Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The photo ops alone make you wonder whether being a U.S. Supreme Court justice is worth the effort. Since arriving in San Francisco this week, Anthony Kennedy � the court’s current swing vote � and his predecessor in that position, the recently retired Sandra Day O’Connor, have been bustled from one public event to another. At a Monday reception in the downtown offices of Thelen Reid & Priest, Kennedy was posed next to the new plaque marking his eponymous conference room before he ventured into a semi-private interview with a reporter from the Associated Press. That was a relatively uncomfortable sitdown, since Kennedy apparently had thought it would focus more on his love of San Francisco than his jurisprudence. “I really didn’t expect that the interview was going to be like this,” he told his interviewer. The dialogue also was both photographed and videotaped. The media events didn’t let up Tuesday, either: the Lawyers’ Club of San Francisco hosted a black-tie dinner for Kennedy, the principal occasion of his visit. O’Connor had reason to be hopeful with her first public engagement Tuesday night, since her rather zealous hosts � the right-leaning business lobbying group Lead 21 � was stopping journalists at the velvet rope with considerable verve. Lead 21 Executive Director Daniel Trimble invoked the presence of U.S. Marshals while giving one reporter the boot. Alas, the next morning O’Connor got her due: After she spent three hours listening to oral arguments as a stand-in member of a three-judge Ninth Circuit panel, a court staffer announced O’Connor and the other panelists, Ninth Circuit Judges Richard Tallman and Susan Graber, would sit for photos � taken by the Ninth Circuit’s spokesman, Dave Madden. Down to business O’Connor, particularly, is in town for more than the photos � she came to sit by designation on the Ninth Circuit on Wednesday and Friday. “Helping us with our enormous docket,” as Graber put it, brought O’Connor a rather typical cross section of the Ninth’s caseload. Among the four cases were arguments in a habeas corpus case, an insurance dispute and a suit over how the U.S. Forest Service would assert jurisdiction over a road in rural Alpine County. The kicker, though, was the last argument she heard: an appeal stemming from the prosecution of Pavlo Lazarenko, the former Ukrainian prime minister sentenced in August to nine years in federal prison for money laundering, fraud and extortion. At issue is the sum of several million dollars � the exact amount is unclear, but it’s only a small portion of the $100 million or so Lazarenko stashed around the world � in an Antiguan bank that, the government says, was owned almost entirely by Lazarenko and an associate. While Antigua’s government appointed liquidators to assemble the bank’s assets, the U.S. government last year seized the cash, creating a dispute between nations. “This is a fight between two sovereigns, the U.S. and Antigua, about who gets to distribute Lazarenko’s money,” Rory Little, the McDermott, Will & Emery counsel � and Hastings College of the Law professor � argued for the liquidators. He asked the panel to either give his clients control of the money or order U.S. District Judge Martin Jenkins, who let the U.S. seize the money, to hold a hearing on the issue, which he has not done so far. O’Connor was silent through all of Little’s initial argument as well as that of Hartley West, the assistant San Francisco U.S. attorney, while Tallman and Graber actively questioned the lawyers. During Little’s rebuttal, Graber suggested his client might have done better to seek a timely resolution in trial court rather than pursuing an appeal. “If you weren’t up here, you’d be down there, and it would be done promptly,” she said. “That’s not true,” Little replied, his already animated demeanor gaining a decibel or two as he argued that the trial court would hold up the money for another 18 months. “There’s no speed here,” he said. It was during Little’s rebuttal that O’Connor spoke up. And her question was a fitting one: on whether there should be a separate hearing, she asked, “has that issue ever gone to the Supreme Court?” Man about town While O’Connor was considering such heady material, Kennedy had a comparable vacation. On Tuesday night he received the Lawyers’ Club of San Francisco’s Legends of the Law award at the Palace Hotel, where he spoke to a tuxedoed and evening-gowned crowd of about 400, many of them from the 29 law firms that had shelled out $2,300 for a table at the event. They got the pleasure of meeting the affable justice and hearing him talk about the years he spent as a San Francisco lawyer. Light anecdotes descended into a weightier discussion of historical legal culture. Kennedy spoke about the assassination of President John F. Kennedy, when, he said, lawyers sought refuge in the idealism of the law and in the “respect and affections” of their colleagues in the bar. That went over well with Thelen associate Patrick Ryan, the president of the Lawyers’ Club and chief orchestrator of the event. It had “the right balance of humor, emotion and philosophy,” he said. Reporter Petra Pasternak ([email protected]) contributed to this story.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.