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Thursday, August 25, 2005
A case of wedgiecide if I ever saw one
I am sure that appears in the Code of Hammurabi somewhere.
(Be sure to read down to the "News of the Weird" part about Least Justifiable Homicides)
Thu, August 25, 2005 | link
Tuesday, August 23, 2005
Take my land, please
Tue, August 23, 2005 | link
Monday, August 22, 2005
Mo' money, mo' money, mo' money
Are North Carolina judges really getting ready to abandon the bench for the greener pastures of private practice?
The chief justice said judicial salaries are "alarmingly" below those of other lawyers in an article published in the News & Record and other papers in the state. According to that story median salary for an attorney with 10 years experience in a medium
size law firm is $229,399, which dwarfs the salary of the chief justice (the highest-paid judge in the
court system) who makes $121,391.
The salary figure for the 10-year medium-sized firm sounds somewhat high to me. It suggests that an attorney with
10 years of experience would not have much trouble finding a job that pays $299, 399 and that is probably not the case.
The mean annual wage for attorneys in North Carolina is $97,600 (according to the Bureau of Labor Statistics). That means the chief justice makes 24% more than the average attorney. The mean annual wage for all full-time
occupations in North Carolina is $33,960. That means the chief justice makes 3.57 times what the average North Carolina
person earns.
The chief justice makes a good case for an overhaul of judicial salaries and the recommendation that the chief justice's
salary should be increased to $155,000 sounds reasonable to me. I think it is a myth to suggest that most state judges
are losing out on big salaries in the private sector by serving as judges or that they make far less than most of the
attorneys who appear before them. There are a lot of advantages to being a judge and most judges I know want to stay.
Quite a few trial judges in N.C. worked for the government (many as prosecutors) before getting on the bench There is
a fallacy in suggesting that government employed lawyers are missing out on big-time private sector income. Many are
probably happy not to have to chase clients or worry about overhead. The relevant market for determining the value of
a lawyer (or judge) is not the heavy hitters making almost $300k, but the more typical earnings of lawyers across the spectrum.
Mon, August 22, 2005 | link
Wednesday, August 17, 2005
Backbenching
Today I was watching another lawyer arguing a motion to dismiss in a criminal case involving a violation of a restraining
order. The judge stopped the defense attorney in mid argument and said, "I don't know anything about those kind of orders
and I'm too old to learn." He then continued to motion for another judge to rule on.
Wed, August 17, 2005 | link
Tuesday, August 16, 2005
This court session was brought to you by the letters O and K
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From State v. Wright, a recent appellate opinion:
Defendant cites several incidents in which he argues the trial judge's extraneous comments to his counsel
were improper and deprived him of a fair and impartial trial. The following took place in front of the jury:
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Defense counsel:
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Okay |
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Court: |
Excuse me, what did you just say? Excuse me. I asked you a question. What did you just say? |
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Defense counsel:
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I said okay, Your Honor, under my breath. |
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Court: |
Well, if it was under your breath, why was I able to hear it, and also the Court Reporter. I don't know
what to do, Mr. Thompson. I have done everything I can possibly do, except endyour cross examination. We're not moving along.
Whatever you need to do, as I have now told you three times, whatever you need to do to help yourself not do that, do it.
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When defense counsel began to formulate a question in front of the jury, the trial judge interrupted him,
and the following conversation transpired:
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Defense counsel:
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Yes, Your Honor. |
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Court: |
This is the way a question would go. For example: Isn't it true that you asked her what clothes: Did you
take off? What were you wearing on Friday? You are just reading the question, and it's a statement. And there's no question
for the Sergeant to answer. |
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Defense counsel:
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I apologize, Your Honor. I thought the inflection. |
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Court: |
I don't think I asked you for any explanation. I don't think I desire to hear any. Just try and do it right
and move along.
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*** |
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Court: |
She's already indicated through her testimony. We're not going to beat a defunct equine. Okay. She's already
testified that she did not call in any crime scene people whatever. So do you have another question you want to ask? Do you
have any other questions? |
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Defense counsel:
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May I have one second? |
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Court:
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You've had your second. |
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The jury had been dismissed from the court room and the trial judge called for the jury to be escorted
back in when this exchange took place, prior to the jury returning.
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Defense counsel:
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May I be heard? |
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Court: |
Sit down, Mr. Thompson. I am tired of your cavalier attitude and your feeling that whatever you want to
do in a courtroom is okay. It's not.
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*** |
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Court: |
Madame Court Reporter, take the following please. Yesterday on numerous occasions, the Court had to ask
Mr. Craig Thompson to stop saying okay at the end of every witness's answer. In spite of the court's admonition and request,
he continued to do so. He continues to do so today. The Court finds that Mr. Thompson for the defendant has intentionally
and purposely pretended ignorance at what the Court was telling him with a meanest look on face as if he didn't understand.
I did not ask for a response fromyou, sir. Today the court sat here and did not once ask him to stop saying okay, although
he continued to do it. Although he now continues to make faces while the court's speaking. Sir, you're not going to speak.
You can just sit back and stop using your body language to interrupt me. It is rude, discourteous, uncivil and contemptuous.
You might do well to listen to what people say instead of planning your response. |
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*** |
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Court: |
There are several options open to the Court. The Court does not plan at this time to cite any of the attorneys
for contempt, but the Court believes if the attorneys cannot comply with the rules of law and are going to continually act
bemused, and confused as if they don't understand what it means, they subject themselves to that. If you don't know when you're
saying okay at the end of a sentence, then learn to find out, because if a Judge tells you to stop doing it, you stop doing
it. When I sat in that chair, if a judge told me to stop doing it, I stopped doing it. And you're no more above the law than
anyone else, and you've been warned.
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During direct examination of ..., a witness for Defendant, the following exchange ensued in the presence
of the jury:
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Court: |
No. What did you just say?
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Defense counsel:
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I asked him if he recalled what day ... |
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Court:
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What did you just say? I think that you ... |
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Defense counsel:
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I said “okay,” Your Honor. I apologize, Your Honor. |
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Court: |
Exactly. It's not my job to draw it to your attention, sir. |
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Defense counsel: |
Your Honor, I apologize for apparently an unfortunate speech habit that I've had for a number of years. |
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Court: |
Ladies and gentleman of the jury, please step to the jury room. Don't discuss ...
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The Jury exited the court room and Judge (Evelyn) Hill stated:
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Court: |
Madame Clerk, take the following, I mean Madame Court Reporter. I am 54 almost 55 years old. I have
practiced law since 1979. I have practiced law for 21 years as a trial attorney in Superior Court before numerous Superior
Court Judges including but not limited to James H. Pugh Bailey . . . to name justa few. I was taught as a trial attorney to
show respect to the court and to follow the court's directions whether I agreed with them or not, whether I thought they were
reasonable or not. When a Superior Court Judge for whatever reason points out to a litigant a certain behavior, whether it's
clicking a pen, chewing gum, saying okay at the end of every witness's answer, my experience has been that I, as a litigant
and the vast majority of the litigants with whom I practice law and have appeared before me, make some effort to comply with
what the Court has asked. To make matters worse in this case, Mr. Thompson has by his facial expressions questioned whether
he's even said the things that I've said he said, and has actually yesterday questioned that he did say them. At this point,
I feel that there's no point in me even trying to communicate about this with Mr. Thompson, since he shrugs it off cavalierly
as quote “ an unfortunate speech habit.” Therefore, he can't possibly be responsible for it. I asked yesterday, I asked again
yesterday, I asked a third time yesterday, I asked again today and I have pointed it out today, and I even stopped at the
end of question to ask him to see whether ornot he realized what he was doing. But clearly Mr. Thompson's message to the Court
is this is an unfortunate speech habit. Get over it, judge. So I'm not going to point it out again. I'm going to keep count.
And at the end of trial, it will be a hundred dollar fine for each time you do it. And we can use the Court Reporter's notes
to go back and see if you did it. But I won't bother anymore to point it out. Bring the jury back in please |
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Defense counsel: |
Judge, may I have, may I be heard briefly? |
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Court: |
I'm sorry. |
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Defense counsel: |
May I be heard briefly? |
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Court: |
No, sir.
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Note: According to the Defense brief, the trial transcript shows that the prosecutor said O.K. 279 times
while defense counsel said it 122 times. Also, the fine was not actually imposed. |
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Tue, August 16, 2005 | link
Friday, August 12, 2005
Pleas, pleas, pleas, pleas
Plea bargaining is essential to life in the criminal courts, but there are lots
of times that plea bargaining makes me feel like I have stepped in something gross.
A few scenarios that bring on this feeling:
Woman and boyfriend are charged with
taking a car by threatening woman with a knife at gas station. Boyfriend is clearly
the initiator and woman’s involvement was minimal or none depending on whose version of events you believe. Charges are serious - kidnapping and armed robbery. Boyfriend
pleads guilty to reduced charges of 2nd degree kidnapping and common-law robbery and gets 66 months. Woman gets plea offer that would give her 4 months imprisonment and then probation. Woman listens to family members (don’t get me started) who tell her that since boyfriend will testify it
was all his doing she should go to trial. At trial jury hangs on kidnapping but
comes back guilty on armed robbery. Woman gets 84 months.
This bothers me because at one point
the State agreed that a 4-month sentence was fair but because the woman gambled on a trial and lost, she gets 80 more months. I accept that there are risks in going to trial, but a fair and rational system should
not produce such arbitrary results.
Snitches. Maybe it is a left-over from the rules of the playground, but I have little respect for snitches. They are not upstanding people who have seen the error of their ways. They are trying to deal their way out of a bad situation. I’ll
take “substantial assistance” for the sake of the client and pursue it if the client wants to, but I don’t have to like it. And I’ll have to check the bottom of my shoes as I am leaving court.
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Fri, August 12, 2005 | link
Monday, August 8, 2005
Moon River it ain't
Mon, August 8, 2005 | link
Monday, August 1, 2005
The Supreme Experience
The recent resignation of Justice
Sandra Day O’Connor leaves eight members on the Court. Of them, how many:
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Have ever held elected office
at any level of government?
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Have represented a client in
a commercial lawsuit within the past 35 years?
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Have ever held a position at
the highest level in the executive branch?
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Have ever defended or prosecuted
a criminal case?
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Have ever presided over a civil
or criminal trial?
Answers: 1. None. 2. None. 3. None. 4. One. (Souter) 5. One. (Souter).
From Stuart Taylor in The Atlantic.
Mon, August 1, 2005 | link
Market baby market
The people marched down to City Hall demanding justice...
Whitey was strong that day, my brother.
Mon, August 1, 2005 | link
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