Notes

Looks like Judge Wanger is a little annoyed (PDF) by Mayor Alan Autry. Here’s the juicy part of his order to show cause:

[O]n June 6, 2008, the Mayor of the City of Fresno, Alan Autry, issued the following public statement:

The City of Fresno will comply with the Court’s order and look forward to continuing our ten year plan to end chronic homelessness. However, this white collar exploitation of the homeless by the court and the lawyers is unconscionable. I am calling upon the ACLU and Judge Wanger to require half of the exorbitant lawyer fees of $750,000.00 to be donated to homeless programs.

Previous public statements by City Officials, including City Councilmember Mike Dages, were to the effect that “Councilmember Dages did not like the settlement.”

“Exploitation” means “unethical utilization for selfish purposes.” The word “exploit” means “to use selfishly for one’s own ends.” The term exploitation is defined as “use or utilization esp. for profit; selfish utilization.” Webster’s Unabridged Dictionary 2d ed. (1999) p. 682. “Exploit” means “to make unethical use of for one’s own advantage or profit; turn selfishly or unfairly to one’s own account; hence.” Webster’s New World Dictionary of the American Language (College Ed. 1957).

The Mayor and City Councilmember statements have wrongfully suggested that the Court has “ordered” a settlement and the Court has exploited the homeless.

. . .

The assigned Judge had no role in the settlement before it was presented in open court for preliminary approval. It is the parties who reached settlement agreements[.]

. . .

Individual Defendant, Alan Autry, shall, on June 10, 2008, provide evidence as to any basis in fact or in law to support his statement that the Court has exploited the homeless.

Yeah, it’s generally not a good idea to say that a federal judge has exploited the homeless. Especially when you’re party to a lawsuit in his court.