Pronouncing Dictionary of the Supreme Court of the United States

In the current issue of The Green Bag is a promising new resource: The Pronouncing Dictionary of the Supreme Court of the United States

Here’s the gist:

Drawing on a wide network of sources, including textbooks, usage or accounts or recordings by litigants or counsel, pronunciation guides, and daily journalism, we have undertaken to identify those cases decided by the Supreme Court of the United States that are most susceptible to mispronunciation and to determine the proper pronunciation.

HT to Eugene Volokh of The Volokh Conspiracy.

And the Nominees Are … Judge Nation, Judge Rush, and Geoffrey Slaughter

Around 7:30 last night, the Indiana Judicial Nominating Commission announced it will soon nominate Tippecanoe Superior Judge Loretta Rush, Hamilton Superior Judge Steve Nation, and Taft lawyer Geoffrey Slaughter to replace Justice Sullivan.

Rudy Pyle to replace Judge Darden on Indiana Court of Appeals

Governor Daniels announced this morning that Judge Rudolph Pyle will replace Judge Carr Darden on the Indiana Court of Appeals, according to the Indiana Lawyer.

Divided Michigan Supreme Court Considers What 14-point Type Means

Pardon me, but I can’t help stepping out of Indiana to give a little summary of our neighbor to the north’s fascinating study of typography. The question is whether a referendum petition met the requirement that the petition’s heading be PRINTED IN CAPITAL LETTERS IN 14-POINT BOLDFACE TYPE. The petitioners maintained that they used 14-point Calibri from Microsoft software.

I love typography, and I think the fact that the court stepped right into the middle of such a technical dispute is simply captivating. You might even say it appeals to me.

Chief Justice Mary Beth Kelly writes, “This appeal concerns a big constitutional issue, even though its focus is something as small as 14/72 of an inch. … We disagree with this interpretation and conclude that the type must measure 14 points, not the resulting printed letters. This is because the technical definition of “point” specifically denotes that point measures type size, which is the entire vertical length of the printer’s block. As explained, the technical meanings of “point” and “type” necessarily incorporate some amount of blank space so that the capital letters in 14-point type do not necessarily measure 14/72 of an inch. … because digital type and physical type are functional equivalents, they are measured in the same manner except in the instance of digital type; in that instance an invisible box, which replicates the printer’s block, is measured and is reflected by the font size selected.”

Chief Justice Kelly’s statements about whether the type size actually complied with the statute were not joined by another justice, but her conclusion that the type-size applies to the “type” not the “letters” (meaning a 14-point letter does not necessarily have to be 14/72 inches tall) was joined by two others (still a minority in Michigan’s seven-member court). A majority found that the submitted petition was sufficient—though for differing reasons—and should be certified.

Two justices (Young and Zahra) dissented from the author’s conclusions about whether the font complied, stating, “we do not believe that the evidence available to us is sufficiently clear for this Court to take judicial notice that Microsoft’s digital fonts replicate the point measure that the Legislature intended. Because digital fonts do not use physical printer’s blocks, it is not self-evident that the system of digital fonts accurately replicates the movable type point system. Plaintiff’s Calibri heading may well actually comply with the statutory 14-point type requirement. However, simply choosing a digital “size 14” font does not prove that it is equivalent to the 14-point type standard that the Legislature required when it enacted MCL 168.482. … If plaintiff can show that the digitized font system it used accurately replicates a 14-point sized type that the point system would have generated, then it would be entitled to have its petition certified as sufficient. … Because plaintiff has not proven the connection between its “size 14” font and the statutorily required 14-point type size, we do not believe that it is entitled to mandamus.”

Interestingly, the separate opinion includes a diagram of a printer’s block.

Three more justices (Cavanagh, Kelly, and Hathaway) concurred in the ultimate result but because they reasoned the font substantially complied with the statute.

Justice Stephen Markman dissented from the majority author’s conclusion that “type” meant the block rather than the letter as printed.

All told, there are sixty-two pages to the various opinions.

HT to Matthew Butterick, author of Typography for Lawyers (a must-have for every lawyer)

Ten Named as Semifinalists for Supreme Court Justice #108

Today the Judicial Nominating Commission named the following applicants as semifinalists to replace Justice Sullivan and become the 108th Hoosier to serve on the Indiana Supreme Court.

1.  Judge Cale Bradford, Indiana Court of Appeals
2. Judge Frances M. Gull, Allen Superior Court
3. Erin Reilly Lewis, IU Health
4. Ms. Andrielle M. Metzel, Benesch Friedlander Coplan & Aronoff
5. Judge Steven R. Nation, Hamilton Superior Court
6. Judge Loretta H. Rush, Tippecanoe Superior Court
7. Geoffrey Slaughter, Taft Stettinius & Hollister
8. Judge Marianne L. Vorhees, Delaware Circuit Court
9. Judge Mary G. Willis, Henry Circuit Court
10. John P. Young, Young & Young

The Commission will meet with the semifinalists for a second round of interviews on August 8 and 9.

Justice Rucker to stand for retention

The Indiana Lawyer is reporting that Justice Rucker filed for retention today. This ends speculation (as recently as yesterday) that he would give Governor Daniels a fourth appointment to the Supreme Court. Governor Daniels appointed Justice David, Justice Massa, and will select the justice to replace Justice Sullivan later this summer.

Court of Appeals semifinalists

Here are the Court of Appeals semifinalists (five from a field of fourteen):

·        Abigail Lawlis Kuzma

·        Patricia Caress McMath

·        Hon. Rudolph R. Pyle, III

·        Joel M. Schumm

·        Hon. Robert R. Altice, Jr.

The second-round interviews are June 4–5. This is to replace Judge Darden, who has a mandatory retirement over the summer. You can find details from each interview here.