Arguing a case in the presence of Justice Marshall McComb can be an unsettling experience. "He often keeps his eyes closed, and sometimes he walks out in the middle of an argument," says one attorney. "I can't tell when the man is asleep or when he is not," says another. "He doesn't give any indication he's heard what you've said."
McComb's idiosyncratic ways are perhaps understandable, since he is 82 years old. The problem is that he is one of seven judges on the California Supreme Court. Removing a judge is difficult, removing...
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