A judge cannot sanction a lawyer by taking “judicial notice” of the fact that he made misrepresentations to the judge’s law clerk, but instead must allow for the law clerk to be cross-examined, a federal appeals court has ruled.
In LaSalle National Bank v. First Connecticut Holding Group, a unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals overturned sanctions imposed by U.S. District Judge Faith S. Hochberg on two lawyers — Philip S. Rosen and Stephen F. Ellman, both of Zeichner Ellman & Krause — and ordered that a new judge be appointed to reconsider whether any sanctions are in order.
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