Unused and Probably Unusable

Judge Walton allowed 12 law prawfs to submit a brief. Routine, even in a high-profile case like the one against convicted felon Scooter Libby? (His conviction isn't final yet, and the question of bail remains unresolved, despite the sentence of 30 months; also, there's this appeal, apparently involving the jurisdiction of the prosecutors.)

But, in the one-page order, available online thanks to Howard Bashman, also see the post at White Collar Crime Prof Blog, "Did the Prosecutor Have Jurisdiction in the Libby Case," there's a fascinating paragraph-long footnote.

In the course of allowing briefing on the issue of jurisdiction, U.S. District Judge Reggie B. Walton drops this startling (to me) statement:

1 It is an impressive show of public service when twelve prominent and distinguished current and former law professors of well-respected schools are able to amass their collective wisdom in the course of only several days to provide their legal expertise to the Court on behalf of a criminal defendant. The Court trusts that this is a reflection of these eminent academics' willingness in the future to step to the plate and provide like assistance in cases involving any of the numerous litigants, both in this Court and throughout the courts of our nation, who lack the financial means to fully and properly articulate the merits of their legal positions even in instances where failure to do so could result in monetary penalties, incarceration, or worse. The Court will certainly not hesitate to call for such assistance from these luminaries, as necessary in the interests of justice and equity, whenever similar questions arise in the cases that come before it.

Order available here.

What a neat, neat thing to do. Well played, Your Honor. Well played.