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National Law Journal: In Defense of a Judge

New York partner William Kuntz, II, co-authored an article which appeared in the "Opinion" section of the November 24, 2008, edition of the National Law Journal titled, "In Defense of a Judge."

The article was in response to an October 27, 2008, "Opinion" article in which the Dean of the University of California, Irvine School of Law, Erwin Chemerinsky, criticized Dennis Jacobs, the chief judge of the 2d U.S. Circuit Court of Appeals, for reportedly ridiculing lawyers who do pro bono work.

According to Kuntz and co-author Gerald Walpin, "Chemerinsky's attack on Chief Judge Dennis Jacobs . . . epitomizes what a lawyer should not do. Federal judges are normally inhibited from defending themselves against personal attacks because, as judges, they are expected to refrain from media give and take. Thus, Chemerinsky must have known that Jacobs was effectively foreclosed from joining him in the mud-soaked trenches to meaningfully respond. To make it worse, Chemerinsky, supposedly commenting on a speech given by Jacobs, totally misrepresented what Jacobs in fact said."

The authors continue: "So why the attack on Jacobs by this dean? Because Jacobs dared to have the open mind to ask the legal profession—lawyers and judges—to 'consider dispassionately whether' all pro bono activities today really are 'pro bono publico'— in the public interest. And he answered, 'sometimes yes, and sometimes no.'"

Kuntz and Walpin conclude: "Judges and lawyers who raise questions as to the value of what others accept as beyond question should be applauded. It is irrelevant whether we would agree with Jacobs as to where to draw the line between good and bad pro bono representations. But we do know that Jacobs' opening this subject can only enhance the quality of the legal profession—unless one is totally closed-minded to any thought contrary to that person's current view."