Another Pair of Pants

* Mike Peters, Dayton Daily News

As you pantingly await the verdict in the Dry Cleaners case, see Hell Hath No Fury, Marc Fisher of the Washington Post provides an update on the fate of Judge Pearson in Pants Update: Whither Judge Pearson? He notes:

With the verdict in the $54 million pants suit expected later this week, the calls are growing for the District government to explain why Roy Pearson is worthy of holding a position as administrative law judge.

Judge Pearson's judicial temperment is the issue that the Commission on Selection and Tenure of Administrative Law Judges must consider. Pearson's initial two-year term as a judge expired on April 30. But the commission considering whether to reappoint him to a full, 10-year term has punted on making that decision, so Pearson continued to draw his $100,512 salary while supposedly acting as an "attorney-advisor" to the Office of Administrative Hearings.

The delay in the confirmation decision is due to a request by the Mayor because of a vacancy in the 3 member Commission. A new appointment is expected soon. At that point:

The new member and the two sitting members of the panel, D.C. Superior Court Judge Robert Rigsby and Peter Willner of the Council on Court Excellence, will have to weigh Pearson's performance on the bench against his behavior in the pants case. They will have to decide whether it's even proper to consider how Pearson pressed the pants suit, given some belief in D.C. legal circles that Pearson's decision to exercise his constitutional right to sue is none of the commission's business. On the other hand, the rules governing administrative law judges clearly say that they shall "possess judicial temperament, expertise, experience, and analytical and other skills necessary and desirable for an Administrative Law Judge," and that they must "engage in no conduct inconsistent with the duties, responsibilities, and ethical obligations of an Administrative Law Judge," and that they must "conform to all legally applicable standards of conduct."

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What to do about Pearson is such a tricky question that it is apparently occupying the time and energy of much of the city's top rank of officials--the mayor's correspondence on the matter went out not only to the commission's members, but to Butler, general counsel Peter Nickles, and D.C. attorney general Linda Singer.

Sounds like they're worried that the Judge will definitely end up on one side or the other of the bench -- as Judge or litigant -- depending on what is decided. In the end, I think the only place this guy belongs is a park bench.

In another post on this subject, Fisher inquires whether the case may have racial overtones, related to the black/Korean tensions that exist in many urban communities. See D.C.'s Black-Korean Dynamic: A Simmering Tension. Fisher notes that once the race of ALJ Pearson was revealed at the time of the trial, coupled with the Korean background of the Chungs, the comments about the trial began to change from discussions of abuse of the legal system to that relating to Black/Korean relations. Reading some of the recent comments, the racists are certainly out in full force. That is really unfortunate.

As for me, I much prefer focusing on the zany antics of Judge Pearson. He's such a smarty pants.

Tags: Law, News, Humor