Judges Are Fading Away; The Bench Has Lost Its Appeal.

PITTSBURGH (AP) - U.S. District Judge Robert Cindrich has a lifetime job and could have retired in less than six years with full pay - though not a pension - of more than $155,000 a year.
But on Feb. 2, the 60-year-old jurist launched a new career as chief legal counsel with a hospital network, joining a record number of federal judges who observers say are retiring or resigning because of lagging pay and stringent guidelines that take away most of their discretion in criminal sentencings.
"We're losing more every year. (Those are) two principal reasons as I see it - and they apply to me, too," Cindrich said.
There are 877 federal judge positions that are lifetime appointments, from the Supreme Court on down to district courts, and 45 of those seats are vacant, according to the Administrative Office of U.S. Courts. Although a Senate logjam that has kept President Bush from getting his judicial appointees confirmed gets the headlines, observers say a more pressing long-term concern is the rate at which judges are leaving.
From 1991 through February 2002, more than 60 judges either retired or resigned to go into private practice, said Karen Redmond, spokeswoman for the U.S. Courts office, which studied the matter two years ago. Since then, another 10 federal judges have left the bench - compared to just five judges who resigned or retired during the entire decade of the 1960s, Redmond said.
A commission chaired by former Federal Reserve Chairman Paul Volcker two years ago strongly urged Congress to boost the pay of federal judges, but a resulting bill that would have raised those salaries by 16.5 percent was defeated last session.
The two largest groups of federal judges - district and circuit court judges - annually make $154,700 and $164,000, respectively. The deans at top U.S. law schools earn more than $300,000, while law professors at those schools make more than $209,000, according to a study cited by the Volcker Commission.
Joe Kendall left his U.S. District Court job in Texas when he was 47 after 10 years on bench. He told The Third Branch, the newsletter for the federal courts system, that with two soon-to-be college-aged children, he couldn't afford not to sell his skills to the private sector.
"If federal judges were paid what an average partner in an average law firm in an average city was paid," Kendall said, "I'd still be on the bench."
Cindrich earned $133,600 when he was appointed in 1994. His $154,700 salary - which has been adjusted for cost of living just five out of his nine years on the bench - is worth about $11,000 less in real dollars today.
"Judges are supposed to be relatively smart people so it doesn't take us long to figure out, 'I'm going backward,'" Cindrich said. Added to that are hidden costs.
Federal judges don't get a pension. They can retire after age 65 once they have at least 15 years' service or take senior status and continue to work as long as they carry a caseload equal to 25 percent of those carried by judges on their court. Either way, they continue to receive full pay - but because it's not a pension, their dependents lose that income when the judge dies.
"That's one of the reasons a lot of us leave the bench," Cindrich said. "You compensate for it by buying a lot of life insurance."
Although Cindrich says the job is deeply satisfying, the changing face of federal law is taking its toll on that, too.
Developed in 1986, federal sentencing guidelines were designed so defendants in different areas of the country received similar sentences for similar crimes. But, combined with mandatory minimum sentences heralded as the solution to the "war on drugs," the guidelines too often result in lengthy sentences for what Cindrich calls "street criminals ... not the big drug runner flying in on jets from South America."
"When the law provides a result that is repugnant, we must still follow the law," Cindrich said. "And you can only do that so many times before you start to wonder, 'How many more times am I going to put my name on this sentence that I don't believe in?'

Judge London Steverson
London Eugene Livingston Steverson (born March 13, 1947) was one of the first two African Americans to graduate from the United States Coast Guard Academy in 1968. Later, as chief of the newly formed Minority Recruiting Section of the United States Coast Guard (USCG), he was charged with desegregating the Coast Guard Academy by recruiting minority candidates. He retired from the Coast Guard in 1988 and in 1990 was appointed to the bench as a Federal Administrative Law Judge with the Office of Hearings and Appeals, Social Security Administration.

Early Life and Education
Steverson was born and raised in Millington, Tennessee, the oldest of three children of Jerome and Ruby Steverson. At the age of 5 he was enrolled in the E. A. Harrold elementary school in a segregated school system. He later attended the all black Woodstock High School in Memphis, Tennessee, graduating valedictorian.
A Presidential Executive Order issued by President Truman had desegregated the armed forces in 1948,[1] but the service academies were lagging in officer recruiting. President Kennedy specifically challenged the United States Coast Guard Academy to tender appointments to Black high school students. London Steverson was one of the Black student to be offered such an appointment, and when he accepted the opportunity to be part of the class of 1968, he became the second African American to enter the previously all-white military academy. On June 4, 1968 Steverson graduated from the Coast Guard Academy with a BS degree in Engineering and a commission as an ensign in the U.S. Coast Guard.
In 1974, while still a member of the Coast Guard, Steverson entered The National Law Center of The George Washington University and graduated in 1977 with a Juris Doctor of Laws Degree.

USCG Assignments.
Steverson's first duty assignment out of the Academy was in Antarctic research logistical support. In July 1968 he reported aboard the Coast Guard Cutter (CGC) Glacier [2] (WAGB-4), an icebreaker operating under the control of the U.S. Navy, and served as a deck watch officer and head of the Marine Science Department. He traveled to Antarctica during two patrols from July 1968 to August 1969, supporting the research operations of the National Science Foundation's Antarctic Research Project in and around McMurdo Station. During the 1969 patrol the CGC Glacier responded to an international distress call from the Argentine icebreaker General SanMartin, which they freed.
He received another military assignment from 1970 to 1972 in Juneau, Alaska as a Search and Rescue Officer. Before being certified as an Operations Duty Officer, it was necessary to become thoroughly familiar with the geography and topography of the Alaskan remote sites. Along with his office mate, Ltjg Herbert Claiborne "Bertie" Pell, the son of Rhode Island Senator Claiborne Pell, Steverson was sent on a familiarization tour of Coast Guard, Navy and Air Force bases. The bases visited were Base Kodiak, Base Adak Island, and Attu Island, in the Aleutian Islands.[3]
Steverson was the Duty Officer on September 4, 1971 when an emergency call was received that an Alaska Airlines Boeing 727 airline passenger plane was overdue at Juneau airport. This was a Saturday and the weather was foggy with drizzling rain. Visibility was less than one-quarter mile. The 727 was en route to Seattle, Washington from Anchorage, Alaska with a scheduled stop in Juneau. There were 109 people on board and there were no survivors. Steverson received the initial alert message and began the coordination of the search and rescue effort. In a matter of hours the wreckage from the plane, with no survivors, was located on the side of a mountain about five miles from the airport. For several weeks the body parts were collected and reassembled in a staging area in the National Guard Armory only a few blocks from the Search and Rescue Center where Steverson first received the distress broadcast.[4]. Later a full investigation with the National Transportation Safety Board determined that the cause of the accident was equipment failure.[5]
Another noteworthy item is Steverson's involvement as an Operations Officer during the seizure of two Russian fishing vessels, the Kolevan and the Lamut for violating an international agreement prohibiting foreign vessels from fishing in United States territorial waters. The initial attempts at seizing the Russian vessels almost precipitated an international incident when the Russian vessels refused to proceed to a U. S. port, and instead sailed toward the Kamchatka Peninsula. Russian MIG fighter planes were scrambled, as well as American fighter planes from Elmendorf Air Force Base before the Russian vessels changed course and steamed back

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Law Suit To Stop Swine Flu Mandatory Vaccination

New York medical staff took legal action Thursday 15 Oct to halt a massive swine flu inoculation program being rolled out across the United States, claiming the vaccines have not been properly tested.

Lawyers for the group filed a temporary restraining order (TRO) in a Washington federal court against government medical regulators they claim rushed H1N1 vaccines to the public without adequately testing their safety and efficacy.

"None of the vaccines against H1N1 have been properly tested," attorney Jim Turner, one of half a dozen lawyers working on the case.

The class action suit was brought on behalf of a group of doctors, nurses and other medical personnel in New York, where health care professionals who see patients are required to be vaccinated against H1N1, Turner said.

If the complaint is upheld, it would stop the roll-out of the H1N1 vaccine nationwide, said Turner, who accused public health officials of hyping the swine flu outbreak but failing to back up their stance with adequate testing of the vaccine.

"Officials have said the virus is so much like the ordinary flu virus that they don't need to do special new drug testing on it because it's just the same old virus with a minor change to it," said Turner.

"We're saying, if that's the case, then all the hype about this thing being a worldwide threat is misplaced and they've stampeded the state of New York into taking an action they never would have taken if it were just another flu."



Last week, some 2.4 million doses of nasal spray vaccine made of greatly weakened, but live, H1N1 virus were delivered to state and local health authorities around the United States.

This week, even larger stocks of injectable vaccine were delivered and administered to people in groups deemed to be at particular risk from swine flu, including children and health care professionals.

US public health officials want to vaccinate tens of millions of Americans by year's end against swine flu, which has claimed more than 4,500 lives worldwide since an outbreak of H1N1 was first reported in Mexico in April.

WASHINGTON REDSKIN'S CHEERLEADING HOPEFUL DEVELOPS NEUROLOGICAL PROBLEMS AFETR FLU SHOT.
ASHBURN, Va.(10/14/2009) -- Desiree Jennings thought it would be a good idea to get the seasonal flu shot. Her job offered incentives for it, and she didn't want to get sick.


Ten days after she got the shot at a Reston Safeway, she did get sick.

"I got flu-like symptoms -- nausea, vomiting, body aches, fever -- then was lethargic for a week and started blacking out," said Jennings, an AOL employee and Washington Redskins ambassador hoping to one day be a cheerleader for the team, the Loudoun Times-Mirror reported.

Doctors couldn't figure out why her ability to speak and walk were so adversely affected. She saw neurologists, physical therapists and psychologists.

Finally, doctors at Johns Hopkins figured it out, diagnosing dystonia, a rare neurological condition with no cure brought on by infections, brain trauma or, as is believed in her case, reaction to medication. It causes body jerks and abnormal or repetitive movements.

"A simple conversation with two people -- you and I could converse on the couch, and if the phone were to ring it would send her into a violent convulsion," said her husband, Brendan Jennings.

Strangely enough -- as she can't walk forward five feet without stumbling -- with some effort, she can perform one of her life's passions: running. And she walks backward with ease -- oddly empowering, now. After her ordeal began, "My insurance wasn't going to pay for another hospital visit. Matter of fact, they called us as we were driving to Johns Hopkins not to offer a specialist but instead to offer a hospital bed and a wheelchair for our house. I told them I wanted to know what was happening to me and that I didn't want to be in a wheelchair."

Her reaction is one in a million, doctors said.

"I would've much rather won the lottery and bought that ticket instead of gotten the flu shot if I knew that risk existed," she said.

Know the Difference between Cold and H1N1 Flu Symptoms


Fever

Fever is rare with a cold.

Fever is usually present with the flu in up to 80% of all flu cases. A temperature of 100°F or higher for 3 to 4 days is associated with the flu.

Coughing

A hacking, productive (mucus- producing) cough is often present with a cold.

A non-productive (non-mucus producing) cough is usually present with the flu (sometimes referred to as dry cough).

Aches

Slight body aches and pains can be part of a cold.

Severe aches and pains are common with the flu.

Stuffy Nose

Stuffy nose is commonly present with a cold and typically resolves spontaneously within a week.

Stuffy nose is not commonly present with the flu.

Chills

Chills are uncommon with a cold.

60% of people who have the flu experience chills.

Tiredness

Tiredness is fairly mild with a cold.

Tiredness is moderate to severe with the flu.

Sneezing

Sneezing is commonly present with a cold.

Sneezing is not common with the flu.

Sudden Symptoms

Cold symptoms tend to develop over a few days.

The flu has a rapid onset within 3-6 hours. The flu hits hard and includes sudden symptoms like high fever, aches and pains.

Headache

A headache is fairly uncommon with a cold.

A headache is very common with the flu, present in 80% of flu cases.

Sore Throat

Sore throat is commonly present with a cold.

Sore throat is not commonly present with the flu.

Chest Discomfort

Chest discomfort is mild to moderate with a cold.

Chest discomfort is often severe with the flu.



Swine Flu Prevention
Prevent Swine Flu - Good Advice

Neti pots and sinus rinse kits are available at the drug store and relatively inexpensive….under $15.

Dr. Vinay Goyal is an MBBS,DRM,DNB (Intensivist and Thyroid specialist) having clinical experience of over 20 years. He has worked in institutions like Hinduja Hospital , Bombay Hospital , SaifeeHospital , Tata Memorial etc. Presently, he is heading our Nuclear Medicine Department and Thyroid clinic at Riddhivinayak Cardiac and Critical Centre, Malad (W).

The following message given by him, I feel makes a lot of sense and is important for all to know

The only portals of entry are the nostrils and mouth/throat. In a global epidemic of this nature, it's almost impossible to avoid coming into contact with H1N1 in spite of all precautions. Contact with H1N1 is not so much of a problem as proliferation is.

While you are still healthy and not showing any symptoms of H1N1 infection, in order to prevent proliferation, aggravation of symptoms and development of secondary infections, some very simple steps, not fully highlighted in most official communications, can be practiced (instead of focusing on how to stock N95 or Tamiflu):

1. Frequent hand-washing (well highlighted in all official communications).

2. "Hands-off-the-face" approach. Resist all temptations to touch any part of face (unless you want to eat, bathe or slap).

3. *Gargle twice a day with warm salt water (use Listerine if you don't trust salt)... *H1N1 takes 2-3 days after initial infection in the throat/ nasal cavity to proliferate and show characteristic symptoms. Simple gargling prevents proliferation. In a way, gargling with salt water has the same effect on a healthy individual that Tamiflu has on an infected o ne. Don't underestimate this simple, inexpensive and powerful preventative method.

4. Similar to 3 above, *clean your nostrils at least once every day with warm salt water. *Not everybody may be good at Jala Neti or Sutra Neti (very good Yoga asanas to clean nasal cavities), but *blowing the nose hard once a day and swabbing both nostrils with cotton buds dipped in warm salt water is very effective in bringing down viral population.*


5. *Boost your natural immunity with foods that are rich in Vitamin C (Amla and other citrus fruits). *If you have to supplement with Vitamin C tablets, make sure that it also has Zinc to boost absorption.

6. *Drink as much of warm liquids (tea, coffee, etc) as you can. *Drinking warm liquids has the same effect as gargling, but in the reverse direction. They wash off proliferating viruses from the throat into the stomach where they cannot survive, proliferate or do any harm.

Mixed Race Couple Denied Marriage License in NOLA.

NEW ORLEANS – A Louisiana justice of the peace said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have. Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long.


"I'm not a racist. I just don't believe in mixing the races that way," Bardwell told the Associated Press on Thursday. "I have piles and piles of black friends. They come to my home, I marry them, they use my bathroom. I treat them just like everyone else."

Bardwell said he asks everyone who calls about marriage if they are a mixed race couple. If they are, he does not marry them, he said.

Bardwell said he has discussed the topic with blacks and whites, along with witnessing some interracial marriages. He came to the conclusion that most of black society does not readily accept offspring of such relationships, and neither does white society, he said.

"There is a problem with both groups accepting a child from such a marriage," Bardwell said. "I think those children suffer and I won't help put them through it."

If he did an interracial marriage for one couple, he must do the same for all, he said.

"I try to treat everyone equally," he said.

Bardwell estimates that he has refused to marry about four couples during his career, all in the past 2 1/2 years.

Beth Humphrey, 30, and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.

Humphrey, an account manager for a marketing firm, said she and McKay, a welder, just returned to Louisiana. She plans to enroll in the University of New Orleans to pursue a masters degree in minority politics.

"That was one thing that made this so unbelievable," she said. "It's not something you expect in this day and age."

Humphrey said she called Bardwell on Oct. 6 to inquire about getting a marriage license signed. She says Bardwell's wife told her that Bardwell will not sign marriage licenses for interracial couples. Bardwell suggested the couple go to another justice of the peace in the parish who agreed to marry them.

"We are looking forward to having children," Humphrey said. "And all our friends and co-workers have been very supportive. Except for this, we're typical happy newlyweds."

"It is really astonishing and disappointing to see this come up in 2009," said American Civil Liberties Union of Louisiana attorney Katie Schwartzmann. "The Supreme Court ruled as far back as 1963 that the government cannot tell people who they can and cannot marry." (Loving v Virginia)

The ACLU sent a letter to the Louisiana Judiciary Committee, which oversees the state justices of the peace, asking them to investigate Bardwell and recommending "the most severe sanctions available, because such blatant bigotry poses a substantial threat of serious harm to the administration of justice."

"He knew he was breaking the law, but continued to do it," Schwartzmann said.

According to the clerk of court's office, application for a marriage license must be made three days before the ceremony because there is a 72-hour waiting period. The applicants are asked if they have previously been married. If so, they must show how the marriage ended, such as divorce.

Other than that, all they need is a birth certificate and Social Security card.

The license fee is $35, and the license must be signed by a Louisiana minister, justice of the peace or judge. The original is returned to the clerk's office.

"I've been a justice of the peace for 34 years and I don't think I've mistreated anybody," Bardwell said. "I've made some mistakes, but you have too. I didn't tell this couple they couldn't get married. I just told them I wouldn't do it."