Steve Leben @Judge_Leben Twitter profile

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Steve Leben

@Judge_Leben

7 years

My take: There's a good reason it's harder to jail people in the U.S.--our Bill of Rights.

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Steve Leben

@Judge_Leben

21 days

This is the No. 1 problem I have with American constitutional law. To my core, I cannot conceive of a justice system where this is true.

Andrew Fleischman

@ASFleischman

22 days

There is no constitutional right for an innocent person not to be executed so long as their conviction was obtained through due process.

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Steve Leben

@Judge_Leben

4 months

@espinsegall I wrestled with a number of ethical questions during my 27 years as a judge. Never in my wildest imagination would I have thought what Justice Thomas has done would be acceptable.

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Steve Leben

@Judge_Leben

5 years

Kelly’s order limiting Kansas church services stands, justices rule hours before Easter

Kelly’s order limiting Kansas church services stands, justices rule hours before Easter

Most churches have already canceled in-person services

www.kansas.com

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Steve Leben

@Judge_Leben

4 months

@espinsegall Several posts today tried to equate what Justice Thomas has done to what any other justice has done. You cannot equate what Justice Thomas has done to what any other justice has ever done. It is far beyond the pale, and any reasonable person (including judges) should agree.

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Steve Leben

@Judge_Leben

8 months

How can the United States Supreme Court (a) not know how to remove metadata and (b) not have a standard practice to do so? Which raises another important question: How much do they understand about science and technology when it intersects with the law?

Mark Joseph Stern

@mjs_DC

8 months

If you double click where it says "JJ." at the top, then copy and paste it, that line reads: SOTOMAYOR , J., concurring in part and dissenting in part. And if you do a control-F search for "SOTOMAYOR , J., concurring in part and dissenting in part," it highlights that same line.

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Steve Leben

@Judge_Leben

6 years

Most judges in state courts believe part of our job is to educate the public about what we do. We will carry on. I've never seen a way in which educating the public about what we do and letting them see court proceedings (even through TV) has interfered with doing my job.

CSPAN

@cspan

6 years

Chief Justice John Roberts on cameras in the Supreme Court: "I think it would be very helpful in getting more people familiar with how the Court operates, but that's not our job; to educate people. Our job is to carry out our role under the Constitution..." #SCOTUS

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Steve Leben

@Judge_Leben

4 years

Well, the word is out: today is the last day of my 27-year judicial career. What to say? In the limits of a tweet? Hard to do. I'm thankful to the nominating commissions and Govs. Finney and Sebelius for the opportunity and to the voters for retaining me every four years. 1/

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Steve Leben

@Judge_Leben

4 months

We need judges with the intellectual humility to ask, “Could I be wrong here?” And this judge also needs to review the rules on ex parte contacts. I can’t imagine how an UNDISCLOSED ex parte contact could ever be proper in the midst of a criminal trial.

Anthony Michael Kreis

@AnthonyMKreis

4 months

“Judges cannot respond by unduly taking their feelings out against an attorney like Judge Glanville did,” Kreis said. “Frankly, I was surprised that Glanville didn’t take a step back all day to reconsider what he was doing or at least pump the brakes.”

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Steve Leben

@Judge_Leben

5 years

BIG NEWS (for me): I'm leaving the bench (in June) and joining the faculty at the Univ. of Missouri–Kansas City School of Law (in Aug.) as a visiting prof. Grateful to my fellow Kansans for letting me serve as a judge since 1993; ready for a new chapter. @UMKCLaw #ksleg #kscourts

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Steve Leben

@Judge_Leben

6 years

If I were back in law school, I would take Remedies. It’s a field most lay people don’t know exists (“Hey, I just won a lawsuit. When do they pay?”) and most lawyers learn only when they need to. I found out pretty quickly that I needed to learn about this.

Rick Hasen

@rickhasen

6 years

Woo-hoo! At the printer.

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Steve Leben

@Judge_Leben

3 years

@quality_nguyen @Klonick @Hertz I also read the entire thing, and I agree. I also appreciate your posting this here. Thanks for taking the time to put together all of that in a way that may not only get you your money (would they really be stupid enough not to send you a check?) but also help others.

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Steve Leben

@Judge_Leben

1 year

For most judges, this (physical threats against you or your family) isn’t something you think about going in. But it’s real and something you have to come to terms with while doing your job to the best of your ability. My thoughts are with this Maryland judge’s family tonight.

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Steve Leben

@Judge_Leben

5 years

I’m grading law-school exams. After reading one student’s answer to the hardest question (half of a three-hour exam), I wrote: “I’m not sure I would have written as good an answer as this student did.” Seeing that level of learning makes this so worthwhile. 😎

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Steve Leben

@Judge_Leben

1 month

If this is a real public defender, and it’s pretty much impossible to tell here on Twitter/X, this is an unethical post (unless, which is beyond belief, the client gave permission). Lawyers must keep information about the client’s case confidential. 1/

Yassine Meskhout (on book semi-sabbatical)

@ymeskhout

2 months

Anyway, this one client has 3 or 4 bodies that we know about and of course, HE WROTE POEMS ABOUT THE MURDERS AND SIGNS AND DATES THEM. Cops have those and other shit that unbelievably is even more incriminating 3/x

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Steve Leben

@Judge_Leben

1 year

Thanks to Jessica for her great reporting and for giving us these statements from the KBI and County Attorney. There's some legalese here, so let's look at the messages we can take away from them. 1/

Jessica McMaster

@JessMcMasterKC

1 year

BREAKING: KBI along with the county attorney issued a statement saying “insufficient evidence exists” to establish the alleged crime. @KSHB41

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Steve Leben

@Judge_Leben

1 year

@ProfMMurray @SIfill_ @NAACP_LDF This: “If the map was unlawful today, it was unlawful in Feb 2022 when it was allowed to go into effect.” The justices who voted for the stay (keeping illegal districts in place), contrary to precedent and stay standards, affected Congressional elections—without explanation.

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Steve Leben

@Judge_Leben

5 years

When it works really well, judges call this invention a law clerk. 😎

Alyssa Leader

@alittleleader

5 years

A start-up that lets you write 70% of something and then just fills in the 30% where you wrote "SOMETHING HERE ABOUT SECOND ELEMENT" cause you didn't want to write that part.

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Steve Leben

@Judge_Leben

3 years

@avtrask Andrew, I see that you have a Ph.D. and a JD, worked for Google and a pharmaceutical company, and are a partner at a kick-ass law firm. But I’m still wondering: why isn’t your LSAT score listed on your LinkedIn bio? 🤷🏻‍♂️

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Steve Leben

@Judge_Leben

8 months

@LissaJoStewart @chrisgeidner Virtually no reference to the handcuffed woman who died—but they do quote the sheriff saying thus deputy was doing a "real good job.” Journalists can and should do better than this.

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Steve Leben

@Judge_Leben

4 years

This is the legal-writing point I emphasized the most with my law clerks: when you use a lengthy indented quotation, tell me in the intro to it what I should be looking for in it. Without that, I’ll skip it. With it, you’ll prove a point to me.

Ross Guberman & BriefCatch

@legalwritingpro

4 years

Block quotes need selling. The longer and duller the quotation looks, the sharper the sales pitch needs to be. 1/

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Steve Leben

@Judge_Leben

5 years

In these unusual times, many must do unusual things. The justice system must too, and I want to talk a bit about what it takes to get that done. This morning, the Kansas Supreme Court held its first Zoom oral argument—in a case filed three days ago. 1/ #ksleg #kscourts

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Steve Leben

@Judge_Leben

1 year

The attorney ethics rule on this is clear: “[A] lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer” without consent or court order. That a prosecutor would do this openly is quite troubling. 1/

Andrew Fleischman

@ASFleischman

1 year

Down at the DeKalb County State Court where a prosecutor, hearing that my client wants a trial, proceeds to call him up and try to persuade him to plead guilty. "Ma'am, you cannot talk to my client he is represented." "If you are going to be combative you can take a breath"

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Steve Leben

@Judge_Leben

2 years

Exciting News: @UMKCLaw has named me the Douglas R. Stripp Missouri Distinguished Professor of Law. I was a full-time visiting prof. here the past two years, and I'm pleased to have the new position! Announcement here:

Leben to Lead Advocacy Program at School of Law

Latest appointee to Stripp Professorship spent 13 years on Kansas Court of Appeals

www.umkc.edu

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Steve Leben

@Judge_Leben

21 days

I worked with juries for decades; I respect them and their work. I was a judge for decades; I respect them too. But we are all too fallible. When viable claims of innocence remain in play, we should not kill someone. The need for finality is real, but hubris isn’t justice.

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Steve Leben

@Judge_Leben

7 years

Brief-writing tip: If there's one background fact that really should lead to a win for your side, keep your brief short to make it stand out rather than repeating it page after page after page. The repetition in the 50-page brief I'm reading today lessens the impact.

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Steve Leben

@Judge_Leben

2 years

@EvidenceProf Even after reading the motion, I’m at a loss to understand the rationale of the prior DA in not disclosing that information before—or even after—trial. With all the litigation that took place in this case, how does that happen?

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Steve Leben

@Judge_Leben

1 year

We don't have the affidavit yet, but the warrant was quite broad—and officers took basically all the computers and cell phones they could find. The County Attorney is conceding that there wasn't probable cause to think evidence of a crime would be found in all those places. 3/

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Steve Leben

@Judge_Leben

1 year

The County Attorney also says that on Monday he "reviewed in detail the warrant applications." Did he review them in less detail Friday when the warrant was issued? Why wait two days after Monday to ask to have the warrants withdrawn? We don't know. 6/

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Steve Leben

@Judge_Leben

4 months

In discussing the Young Thug trial in Atlanta, Prof. Kreis defended the trial judge a bit by nothing that he seems "super tired and irritable lately." Respectfully, part of a judge's job is regulating emotions & performance on the bench, as well as helping others do that too. 1/

Anthony Michael Kreis

@AnthonyMKreis

4 months

@Judge_Leben We have some very excellent judges. I think he’s just super tired and irritable lately.

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Steve Leben

@Judge_Leben

4 years

Law students and newer lawyers: here’s a thread about the professionalism that we should all aspire to—and many really do achieve.

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Steve Leben

@Judge_Leben

4 months

@AnthonyMKreis Every time this case makes my Twitter feed, the judge is doing something questionable or clearly in error. Am I missing something? Here, the judge should have let Steel make his point but wouldn’t let him do so unless he first revealed confidential information. Then contempt!

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Steve Leben

@Judge_Leben

1 year

It may be inartful drafting of the statement. Or he may be saying that he's not sure the affidavit even established probable cause that someone committed a computer crime. Significantly, he makes no reference to identity theft, the other charge cited in the warrant. 5/

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Steve Leben

@Judge_Leben

7 years

Judge Rosemarie Aquilina has provided a mini-course for other judges on compassion for victims: "What would you like me to know?" "Leave your pain here and go out and do your magnificent things." Plus openness to the public. 1/2

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Steve Leben

@Judge_Leben

4 years

I'm honored to be joining the faculty at @UMKCLaw this year—thanks for the kind welcome! Classes start Aug. 24. So much still to do!

UMKC Law

@UMKCLaw

4 years

New school year, new professors joining UMKC Law! After 27 years on the bench, Kansas Court of Appeals Judge Steve Leben will teach criminal law and appellate advocacy this fall. We are excited to welcome Judge Leben and have him share his wealth of knowledge with our students.

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Steve Leben

@Judge_Leben

3 years

@Klonick @Hertz Just came back to this thread to see if the Hertz bot had entered the conversation. ✅

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Steve Leben

@Judge_Leben

6 months

Today is one of those days that looms large for personal history. In 1997, my dad died unexpectedly. In 2007, Kansas Gov. Kathleen Sebelius called me to tell me she would appoint me the next day to the Kansas Court of Appeals. I credit my dad.

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Steve Leben

@Judge_Leben

1 year

The County Attorney says that the affidavit used to get the search warrant was insufficient "to establish a legally sufficient nexus between the alleged crime and the places searched and the items seized." 2/

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Steve Leben

@Judge_Leben

1 year

When Sherman Smith posted this pic of Bev Baldwin, who comes in weekly to help distribute the Marion Record, many criticized the MAGA shirt. Trump won Kansas (56%) and Marion Co. (73%), and a paper serves its community. I'm glad, working together, they got a paper out today. 1/

Sherman Smith

@sherman_news

1 year

Bev Baldwin, distribution staff at the Marion County Record, just got the call that the paper is on its way from Hutchinson #ksleg

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Steve Leben

@Judge_Leben

1 year

The County Attorney claims, though, that the affidavit "established probable cause to believe that an employee of the newspaper may have committed the crime of K.S.A. 21-5839, Unlawful Acts Concerning Computers." The use of "may" there is interesting. 4/

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Steve Leben

@Judge_Leben

1 year

The County Attorney has also said—appropriately—"that all individuals who may be the subject of an investigation are presumed innocent." There are clearly more developments to come in this situation. 9/9

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Steve Leben

@Judge_Leben

6 years

Attention law students: taking a class on how to interpret statutes can be immensely valuable throughout your career. How much of the law is impacted by a statute? A lot! (And for KU Law @kulawschool students, take my Legislation & Statutory Interpretation class in the spring!)

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Steve Leben

@Judge_Leben

1 year

There is no reason for judges to own a company’s stock. Broad index, ETF, and mutual funds allow reasonable returns without conflicts of interest or the appearance of conflicts. All judges should be able to agree on this.

Elizabeth Warren

@ewarren

1 year

When someone gets their day in court, they shouldn’t have to worry whether their judge is making decisions based on their stock portfolio. I’ll keep working to ban federal judges—including Supreme Court justices—and members of Congress from owning and trading individual stocks.

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Steve Leben

@Judge_Leben

5 years

Remember the scene in Miracle on 34th Street in which U.S. Mail delivery to Kris Kringle proved the government recognized him as Santa Claus? Well, this letter from a California attorney to me as part of the *U.S.Supreme Court* was just delivered to me in Topeka. Just sayin’. 😉

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Steve Leben

@Judge_Leben

4 years

Monday, I start my next adventure—teaching full-time at @UMKCLaw . Today, I got to spend 20 minutes on Zoom with the students I’ll be teaching Criminal Law to (in person). The energy of new law students is palpable, even for n Zoom. Looking forward to the semester.

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Steve Leben

@Judge_Leben

5 years

Writing the “Question Presented” for a Supreme Court cert petition (seeking their discretionary review) is an art form. Here’s the proposed question in an interesting current case. I wonder how many draft versions there were. #AppellateTwitter

Matt Henry

@heymatthenry

5 years

Police: 1) Destroyed a house 2) with a tank 3) to catch a suspected shoplifter

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Steve Leben

@Judge_Leben

4 years

On this date in 1925, a Black semi-pro team beat a KKK team in a Wichita exhibition game. It’s one of my favorite parts of the Negro Leagues Baseball Museum in KC. The museum is well worth a visit. @nlbmprez and the museum merge baseball with racial history in a compelling way.

philip lewis

@Phil_Lewis_

4 years

Never heard of this: Tomorrow is the 95th anniversary of a Negro League team defeating a Ku Klux Klan team in a baseball game. In Kansas! “Strangle holds, razors, horsewhips and other violent implements of argument will be barred at the baseball game...”

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Steve Leben

@Judge_Leben

4 years

And he thanked me. He told me he had needed the wake-up call, that he had now been sober for more than a year after release, and that his girlfriend had stuck with him. Life was good, and he felt I had helped. A judge can ask for little more than that. 13/13

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Steve Leben

@Judge_Leben

1 year

Both the KBI and County Attorney say that the KBI will report the investigation results to the County Attorney. That local prosecutor will decide whether to bring any charges. In these statements, neither he nor the KBI have suggested they are investigating law enforcement. 8/

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Steve Leben

@Judge_Leben

1 year

@danorlovsky7 @PatrickMahomes @tkelce It gets even better—and clearer—here.

Brad Henson Productions

@BradHensonPro

1 year

It is crazy how Patrick Mahomes can read Travis Kelce’s mind. He knows where he is going to be every time before he throws him the ball. 🤯

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Steve Leben

@Judge_Leben

4 years

@BryanAGarner @TuckerCarlson As a trial judge, the first time a criminal defendant appeared in front of me, I asked how to pronounce his or her name. I then used that at all later appearances. As Bryan correctly notes, it’s a simple matter of respect.

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Steve Leben

@Judge_Leben

6 years

For law students looking for a note topic, read all of Prof. Kerr’s comments in this thread. You can be really helpful to litigants, lawyers, and lower courts by figuring out the fault lines, key factors to consider, and possible answers. Thanks in advance for your help!

Orin Kerr

@OrinKerr

6 years

If you're looking for a law review note topic, one approach you might try is to identify an important Supreme Court case from 2-3 years ago and write a note on how lower courts have interpreted it in the years since. That can be both really interesting and really useful.

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Steve Leben

@Judge_Leben

5 years

A brief thread for law students about local court rules. It’s important to know the local rules of any court you appear in. In a multi-judge court, there may be local rules for the court & individual judge-specific rules too. Not knowing them may make a bad impression—or worse.

Sara Warf

@SaraBWarf

5 years

Law students, if you’re wondering what the “local rules” are that you hear us talk about, let me offer as an analogy my 7yo kid’s basketball league. It looks like regular basketball. They have uniforms, refs, five players out at once, etc., but they also have extra rules.

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Steve Leben

@Judge_Leben

3 years

@TomekeeperJulia And throughout both time periods, Julia has provided great service to students and faculty. (She met with me last week to let me know ways she could help me.) Congrats on the new pic—and the courage you’ve shown.

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Steve Leben

@Judge_Leben

3 years

@courtneymilan Thanks for explaining your connection. In neighboring Kansas, where I sentenced defendants, I almost always had the discretion to make sentences concurrent or consecutive. It’s hard to get a justice system that always provides justice. Being honest with jurors seems right though.

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Steve Leben

@Judge_Leben

4 years

This op-ed last week from Prof. @steve_vladeck raises a troubling issue for rule-of-law values: the Supreme Court has overruled lower courts in several cases in unexplained temporary orders that have huge consequences. 1/

Opinion | How the Supreme Court Is Quietly Enabling Trump (Published 2020)

Using emergency relief at the court, the administration has imposed controversial policies without a final determination of their legality.

www.nytimes.com

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Steve Leben

@Judge_Leben

6 years

This is what’s so great about the space on Twitter inhabited by many legal scholars and judges (including #AppellateTwitter )—people are intentionally positive in their interactions. Thanks for the kind comments and friendly discussions. I hope my path crosses each of yours soon.

Carissa Byrne Hessick

@CBHessick

6 years

Wondering if, instead of just talking about the public figures who don't behave professionally on Twitter, we should also explicitly praise those who do. I'll go first. Feel free to add your own in the thread.

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Steve Leben

@Judge_Leben

5 years

I just saw today that Wisconsin Supreme Court Justice Shirley Abrahamson heard her last oral arguments earlier this month; she retires in July. When appointed in 1976, she was the court's first woman member and the only woman judge in Wisconsin. #LadyLawyerDiaries

FOX6 News

@fox6now

5 years

Supreme Court Justice Shirley Abrahamson saluted for her years of services to the state

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Steve Leben

@Judge_Leben

5 years

@LidskyLidsky @cterbeek @JudgeDillard Judge Dillard has used the birthday wishes as a way to meet—and engage with—a broad audience, while also promoting civility and discussion. It’s hard for me to see the downside to that.

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Steve Leben

@Judge_Leben

1 year

We do know that the KBI says "this investigation remains open." The warrant referenced identity theft and unlawful computer use; the County Attorney says today the affidavit may have shown probable cause of unlawful computer use. Presumably that's what's being investigated. 7/

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Steve Leben

@Judge_Leben

6 years

Judicial conference quote of the day from retired US Magistrate Judge David Waxse on managing discovery disputes. He quoted a physicist who was once on a program with him: “Lawyers are like particles in physics. They behave differently when observed.”

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Steve Leben

@Judge_Leben

10 months

This statement, written by a high school student in the 1970s, is in the lobby of the Kansas Judicial Center. I remain in awe of how well she did in capturing the essence of what good judges try to do.

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Steve Leben

@Judge_Leben

5 years

@BridgetMaryMc This is not just a tweet from Chief Justice McCormack; it's a well-thought-out position. Her statement for a U.S. House Judiciary Committee hearing last year is attached. More statements, including ones from @bethwalkr and me, are at . It's our court.

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Steve Leben

@Judge_Leben

4 years

I'm to my new colleagues at @UMKCLaw for giving me the opportunity to be a full-time law professor starting in August. I'll be teaching Criminal Law, Appellate Advocacy, and Legislation. We need good lawyers, and I look forward to helping law students reach their potential. 8/

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Steve Leben

@Judge_Leben

11 months

@espinsegall One of the good things about being our age (I’m 67) is that you may feel freer to say what you think and what you want to. (Also, I’m not sure either of us has ever really shied away that much from stating our views.)

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Steve Leben

@Judge_Leben

2 years

Yesterday, after seeing the motion from the current DA to set aside Adnan Syed's conviction and grant a new trial, I expressed surprise that a critical yet undisclosed document could be found in the DA's files all these years later. Here's one explanation:

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Steve Leben

@Judge_Leben

5 months

NEW ARTICLE, Comments Welcomed. @arklawrev accepted my article, Partisan Judges. I argue that judges should admit that we have values and political views, but that both sides should look for judges with intellectual humility. I have until Aug. to revise.

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Steve Leben

@Judge_Leben

11 months

This is so disappointing. Judges should be open to reconsidering their positions when evidence shows their important assumptions are false. Intellectual humility is an important quality for a good judge.

Julian Davis Mortenson

@jdmortenson

11 months

Great @CassSunstein essay: "Does Evidence Matter?" Current answer: nope! "The historical research" on Founding-era separation of powers "appears to have had no impact—none—on judges," who are as "impervious" to contrary evidence as a "college debater" 1/

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Steve Leben

@Judge_Leben

1 year

We need to work together, talk to one another, and support common values. Everyone at the Marion Record supports a free press. My appreciation goes out to them and all the reporters (including those at the @KansasReflector who broke this story) who have put a spotlight on it. 2/2

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Steve Leben

@Judge_Leben

5 months

NEW ARTICLE, comments welcomed. @KansasLawReview has accepted my article, Disagreeing with Yourself, which discusses state intermediate appellate courts that don't have to follow their own precedents (like KS and IN). #AppellateTwitter #CivPro #LawNerds

Screenshot 2024-05-15 at 8.31.16 AM

Photo created with Dropbox Capture.

www.dropbox.com

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Steve Leben

@Judge_Leben

2 years

An important Kansas Open Records Act court opinion today and one of Judge Stephen Hill's finest: "[C]hoosing to conceal rather than reveal public records[] violates KORA." "Computers require software commands that render the data contained within them usable." #ksleg #kscourts

Mackenzie Clark

@mclarknews

2 years

I think my heart might implode 💗☀️ Hooraaayyyy open records! This is huge for all Kansans, and in ways that we're only beginning to imagine 🥰 @KansasCOG @Davis_Hammet

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Steve Leben

@Judge_Leben

7 years

If you're one of the lawyers and Obama is in the jury box, do you walk over to opposing counsel & say, "What the heck? Let's keep him."

Chicago Tribune

@chicagotribune

7 years

Former President Barack Obama called for Cook County jury duty — and plans to serve next month, chief judge said.

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Steve Leben

@Judge_Leben

7 years

@Slate The author, Dahlia Lithwick, blames herself in part for not reporting the misconduct. She shouldn't. She notes that she told the judge she worked for--who looked horrified--early on. Judges have responsibility for workplace issues, and most of us need to do a better job. 1/2

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Steve Leben

@Judge_Leben

7 years

@ElizabethCano23 I wish faculty wouldn't steer students to federal courts and state high courts, considering state intermediate courts as "lesser" options. We hear all types of cases, see all types of attorneys, and often strive for the work-life balance you note.

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Steve Leben

@Judge_Leben

3 years

I came across this 1990 KU fact sheet: a full year’s in-state tuition then was $1,450 (about $3,014 today). Check out total expense: $5,872 ($12,207 today). I was so lucky to have gotten an affordable education. I wish today’s generation could have the same opportunity.

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Steve Leben

@Judge_Leben

6 months

@JusticeHorn_ @morgonnm Maybe she should have tried it. The stalls are completely private (with red and green lights so you know which are open). And it’s not that hard to wash your hands at a sink next to other fully clothed people in the all gender bathroom.

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Steve Leben

@Judge_Leben

4 years

Some of the best lawyers in Kansas are public defenders too. I have seen first-rate work in both trial and appellate courts. And they help to protect the constitutional rights we all share. It’s important work—and important that it be done well.

Judge Stephen Dillard

@JudgeDillard

4 years

I can only speak from my own experience (although I have no reason to believe it’s uncommon), but some of the best lawyers in GA are public defenders. It’s a tough & important job, & every citizen should be thankful that we have so many excellent lawyers serving in this capacity.

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Steve Leben

@Judge_Leben

3 years

@nomoreevictions As a former trial judge, I would like to see a lot more judicial education focused on the real-life problems created by “standard” requirements like this. Perhaps your local bench-bar committee could get both sides talking productively about it?

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Steve Leben

@Judge_Leben

6 years

#AppellateTwitter at the Appellate Judges Education Institute in Atlanta. Make plans now to join us at AJEI 2019, Nov. 14-17 in Washington, D.C. #AJEI

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Steve Leben

@Judge_Leben

5 years

I got to meet some of my favorite Twitter people for the first time today at UNC Law: @RachelGurvich , @SaraBWarf , @aznchew , and @alittleleader . Pictured here with Rachel Gurvich and Sara Warf. (I’m speaking on campus this afternoon to NC judges about procedural justice.)

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Steve Leben

@Judge_Leben

6 years

This is an example of the good side of Twitter—one appellate lawyer can throw out a highly technical question and get a quick answer from a trusted colleague. #AppellateTwitter

Jaime Santos

@Jaime_ASantos

6 years

If, hypothetically, one is filing an opening brief in an immigration appeal tomorrow, who does one list in the caption as the respondent? (This is not hypothetical.)

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Steve Leben

@Judge_Leben

21 days

@meagan4justice I would happily make that ruling. But I didn’t end up on the Supreme Court. More people with real-world experience (including as trial attorneys and judges) should be there.

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Steve Leben

@Judge_Leben

9 months

@mjbmab1 @eorden Lawyers need to be separately admitted to the specific federal court. In Kansas, for example, a lawyer admitted to the state court would also need to certify that they’ve read the federal local court rules and pay a fee for admission to that federal court.

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Steve Leben

@Judge_Leben

4 months

I will sadly admit that I don’t listen to every episode. But I will listen carefully to this one. I find this Supreme Court opinion on presidential immunity dispiriting. I came of age in Watergate, and I have believed for 50 years that presidents were not above the law. 1/

Strict Scrutiny Podcast

@StrictScrutiny_

4 months

NOW OUT: emergency episode on the emergency that is the Court’s immunity ruling. (tl;dr- SCOTUS goes full Dick Nixon, “if [Republican] Presidents do it, then it’s not illegal.”

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Steve Leben

@Judge_Leben

6 years

By order of @JudgeDillard on motion of @CecereCarl , today (June 8) is #AppellateTwitter Day. And with approval of Dean @RMFifthCircuit , we’ve got a topic for the day: Things You’ve Wanted to Ask an Appellate Judge. Enjoy the conversation. And tag #AppellateTwitter .

Judge Stephen Dillard

@JudgeDillard

6 years

I vote to grant the motion. cc: @dnazarian

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Steve Leben

@Judge_Leben

4 months

Eric, we came of age during Watergate and its aftermath. 1974 me, along with 1982 law-school graduate me, could not have imagined a ruling like this one. The 2016 presidential election has had enormous consequences.

Eric Segall

@espinsegall

4 months

I don’t know if there’s a stronger Court (non-court) academic critic than I am, if you’re out there show yourself, but this decision is much worse than even I thought it would be.

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Steve Leben

@Judge_Leben

5 years

Congratulations to Mizzou Law Dean Lyrissa Lidsky, a First Amendment scholar, on her election to the American Law Institute. The ALI writes subject-matter Restatements of the law that are greatly influential. Congratulations, Dean Lidsky.

Orin Kerr

@OrinKerr

5 years

Congrats to the 60 new members of the @AmLawInst , including law profs @elizabeth_joh , @LidskyLidsky , @VivianEHamilton , @ariezrawaldman , @thefoodlawlab , and many others.

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Steve Leben

@Judge_Leben

2 years

@hannnahmmarie This is one of the most important things that certain judges (and Supreme Court justices) regularly get wrong. At a minimum, respect for others requires not making fun of them when you're in a position of power over them.

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Steve Leben

@Judge_Leben

2 years

@unrealDMGold @BarbMcQuade @steve_vladeck Two other points: 1. The Court seems increasingly and openly political. 2. Trial balloons and leaks are often used in politics. Some are more likely to be political actors than others.

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Steve Leben

@Judge_Leben

7 years

Twitter in seven words: “Find a niche and just say stuff.”

Raffi Melkonian

@RMFifthCircuit

7 years

If you do those things, this place can be a remarkable resource and source of comraderie. Find a niche and just say stuff.

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Steve Leben

@Judge_Leben

4 years

Okay, #AppellateTwitter , a briefing question. For a brief in a federal circuit or the Supreme Court, if you reference something in your argument section that's based in the facts of your case, do you cite to the record again there even though you had that fact in a fact section?

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Steve Leben

@Judge_Leben

5 years

A House Judiciary Committee hearing is looking at ensuring the public's right of access to federal courts. I submitted a statement urging that the U.S. Supreme Court join most state supreme courts in allowing broadcast of oral arguments. My statement: .

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Steve Leben

@Judge_Leben

5 years

Guess whooooo’s hangin’ out at the stop sign closest to my house this morning.

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Steve Leben

@Judge_Leben

7 years

@bethwilensky Thank you for posting that link. Her statement is incredibly powerful, her experience disheartening. Her point about having some channel for law clerks to report misconduct and seek counsel about their duties is a very good one. 1/x

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Steve Leben

@Judge_Leben

4 years

Crim Law/Con Law/Public Defender folk: what’s your favorite example for a lay audience of why it’s important to protect constitutional rights through good defense lawyers for everyone charged with a crime?

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Steve Leben

@Judge_Leben

7 years

Toured the Negro Leagues Baseball Museum in KC last week, my first visit in over a decade. They do a great job now of telling the overlapping stories of race in America and baseball. I even learned of a KKK vs. all-black team game in Wichita in 1925. The museum is worth a visit.

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Steve Leben

@Judge_Leben

2 months

Of course, the best clerkships are in state courts, where no judge has a lifetime appointment by the President confirmed by the Senate. 😉

Sean Marotta

@smmarotta

2 months

@OrinKerr Only one person in chambers was nominated by the President and confirmed by the Senate, for better or worse.

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Steve Leben

@Judge_Leben

8 months

So . . . do you think all the law students in my 8:30 a.m. Monday class on legal ethics are up late studying tonight here in KC? 🤷🏻‍♂️ Should be a fun week at @UMKCLaw !

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Steve Leben

@Judge_Leben

2 years

@hannnahmmarie Although I realize this is tongue in cheek (at least as to the disbarment remedy!), for many in a nonacademic setting it's a matter of pricing. Lexis has long had better pricing for solo and small-firm folks; it was my reasonably priced lifeline in 5 years of solo practice.

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Steve Leben

@Judge_Leben

3 years

@courtneymilan I’ll be interested in your further thoughts on this when, as you put it, your brain comes back online. In the meantime, realize that we often put jurors in difficult, sometimes impossible, situations. This one will quite understandably have impacts on the jurors. 2/

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