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Middlesex County Ethics Committee V. Garden State Bar Association (1981)

 

Document 1

From: Warren E. Burger
To: Conference
Copied: None
On: May 26th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 2

From: Byron R. White
To: Warren E. Burger
Copied: Conference
On: May 27th, 1982
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 3

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: May 27th, 1982
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 4

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: May 28th, 1982
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 5

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 2nd, 1982
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 6

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: None
On: June 4th, 1982
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 7

From: William H. Rehnquist
To: Warren E. Burger
Copied: Conference
On: June 4th, 1982
Action: Disagree with Another Justice's Suggestion
Memo states that the justice disagrees with another justice's suggestion to the majority opinion author. The identity of the justice whose suggestion is countered is located in the JOINED variable.

Document 8

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: None
On: June 4th, 1982
Action: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion

Document 9

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 4th, 1982
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 10

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: None
On: June 7th, 1982
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 11

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: June 11th, 1982
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 12

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: June 11th, 1982
Action: Withdraw Join of Majority Opinion
This includes withdrawing joins of a per curiam opinion written by the assigned opinion author and withdrawing joins of part of a majority opinion
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 13

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: June 11th, 1982
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 14

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 11th, 1982
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 15

From: Warren E. Burger
To: Conference
Copied: None
On: June 11th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: John Paul Stevens
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1982
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 17

From: William J. Brennan, Jr.
To: Thurgood Marshall
Copied: Conference
On: June 14th, 1982
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 18

From: Thurgood Marshall
To: Conference
Copied: None
On: June 14th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 19

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: June 14th, 1982
Action: Withdraw Join of Majority Opinion
This includes withdrawing joins of a per curiam opinion written by the assigned opinion author and withdrawing joins of part of a majority opinion
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated

Document 20

From: Warren E. Burger
To: Conference
Copied: None
On: June 14th, 1982
Action: Majority Opinion
This refers to a majority opinion draft

Document 21

From: Harry A. Blackmun
To: Thurgood Marshall
Copied: Conference
On: June 15th, 1982
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 22

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 15th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 23

From: Thurgood Marshall
To: Conference
Copied: None
On: June 15th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 24

From: Thurgood Marshall
To: Conference
Copied: None
On: June 17th, 1982
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 25

From: Warren E. Burger
To: Conference
Copied: None
On: June 23rd, 1982
Action: Proposes Disposition of Held Cases
Memo lists cases held for an opinion and gives cert votes or votes on the merits for the held cases; justice may state that held cases should be discussed at conference