OPINION
Dear friends,
Finally, someone other than me is officially pointing out the injustice that, I believe, has been going on far too long in Delaware’s Court of Chancery. TransPerfect, which had been battling in this court and continues to dispute the bills it has been paying law firm, Skadden Arps, close to $10 million in undisclosed legal fees since being appointed the company’s custodian.
My friends over at Citizens for a Pro-Business Delaware (CPBD) are calling for reforms to our once-proud business court. In my opinion, folks, the court bends to the will of Chancellor Andre Bouchard and his old co-workers at Skadden Arps, including Robert Pincus, who was appointed by Bouchard. And (now thankfully) retired Supreme Court Justice, Leo Strine. I would love to see Bouchard follow in Strine’s footsteps and leave his post before it’s over!
Citizens for a Pro-Business Delaware is asking for much-needed reforms from our legislators, including transparency at the Chancery Court. Bills should be disclosed, itemized and viewable by those who are paying them. In my view, these outdated bullying tactics, employed by the Chancery Court, must stop.
According to TransPerfect’s motion, years after the TransPerfect case was settled, the custodian in the case, Robert Pincus has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee! According to this motion, his responsibilities remain unclear. How is that possible?! Skadden Arps has received a significant amount of the millions spent on the entire case.
“The Skaddenomics that Chancellor Bouchard has enabled in his Chancery Court, while violating the court’s rules to direct millions of dollars to friends at his old law firm, are unacceptable, and exactly the sort of behavior that our over 5,000 members are committed to fighting,” said Chris Coffey, the Citizens for a Pro-Business Delaware’s Campaign Manager.
I say Go Citizens! I’m thrilled to see this group taking on Andre Bouchard and his Chancery Court! I know many of my readers will be happy to see this news. Reform has been needed for years! Hello Delaware — this is an election year!! Let’s see if our State Legislators have what it takes to get this done!
See the announcement below, taken from the Associated Press news service. Let’s help make this happen, folks!
Get in touch with your state representatives and let them know this is what Delaware needs and that we mean business!
Sincerely yours,
Judson Bennett-Coastal Network
Full story from PR Newswire below:
OPINION Dear friends, One more on this topic, because it’s just too hard to resist not mentioning this. See the story I’ve posted below, as law firm Skadden Arps is defending its “diversity culture” after Rev. Al Sharpton accused the firm of racist hiring practices. This couldn’t be happening to, in my view, a more incredulous bunch at Skadden Arps because they appear to have a culture of taking what they want in Delaware’s Courts. Considering Chancellor Andre Bouchard, his appointed TransPerfect Custodian Robert Pincus and former Supreme Court Chief Justice Leo Strine were all once members of Skadden Arps. They collected millions from TransPerfect and continue to bill the company with sealed and unitemized monthly bills, so I for one will shed no tears for this firm, which seems to have their way in Andre Bouchard’s Chancery Court. This firm has also had problems with the Feds, which have been reported widely in the press. Apparently under public scrutiny, which is detailed in the story below, Skadden is finally having to answer for some of its practices. I say, good! (even though the diversity issue is not at the top of my list.) Regardless, this pundit and political observer, believes there is some kind of perverse justice going on here. Many of the positions of power in the Delaware Courts have been filled with Skadden folks and I’m honestly surprised that no one besides me has noticed this potential Skadden domination within the Chancery and Supreme Courts in Delaware?? Please read the article below, which prompted this op-ed. Respectfully yours, Judson Bennett-Coastal Network http://www.abajournal.com/news/article/biglaw-firm-defends-its-commitment-to-diversity-after-al-sharpton-criticismCourt Motion Reveals Skadden Arps has Charged $10 million in Undisclosed Legal Fees as Custodian of TransPerfect While Hiding Behind Obscure Chancery Court Order; Citizens for a Pro-Business Delaware Renews Call for Reform
WILMINGTON, Del., Jan. 22, 2020 /PRNewswire/ — Following a court motion filed in the Delaware Court of Chancery today by TransPerfect Global, Inc. revealing that the law firm of Skadden Arps has billed the translation services company for upwards of $10 million in undisclosed legal fees since being appointed the company’s custodian, Citizens for a Pro-Business Delaware (CPBD) is renewing its call for reforms to the opaque business court.
Among the much-needed reforms is legislation, introduced to the Delaware State Legislature, that would bring much-need transparency to the Chancery Court, requiring appointed custodians to itemize and publicly disclose a complete accounting of the costs they’ve passed on to the companies under their control so that the public, and the companies themselves, know how their money is being spent. The legislation follows Delaware Chancery Court Chancellor Bouchard’s abuse of court rules, as he appointed his last employer, Skadden Arps, and ruled that TransPerfect – which is incorporated in Delaware and has nearly 4,000 employees globally – should be sold as a result of an internal dispute between the company’s ownership. Since, Skadden Arps has received a significant amount of the $250 million that was spent on the case.
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “The Skaddenomics that Chancellor Bouchard has enabled in his Chancery Court by violating the court’s rules to direct millions of dollars to friends at his old law firm are unacceptable, and exactly the sort of behavior that our over 5,000 members are committed to fighting. The Delaware State Legislature should take a long look at this motion and consider the legislation before them to create a fairer and more transparent Chancery Court. When you eat a meal at a restaurant, you get a receipt with a breakdown of the charges. Why shouldn’t the Chancery Court be required to do the same for companies they’re forcing to pay millions in legal fees?”
According to TransPerfect’s motion, over two years after the TransPerfect case was settled in 2015, the custodian in the case, Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. According to TransPerfect’s motion, his responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended over two years ago.
As Delaware dropped 10 spots to number 11 according to the Chamber of Commerce in its judicial rankings last year, CPBD announced a new platform to dramatically improve ethics, transparency, and accountability in the State’s Government and Chancery Court. The full platform is available here.
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Bruce Charet, scribe at the Friars Club, is famous for his multitude of connections in show business. Commonly known as the showbiz historian, Bruce is a New York native who graduated in 1981 from Poly Prep Country Day School and subsequently attended The City College of New York. He embarked on a career in show business at an early age and, to date, has been very successful in his endeavors. Bruce Charet has worked for big-time companies such a William Morris Agency – a Hollywood-based talent agency that represented some of the best known 20th-century entertainers in film, television, and music. It was regarded as the first great talent agency in show business. One of his very first assignments was managing top-charting pop singer, actress, and vocalist Connie Francis at aged just 21 years old. He subsequently was employed in roles with CBS the American-English commercial broadcast television and radio network, and the American entertainment company Warner Bros. Entertainment Inc. – commonly known as Warner Bros. He is currently the president of Bruce Charet Productions, a company which he established in 2010.BigLaw firm defends its commitment to diversity after Al Sharpton’s criticism
BY DEBRA CASSENS WEISS Skadden, Arps, Slate, Meagher & Flom is defending its diversity efforts after the Revs. Al Sharpton and Dale D. Dennis II criticized the law firm for having few racial minorities in its Wilmington, Delaware, office. Skadden responded with a Jan. 6 letter to Sharpton and Dennis saying the law firm has a long-standing commitment to diversity and inclusion, although its journey toward that goal is a work in progress. The firm outlined several of its efforts to attract minorities to legal careers and to hire and promote diverse lawyers. World Intellectual Property Review and Law.com have coverage. Those efforts include:Skadden also released this statement: “Diversity and inclusion are values upon which our firm was founded, and while there is more to accomplish in this area, we are steadfast in our efforts to build and maintain a world-class, diverse workforce that delivers the highest caliber work product to our clients. We agree with civil rights advocates that diversity on the bench and throughout the legal profession should be a priority in Delaware and globally, and we are proud that the first two female justices on the Delaware Supreme Court were attorneys from Skadden.” Sharpton and Dennis had expressed concern with a lack of diversity in Delaware courts and in the state’s prestigious law firms in a Dec. 30 letter to Skadden published by Above the Law. “While Skadden claims that ‘diversity and inclusion are fundamental to [its] success as a global law firm,’ its presence in Wilmington tells a different story,” the letter said. “According to Skadden Arps’ own reporting on law firm diversity, of the 72 lawyers in the firm’s Wilmington office, exactly one summer associate is black, while 9 of 10 partners are white. And of 49 full associates in the same office, just six are racial minorities.” The Dec. 30 letter said Sharpton and Dennis are commissioning a study on the state of diversity in Delaware’s legal industry.
- Establishing the Skadden Honors Programin Legal Studies at the Colin Powell School at the City College of New York, which has prepared more than 250 CCNY students for law school admission.
- Participation in Legal Outreach, a diversity pipeline program that includes a one-week summer internship at Skadden for high-achieving New York City public school students.
- Participation in the Delaware Minority Job Fair for second- and third-year law students.
- Creation of a formal sponsorship program that pairs some of Skadden’s highly performing associates and counsel from underrepresented backgrounds with senior law firm leaders.
Look, folks, if you have been paying attention in recent years, you’ll know that I am an advocate against some of the actions I have observed by the law firm of Skadden Arps. Indeed, after I saw, in my opinion, how they dominated the Chancery Court in the recent TransPerfect case, which made countless headlines from the procedures that took place in this Court over the past few years, I am simply amazed? It appears to me from the complaints I have received and the apparent incessant situation I have witnessed, that Skadden has possibly turned TransPerfect into their own monetary printing press! Outrageously, their billing of TransPerfect apparently continues to this day! I cannot understand this?
The Dover Post story below points out flaws in the Delaware courts and shows where change is needed. And chief among the offenders of this is the Skadden Arps firm, which, as I see it, is where these offenders learn their tradecraft and then move through the ranks of the Delaware Chancery Court and upper court system.
And now, on top of all of this, Skadden Aprs and Andre Bouchard’s Chancery Court is now facing racism charges and has been called upon by Reverend Al Sharpton to increase diversity and inclusion efforts. After Tamika Montgomery–Reeves’ move to Delaware’s Supreme Court, the Chancery Court is now back to its all-white status quo.
As an aside, Diversity Claims and Affirmative Action after years of it, are certainly not my priority, however, it is in the news and worth mentioning.
See the Dover Post story below for the changes being demanded at the Chancery Court.
By Emily Lytle
Originally Published in the Dover Post: Jan. 15, 2020
Pastors and community members rallied outside Legislative Hall Jan. 15.
The Rev. Dale Dennis II of Hoyt Memorial C.M.E in Wilmington led a rally in Dover to advocate for more African American representation in Delaware’s courts. He said he is fighting for his young daughter.
“As a diverse state, we must begin to make sure that people can see themselves as the future and the right-now of America,” Dennis said.
He joined the Rev. Blaine Hackett of St. John Africa Methodist Church, the Rev. Alfred S. Parker Jr., president of Methodist Ministers’ Alliance, and several residents outside Legislative Hall as the Delaware Senate Executive Committee considered Paul Fioravanti Jr.’s nomination to the Court of Chancery Jan. 15.
Fioravanti’s nomination was later confirmed. He will replace Justice Tameeka Montgomery-Reeves who became the first African American judge on the state Supreme Court Jan. 3.
“Paul’s litigation experience and judgment will serve our state well on the Court of Chancery, our country’s premier venue for corporate litigation,” Gov. John Carney said in a statement. “I want to thank members of the Delaware Senate for considering and confirming his nomination.”
Hackett believes there needs to be a greater African American presence to speak up for the more than 60% of Delaware’s prison population that is black.
“Black folk, we are being pushed farther under the totem pole,” Hackett said. “We’re out here shedding our blood. We’re out here being beat and incarcerated at levels like no other race. And yet nobody is fighting our cause, championing our cause, very few.”
Four of the 34 justices who serve on the three highest courts in Delaware are people of color.
The rally came after civil rights activist the Rev. Al Sharpton was denied the opportunity to testify about diversity in the state’s courts at the hearing. He has visited Delaware to talk about this over the past several months and wrote to law firm Skadden Arps, calling for elite firms to do their part in advancing people of color in the legal industry.
“To say that I am disappointed I was denied the opportunity to testify before the Delaware State Senate on the matter of [Mr. Fioravanti’s] confirmation would be an understatement,” Sharpton said in a separate statement released to Delaware Business Now. “Diversity transferred is not diversity created or advanced. Delaware must do better. Governor Carney and the State Legislature must do better. I welcome the opportunity to discuss this issue further with them, and will not rest until we address this injustice.”
Representatives from Citizens for a Pro-Business Delaware attended the rally and supported the leading pastors.
“It’s disappointing the Senate chose not to hear from Reverend Sharpton, whose moral credibility on issues of racial justice is beyond question, but today’s rally showed just how important this issue is to countless Delawareans,” said Chris Coffey, campaign manager for Citizens for a Pro-Business Delaware.
Dennis said this is a change that cannot wait.
“We must continue to make sure that when our children look at our courts, our children see people who look like them and remind them of what their future can be and allow them to know that they can overcome any obstacle and they can achieve anything in the great United States of America,” Dennis said. “But, it starts with us holding our feet to the fire to say that it is absolutely important for us to make sure that our courts are diverse. And it’s time for diversity now.”
I was eagerly watching the college football national championship game this week. I’m a big fan and have traveled far-and-wide to see Delaware’s team play over the years. While watching the game, I thought about next season and couldn’t help but feel happy for the folks over at TransPerfect. The company — almost disbanded by Andre Bouchard’s Chancery Court — will take a victory lap of sorts.
Next year, TransPerfect will begin sponsoring a Top 10 College Football Bowl Game, “The Music City Bowl”in Nashville, Tennesse. The game will see a Southeastern Conference (SEC) team take on a Big 10 Conference team, in what should be a strong matchup. If you’re going to put your company’s hard-earned money on the line, this is the way to spend it, rather than spending millions on Skadden Arps’ billings, which continue to this day, to the tune of nearly six figures, on average, each month.
In my opinion, it’s shameful how Skadden Arps is raiding the corporate coffers over at TransPerfect. The company has to pay the bills without seeing them. No itemization. Nothing. Everything’s hidden like it’s Russia. How these bills continue to this day, nearly two years after the case has been closed, is beyond me! That must be maddening for CEO Phil Shawe, CFO Steve Tondera and the other executives at TransPerfect.
Last year in Wilmington, I was able to meet some of the executives and employees of this privately-held, fast-growing company. The group’s energy and enthusiasm was that of a company far younger than its almost three decades in business. After everything they’ve been through at TransPerfect, with, as I see it, Bouchard and Skadden Arps, raking them over the coals, this festive bowl sponsorship and the accolades that go along with it couldn’t be happening to a more well-deserving group of people.
As I look to the coming year, it’s heartening to see good things coming for TransPerfect, despite being treated so poorly by Bouchard, Skadden, and, in my view, some of our weak-in-the-knees Delaware legislators, who should be putting politics aside and making the needed law changes. Even well-known Reverend Al Sharpton has noticed something rotten at Skadden, writing a letter last week criticizing them for lack of diversity, especially in their Wilmington office!
As always your comments are welcome and appreciated.
How ridiculous is this? See the nutty story below for a story that’s not to be believed! It appears to me that the people at Skadden Arps are trying to blame TransPerfect because this law firm has too few attorneys of color in their Wilmington office. I wonder how ignorant Skadden and their former workers Andre Bouchard and Robert Pincus think the pubic is?
The TransPerfect case is still sealed up, two years after it ended and Skadden is still billing them! In my educated opinion, folks, this appears to be an attempt to hide and to divert attention away from their endless money-grab from this company by saying that TransPerfect is somehow responsible for Skadden having not being diverse enough? I don’t understand what’s up with the incessant billing, nor can I get an explanation from anybody on why it is still going on?
Look, at the end of the day, I’m an old guy set in my ways and diversity is not on my agenda of problems to solve in the world. I believe that you hire the person you feel is best suited for the job, regardless of color, race, religion or sexual orientation. As I see it, everyone should be somewhat suspicious of Skadden Arps and those Limousine Liberals that cruise around our justice system.
I’ve been watching this BS for a few years now and in my opinion, it seems they do not NOT value what they say they value. So whether it’s the non-stop money faucet from this company or playing favorites with former Skadden folks, who have moved on to positions of power in the Delaware court system, or it’s diversity in their own workplace, these guys, in my view, are not upfront.
What’s good for these guys is what’s good for them and no one else, as far as I’m concerned. They have a not-so-great track-record, not just in the U.S., but around the world. You think they’re worried about diversity in Delaware? I think they’re worried about money and cronyistic behavior. In my opinion, they’re counting on no one peeking too hard in on little-ole Delaware, while they have their way with court appointments, finances and running the show from Wilmington to Dover and everywhere in between??
I’ve been keenly aware of Skadden Arps because many of its former and current employees were involved in the TransPerfect case, which I have written about over the past few years. This law firm once employed Chancery Court Chancellor Andre Bouchard and former Chief Justice of the Delaware Supreme Court Leo Strine and of course the court-appointed custodian in the case, Robert Pincus.
The firm has doubled-down on that arrogance, in my opinion, by going after advocacy group Citizens for Pro-Business Delaware, after being faced with racism allegations from Reverend Al Sharpton last week. For the record, I can’t stand Al Sharpton! Regardless, Skadden issued a statement saying, while they are open to addressing “this systemic issue,” and they “reject attempts by Citizens for a Pro-Business Delaware” the statement says, “a group comprised primarily of employees of TransPerfect—to co-opt the conversation of diversity and inclusion in Delaware as a means to further their vendetta against our firm and former partner, who we represent in his capacity as the court-appointed custodian who oversaw the sale of TransPerfect.”
So, in my view, they cast blame and accuse wrongdoing while not taking on any blame or admitting any wrongdoing on their part. How about taking responsibility?
The Citizens group fought back, you’ll see in the story below. As far as Skadden is concerned, in my view, this is all shameful. Frankly , this diversity crap is ridiculous from both sides. I have felt that TransPerfect, Philip Shawe, and his mother Shirley Shawe all got a raw deal. Considering the conflicts of interest and in my view, continuing appearances of impropriety, is the real rub here!
By Citizens for a Pro-Business Delaware
Published Jan 7, 2020 at 8:00 am | Updated Jan 7, 2020 at 4:02 pm
WILMINGTON, Del., Jan. 7, 2020 /PRNewswire/ —
Following Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates’ response to Reverend Al Sharpton’s recent call for top law firms, including Skadden, to increase diversity and inclusion efforts, CPBD Campaign Manager Chris Coffey has released the following statement:
“It’s not shocking in the least that the same firm responsible for suppressing the voices of those advocating for basic human rights in Ukraine would now shift its focus towards slinging mud at a 5,000-member grassroots organization seeking to improve diversity in the historically white and male Delaware court system. We spent over $1 million advocating for diversity in Delaware last year. What have they done?
Instead of addressing the fact that out of 72 lawyers in Delaware, Skadden has barely a handful of African American lawyers in a state that’s almost 30% black. Meanwhile, despite hollow promises to change their legacy on this, and be ‘steadfast in their efforts to build a diverse workforce,’ just one of their summer associates in Delaware – home to the nation’s busiest corporate courts – was black.
Skadden should take a long look at themselves and what they can do to be better, more honest, and more inclusive leaders in the legal community before throwing mud at those trying to break the status quo. It’s 2020 and it’s time legal industry leaders like Skadden Arps acted like it.”
OPINION
Folks,
I consider myself a reasonable man who has enjoyed an upper middle class life. I am a well educated man, having gone to a private high school, achieved a Bachelors Degree and a Masters Degree from the University of Delaware. Indeed I am very experienced in politics, having been a Republican District leader, an elected official, a candidate, a lobbyist, a campaign manager, political consultant, and now a political pundit. I know the game very well.
That being said, I have never in my life experienced the absolute hatred and vitriol that comes from the liberal left. The complete lack of logic is beyond belief? I thought Obama was one of the worst Presidents in United States history, but never did I or my fellow Republicans ever disrespect the office of the Presidency to the extreme level that the media and the elected Democrat Congressmen and Senators have gone in attacking President Trump. Frankly it is disgraceful and I certainly am not going to take it any more. I am also concerned about violence. Don’t ever pull a hat off my head or ask me to leave a restaurant, or bother me in public. If you do all hell will break lose ! Since when do you get to mess with my 1st Amendment rights of free speech ? For the record, Facebook staff actually compromised me on my writings in this organization. Outrageous is the only word that comes to mind. When the truth is actually presented, the democrat left ignores it and then lies!! There is no logic in the Democrat party anymore and that is a fact ! OPEN BORDERS, INCREASED TAXES, SANCTUARY CITIES-DISGRACEFUL!
Let us look at some absolute documented realities that I can prove right now and if anybody is still around that is a left wing Democrat who is willing to look at the facts and can present a logical argument, I would love to hear it. Here are some facts: 1) Former head of the FBI , James Comey presented and signed off as verified, the “Steele Dossier” which was never verified and was paid for by Hilliary Clinton. 2) An FBI lawyer actually changed an e-mail so it appeared as if Carter Page was not working for the CIA, when in fact he was. 3) FBI agents Stryk and McCabe along with Lisa Page conspired to create this false scenario. The Mueller investigation, which cost the American Tax Payers 25 million dollars, was a complete witch- hunt based on false information. THIS HAS BEEN PROVEN. 3) The Impeachment deal is also false, propagated by Adam Schiff, and there is no verified evidence, Trump will be exonerated in the Senate. 4) Nancy Pelosi is holding up the “Articles of Impeachment”. This goes against the constitution. The House has the responsibility to gather the evidence. It is not the Senate’s responsibility. The Senate conducts the trial according to its rules. Absurdity beyond belief ! ALL facts Folks !
Finally, let us look at the killing of Iranian General and designated Terrorist (by Obama) Soloimani. He is 100% directly responsible for the killing of 600 American troops and the wounding of hundreds more. He is directly responsible for the attack on the American Embassy in Iraq. He was planning more vicious attacks against American interests which was verified by our intelligence agencies. He was seen in the crowd for God sake. He deserved to be killed. THANK GOD FOR DONALD TRUMP. This action has actually saved American lives. I can argue that very well. You would think that the Democrats supported this malicious and dangerous fanatic the way they are acting. The only effective way to deal with these horrible nut cases is to fight fire with fire. They kill one American, we kill 25 of them.
Enough said for now. More coming. I am going to enjoy the devastation of the Democrat Party which seems to be led by the nose by the most ignorant, ridiculous human being in the world- Congress- Woman Acasio Cortex ! LOL, LOL ,LOL ! What a joke!
Bring it on folks, I am your Huckleberry. I have got the facts and the guts to fight for my President and destroy completely your absurd, dishonest, and insipid vocal renderings. I am dedicating myself right now to the removal from office every House Democrat and the re-election of Donald Trump as the best President in American history !
Not Respectfully Submitted,
JUDSON Bennett-Coastal Network
I have written extensively about the TransPerfect case, how it was adjudicated, appearances of impropriety and conflicts of interest that I clearly perceive to exist, and the apparent, and in my view, incestuous situation that has developed over the years in Delaware’s “Good Ole Boy” legal system, seemingly protected by the Delaware Bar Association and the Legislature alike.
I have even written an article about what I think a good Delaware Judge should be like and the qualifications needed to be fair and effective. Frankly, I do not think Andre Bouchard should be a Chancellor, nor should Leo Strine have been a Chief Justice of the Supreme Court. For the record, Bouchard and Strine were former business partners in the infamous Skadden Arps firm. One thing for sure, the job of any Judge whether in Delaware or elsewhere is to be fair and impartial. Anything less than that is a form of corruption in my opinion. Never should lawyers, who are friends and former business partners of the presiding Judge, be allowed to enrich themselves through litigation and biased rulings.
That is what I think happened in the TransPerfect case and it is still going on: The purpose of Delaware’s Chancery Court is to dispense equity and fairness, never to enhance those who are or have been personally connected to the Judge. Similarly, Delaware’s Supreme Court, where appeals are considered is also supposed to be unbiased with the recusal of Justices who have possible conflicts of interest. Indeed, I have concluded that conflicts of interest from what I have observed in the TransPerfect case both in the Chancery and in the Delaware Supreme Court might actually exist.
Having observed what I believe are Andre Bouchard’s appearances of impropriety as Delaware’s Chancellor, I was struck and dismayed by the arrogance and rudeness exhibited by Chief Justice Strine in his treatment of esteemed litigator Alan Dershowitz, who was representing Shirley Shawe in the TransPerfect appeal. The upholding of Bouchard’s subjective ruling by Strine et al was flawed in my view and was seemingly an obvious rubber stamp for Bouchard’s unprecedented sanctions and biased rulings. Justice Karen Valihura in her dissent called the Chancery Court’s ruling an illegal “Taking” under the 5th amendment. Regardless, I was concerned by Strine’s apparent superior attitude and in my view pompous administration of his position.
What constitutes conflicts of interest and the need for recusal by the Judge in any legal proceeding? From the National Legal Institute, I was able to glean the following: 1) Any justice, judge, or magistrate shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. 2) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding. 3) Where in private practice, he served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law and served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it. 4) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.
I was recently contacted by Mr. James Martin, who was once a New Jersey lawyer. He apparently became a victim of an accident while riding his bike, lost his cases in lower courts and claims he was unable to appeal, because of Leo Strine’s conflicts of interest and failure to legally recuse himself. I interviewed Mr. Martin and to be absolutely sure to present his complaint accurately I insisted he give me his story in writing which I have preserved and documented in my archives.
According to Martin, to put it simply, Leo Strine failed to recuse himself when he should have, due to the fact that when he was serving as a government lawyer for then-Governor Carper, there were apparently overlapping issues involving the request for paneling temporary jurists to hear his appeal, because the official justices had already recused themselves. As I understand it, Martin feels that Strine prevented that from happening, creating an ongoing conflict of interest later on, when his appeal was tabled by Strine who refused to recuse himself when presented with absolute documentation of the legal grounds for his recusal. Mr. Martin sent me Strine’s official comment: “Indeed, I had no recollection of the 1996 correspondence until Mr. Martin’s motion brought it up, and even reviewing the letter [which bears my signature] now did not restore any memory of it. I am therefore satisfied that I can hear this matter free of bias.”
Well, folks, I say why not recuse himself and give Martin the benefit of any doubt?? The law is clear in that if there is any possible disparity or doubt, the Judge should recuse. Not Strine, who chose instead to be an ongoing negative force in Martin’s life. In the most recent case, Mr. Martin renewed the Motion to Recuse CJ Strine while he was active earlier this year on the Supreme Court of Delaware. He issued no decision on the Motion, even though it was filed within a few days after the appeal was docketed, and before any briefing. Instead, the case was closed, and the issue about whether a Motion to Recuse may be disregarded, without abridging a party’s due process, constitutional right, is currently docketed in the Supreme Court, at “No. 19-674.”
Folks, the bottom line is, according to James Martin, and if his forwards to me are accurate, Leo Strine had a duty to recuse himself. Indeed, by not doing so he created an unworthy and unjust situation for James Martin. Interestingly, this case is still before the Delaware Supreme Court and it is my understanding there is no statute of limitations. It is also my understanding that this case is in the Guinness Book of World Records as the longest pending case in U.S. history? The bottom line here is that a man who was entitled to a fair hearing and a fair appeal apparently did not get one? Strine, in his apparent arrogance, if indeed Mr. Martin is correct in his claims, did not allocate proper justice.
Leo Strine has recently resigned from the Supreme Court, six years before his term is up. Perhaps, all things considered, it was for the best and I say good riddance. I would be happy to see Andre Bouchard depart as Chancellor as well. As for Mr. Martin, good luck with your pending appeal. Maybe under Chief Justice Seitz, you will receive your long-awaited equity.
As always your comments are welcome and appreciated.