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| EU MS: Judge Hubert Legal Is Kicked Off the Case |
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Friday, July 08 2005 @ 11:51 PM EDT
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Well, they did it. Judge Hubert Legal has been kicked off the Microsoft EU antitrust case. The Reuters report says it's because he angered his fellow judges by writing an article saying some clerks were trying to unduly influence the outcome of cases. A 13-man panel, headed by Bo Vesterdorf, will now hear the case: But Judge Hubert Legal, who had been in charge of a panel of five judges handling the case, will no longer participate, the court official said. Sources have said Legal was removed, because he wrote a controversial article that angered fellow judges.
Vesterdorf had proposed a change in judges after Judge Legal created an uproar by writing a piece that used the words "ayatollahs of free enterprise" in connection with law clerks and suggested they might have undue influence on some judges.
The European Commission found in March 2004 that Microsoft competed unfairly against rivals, fined it 497 million euros ($605 million) and ordered it to change some of its business practices.
Now the 13-judge panel will decide whether to uphold the Commission's decision or reject all or part of it. It seems any time there is a finding of Microsoft guilt in an antitrust matter, some way or other, a judge is sacrificed. Vesterdorf heads the panel, or chamber, but Judge John Cook will handle the case now. If you wish to read a snip of the article that cost Judge Legal his oversight, I wrote about it here, and there is a bit of it translated for you, and there's a link if you wish to buy and read the whole thing (in French only). Background here in an earlier Reuters report. For the life of me, I read the article and I can't see what the fuss is about. It can't be just the article, unless there are some very thin-skinned prima donna judges in Europe. Or whiny law clerks throwing their weight around and influencing judges. Oh, wait. . .
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| Authored by: Waterman on Saturday, July 09 2005 @ 12:27 AM EDT |
| You're right on judges being canned if they speak out about M$. [ Reply to This | # ]
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- Smallville Fan - Authored by: Anonymous on Sunday, July 10 2005 @ 01:32 AM EDT
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| Authored by: dnl on Saturday, July 09 2005 @ 12:41 AM EDT |
| So that PJ may find them easily [ Reply to This | # ]
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| Authored by: dnl on Saturday, July 09 2005 @ 12:42 AM EDT |
| Don't forget clickable links... [ Reply to This | # ]
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| Authored by: iceworm on Saturday, July 09 2005 @ 02:08 AM EDT |
In my most humble opinion, an active judge on a case
who refers to his
(and other judges of the same venue) as
"ayatollahs of free enterprise"
should get fired. Trying a
case in the news media is something we deplore in
relation
to tSCOG. Judge Legal was not showing good judgement.
iceworm [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 09 2005 @ 05:29 AM EDT |
Of course, they're going to kick him off the case. In politics, after all, image
is everything.[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 09 2005 @ 06:54 AM EDT |
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MS money
trail
I wonder if they have also done so within the
European
courts. Certainly many EC bureaucrats and some EU
politicians
seem
to be working for Microsoft and one or two other
companies with vested
interests, as we have seen in the
software patents wrangle.
[ Reply to This | # ]
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| Authored by: hannes on Saturday, July 09 2005 @ 07:57 AM EDT |
| Hubert Legal's editorial Le contentieux communautaire de la concurrence
entre contrôle restreint et pleine juridiction (Concurrences N°2-2005) is
available as
PDF from
Concurrences' web site. [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 09 2005 @ 10:22 AM EDT |
Judges are not supposed to talk to the press. Period.
How many times do they have to be told that? Every single
judge in the world should have a mural painted on every
wall in every courtroom that says:
"Thou Shalt Not Talk to The Press!"
[ Reply to This | # ]
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| Authored by: rsteinmetz70112 on Saturday, July 09 2005 @ 10:33 AM EDT |
Judge Legal must have had other cases. Was he removed from them as well?
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
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| Authored by: Anonymous on Saturday, July 09 2005 @ 11:03 AM EDT |
Perhaps Judge Legal was aware that machinations were already underway to have
him replaced, and decided to go public with his information about the undue
influence of these free enterprise ayatollah clerks while he still had the
pulpit.
Peter Yellman
[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 09 2005 @ 05:22 PM EDT |
Has anyone checked on the translation of this phrase?
Is everyone sure that he didn't mean "free software ayatollah"?
I don't mean a literal "enterprise/software" translation, but a
nuanced translation. Perhaps he was attacking FOSS advocates ???
I'm sorry, but my French just isn't good enough to understand the subtleties.[ Reply to This | # ]
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| Authored by: Anonymous on Monday, July 11 2005 @ 11:13 AM EDT |
how dare he speak his mind and expresses how he sees the system from his point
view.
God forbid that they try to address some of his concerns - but no lets just get
rid of him.
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, July 11 2005 @ 11:16 AM EDT |
| Is it me or is there a pattern here. [ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, July 13 2005 @ 10:18 AM EDT |
| Canon 3A(3): A judge should be patient, dignified, respectful, and courteous
to
litigants, jurors, witnesses, lawyers, and others with whom the judge deals
in
an official capacity, and should require similar conduct of those
subject to the
judge's control, including lawyers to the extent consistent with
their role in
the adversary process.
I didn't RTFA so I don't have an
opinion wether he went too far or not but I would assume, from the Canon's
wording, that the judge would be duty bound to speak up if he sees undignified
actions from the clerks (who try to influences judges) and other judges (who
allow
other relationships to
influence [their] judicial conduct or
judgment.
In Canada, we have a big enquiry -- the "Gommery
Commission" -- and the judge was not shy to speak up. The former Prime Minister
of Canada -- Jean Chrétien -- even tried to get him to recluse (sp?) himself but
the judge refused. [ Reply to This | # ]
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