Timothy O'Toole commented on Ninth Circuit Judge Alex Kozinski's history of criminal justice reform advocacy. Kozinski's willingness not only to question the government, but to not put the prosecution on a pedestal differentiates him from many federal judges, O'Toole said, adding that Kozinski "has a really good memory about what happened before and not becoming distracted by a series of one-offs. He sees it more as a systemic problem than others." Other judges challenge prosecutorial misconduct and trumpet criminal justice reform, O'Toole said, however Kozinski goes out of his way to link individual occurrences and see them as a systemic problem.

This article was reprinted in The United States Law Week on December 15, 2015.