One goal of many young lawyers is to someday sit the bench! Along with this prestigious position comes the power to decide the case heard in court while keeping the argument between opposing lawyers within the guidance of the law. It must be an awesome responsibility however, does it go to a judge’s head, or cause them to suffer from what Pfeifer (2010) refers to as the disease of the black robe? Is this unethical?
Suspected signs of this disease include, but are not limited to, the inflation of one’s ego, outbursts of rage, loss of patience with young lawyers, or belief that their words are doctrine (Pfeifer, 2010) Now let’s face it, why in the world would a judge not have these qualities? Consider the cross section of society that crosses through their courtroom. With increase case loads, why would they want a young inexperienced lawyer before them wasting their time in court? No one enjoys having their time wasted. More than likely, after a period time they will lose their tempers. They are human and have to keep the docket moving. If this syndrome helps a judge to preside over their courtroom and make them effective and efficient, it should be instilled into each of them once they make the bench. In the author’s opinion, it is not unethical to rule the courtroom in this manner.
Accepting a bribe would be considered unethical behavior for a judge. It is not unethical for a judge to order an unruly or disrespectful youth to serve one or two days in jail for their unacceptable behavior in court. Although it may be considered harsh by some, one should expect to act appropriately upon entering a court room. A court room deputy will normally direct all of those in attendance to maintain silence during court. Cell phones should be turned off, or at a minimum be set on vibrate for emergencies and talking amongst themselves or making unacceptable comments is not tolerated. That is unethical.
As long as a judge operates within the confines of the law, their actions should not be considered unethical. They may be considered harsh but then again, if one does not wish to deal with the wrath of an irate judge, don’t commit a transgression that requires attendance in court.
References
Pfeifer, O, (2010) Black robe disease – why the abuse of power is rampant among judges and
the American judiciary. Retrieved from http://stubbornwriter.com/2010/03/17/
09/12/11/law/black-robe-disease-why-the-abuse-of-power-is-rampant-among-judges-
and-the-american-judiciary/318
I understand that maintaining a certain behavior in a court room should be followed, but don't these same rules apply to judges. I think a lot of judges do get that disease and feel that they are in control of you and our situation, and therefore the rules don't apply to them. I know that attorneys try to go before judges that they are familiar with because it eases the process. The judges that seem to rule with an iron fist are feared and I think that boosts' their ego. I think judges feel that if they hear that they are hard in the court room that possibly the young attorney will not come before them unprepared. However, I think judges should be mindful that everyone has to start from some place. Not everyone will have the experience desired to go to the iron fist judge. Sometimes attorneys are just starting out, and they are afraid, but they are still trying to be effective and professional regardless to which judge they go to. No one wants to feel incompetent especially if you are new which will also give the client an uncomfortable feeling. I think in all careers we need to remember, everybody has to start from the beginning and not everyone is going to be a hot shot attorney out of the gate. Being tolerant is a good quality to have in any career field.
ReplyDeleteMary, you have made a very good point. I offer this though. I worked for the Special Assistant United States Attorney (SAUSA) in Norfolk a few years back. I prepared cases for the SAUSA, for which were presented in court. The attorney warned me of certain a judge that they didn’t like to go up against because they were tougher on some of the younger lawyers. What I found out and this was synonymous with the mind set of some senior naval officers. Their thinking is that if they aren’t tough on them they aren’t doing anyone any good because they will never improve. I’m not saying this is the case for all but maybe some. Thank you for your comments.
DeleteBruce, as you wrote about judges in our system, it reminded me of the case I have been following concerning Aaron Hernandez, the football player for the New England Patriots who was arrested for first degree murder. Just recently a lawyer who had previous disagreements or clashes with the judge who will chair the Hernandez case asked for her removal. He statesdue to previous clashes with the judge in court, he will not be able to ensure his client receives a fair trial. One thing for sure, it is very risky asking for a recusal request, with no way knowing how the judge will react. The defense attorney feels like the judge will be unfair or biased and his client will not obtain a fair trial. However, it might not be a risk at all! This might be a plan to make the judge super sensitive about appearing partial and could work to his benefit. Many people believe he will beat the charges and media leaks have already been reported despite gag orders. The press is having a field day with this case, and wouldn't be suprised if he walks "scott free".
ReplyDeleteDavid, yes, I've heard this about the case. I'm not surprised about the media's involvement. He is/was a New England Patriot with a stellar career and a reported 40 million dollar contract on the table for him to sign before his troubles. Judge issues aside, I think the evidence in the case is going to do him in. I don’t think he can beat that. It will be educational to follow.
DeleteOver all I believe in this country we have some very ethical judges. However some pop up now and again. Recently two cases in the news come to mind. In one a judge after sentencing a man for homicide, conducted his marriage ceremony in the courtroom. She even baked a cake for them. The deceased family has become very vocal about the incident. In another a judge in Montana gave a very small sentence for a teacher having sex with a 14year old student. The student committed suicide over the incident. The judge made a comment that the girl looked older and was also responsible for what happened.
ReplyDeleteGreg
I agree with this article to a certain point but there are some judges who go way beyond the whole attitude thing. Some judges get a bit personal I believe when making their judgment.
ReplyDeleteBruce: You have raised very interesting points in your blog on judicial ethics. Professor Taylor
ReplyDelete