There Goes My Opportunity to Get Appointed to the Federal Bench

Writing for the AJA blog — and occasionally authoring commentaries for other online publications, like MinnPost (see http://www.minnpost.com/author/judge-kevin-s-burke) — is interesting. It gives you a chance to share ideas and perhaps influence others. But, there may be a downside.

In a column for NJ.com, Donald Scarinci suggests that any online perspectives offered by lawyers may come under scrutiny if they are ever nominated to a judgeship. Attorney Stephen Bough, nominated to serve as a federal judge in the Western District of Missouri, has been blogging since 2007. During his hearing before the Senate Judiciary Committee last month, Bough was questioned about some potentially damaging comments he made on his blog.

Sen. Chuck Grassley, R-Iowa, noted that Bough himself acknowledged in one of his posts that he may not be cut out for a judgeship. ‘One time you said something you might regret,’ Grassley joked with a smile. He then read a quote from the blog. ‘You and the 3 other folks who read this blog will agree I shouldn’t be a judge… ,’ Bough wrote in response to a reader.

 

Grassley went on to say, “I just wanted you to know in fairness that we’ll be taking a close look at your writings on that blog and I imagine some of my colleagues will as well.”

Scarinci says Bough’s experience “shouldn’t scare [lawyers] off or discourage them from offering their perspectives online.”

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