The Professor said...
Rumple,
Would you agree that taking a cell phone for a period of time, legal authorized or not, is a better alternative than contempt for violation of a court order (written or otherwise) and then still taking the phone? Would you agree that if a person is found in contempt the a judge could, as a sanction, take the cell phone, despite your reference to the forfeiture law?
You ignore the inherent powers of the court like it does not, nor has it ever, existed. There is a reason why some judges are rebelling. There seems to be perception that the tail wags the dog. A wise man once said that despite the fact that judges have to run like politicians, they have no constituency. They serve the law and the respect to which the law is entitled. Despite the claim that defense lawyers are the Constitutions last guardians, it is judges that are the guardians of the gate. They have no soldiers to enforce their orders, only the respect that our democracy demands as a nation of laws.
You ferment a thought process that a courtroom belongs to the public and they can do whatever they want, act anyway they want, and the judge has no right to control conduct. I disagree, if I were on the bench and someone walked in with popcorn and 70oz of a soda like he was at CineBistro, I would throw his ass out (of course making sure that his 70oz and popcorn did not spill) so fast that his head would spin. You would diminish a judge's control over his courtroom from being in charge to impotence. Can you see it now, jurors sitting in the box with their hot dog or popcorn or goobers with a 70oz coke watching a trial like it is "Star Wars" in 3D? I am sorry, but on this we part company.
Would you agree that taking a cell phone for a period of time, legal authorized or not, is a better alternative than contempt for violation of a court order (written or otherwise) and then still taking the phone? Would you agree that if a person is found in contempt the a judge could, as a sanction, take the cell phone, despite your reference to the forfeiture law?
You ignore the inherent powers of the court like it does not, nor has it ever, existed. There is a reason why some judges are rebelling. There seems to be perception that the tail wags the dog. A wise man once said that despite the fact that judges have to run like politicians, they have no constituency. They serve the law and the respect to which the law is entitled. Despite the claim that defense lawyers are the Constitutions last guardians, it is judges that are the guardians of the gate. They have no soldiers to enforce their orders, only the respect that our democracy demands as a nation of laws.
You ferment a thought process that a courtroom belongs to the public and they can do whatever they want, act anyway they want, and the judge has no right to control conduct. I disagree, if I were on the bench and someone walked in with popcorn and 70oz of a soda like he was at CineBistro, I would throw his ass out (of course making sure that his 70oz and popcorn did not spill) so fast that his head would spin. You would diminish a judge's control over his courtroom from being in charge to impotence. Can you see it now, jurors sitting in the box with their hot dog or popcorn or goobers with a 70oz coke watching a trial like it is "Star Wars" in 3D? I am sorry, but on this we part company.
Rumpole said...
First of all professor, lawyers are now on their cell phones constantly. Many of my colleagues give clients their cell number and clients text throughout the day, especially in the morning at the REGJB with questions like - where is the courtroom? The Judge is not here what do I do?
Is The rule against texting just for clients, or lawyers as well?
Second- lets say you are a busy professor and you are a witness in a horrible petit theft case and are subpoenaed for trial Monday morning. You do your duty as a citizen and show up. Your phone rings. You don't answer. It's your broker. The market opened down 350 points and you were thinking of liquidating a portion of your portfolio to pay for your daughter's education at Brown. Then your wife texts you about the roof. Meanwhile court drags on for hours and hours. What are you supposed to do? Just sit there and stare at the wall?
Texting on a cell phone is not disruptive to court proceedings. Period. A judge has no right to confiscate a phone, not making noise, just because the recipient is texting. David Ovalle tweets trials as they are unfolding. Is Seraphin going to take his phone?
Next- If there is an issue, the first response is to have the bailiff speak with the person privately, outside, instead of being some loud mouth lout and embarrassing the person in court and showing off your power.
Third- I was making a point about popcorn and soda. No, I do not think it's appropriate for court. But there are no rules against it. Just like there are no rules against wearing a hat in court and yet I see bailiffs tell people to remove them. What about religious Muslim or Jew who has to keep their head covered?
Yes a Judge has the inherent power to control their court. And the better the judge, the less they use it. The old adage if you want respect, give respect (Tony Soprano I believe) applies. I never saw Judge Cowart hold anyone in contempt.Or even give anyone a hard time.
The Late Henry Oppenborn was a county court judge, and a former paratrooper who fought in wars (Korea I think) for this country. At the start of every court he INVITED everyone to stand and say the pledge of allegiance. Everyone did most of the time. And when someone didn't, he did nothing, because he knew this great country that he risked his life to defend guaranteed that person the right to sit there and twiddle their thumbs.
When judges act as childish, churlish, and petty as Fred Seraphin, then they need their chain yanked. They need to be told they have limited power over the people in front of them as defendants and almost no power (jurisdiction) of citizens who wander in to watch. It's their court as much as the Judge's. Those Judges secure in their power and who have wisdom don't make the pages of this blog doing something stupid like stealing cell phones. Those insecure petty tyrants do. Those are my targets and none of them have the courage to even respond to the blog and write a well reasoned defense as to why they have the right to steal a cell phone.
Is The rule against texting just for clients, or lawyers as well?
Second- lets say you are a busy professor and you are a witness in a horrible petit theft case and are subpoenaed for trial Monday morning. You do your duty as a citizen and show up. Your phone rings. You don't answer. It's your broker. The market opened down 350 points and you were thinking of liquidating a portion of your portfolio to pay for your daughter's education at Brown. Then your wife texts you about the roof. Meanwhile court drags on for hours and hours. What are you supposed to do? Just sit there and stare at the wall?
Texting on a cell phone is not disruptive to court proceedings. Period. A judge has no right to confiscate a phone, not making noise, just because the recipient is texting. David Ovalle tweets trials as they are unfolding. Is Seraphin going to take his phone?
Next- If there is an issue, the first response is to have the bailiff speak with the person privately, outside, instead of being some loud mouth lout and embarrassing the person in court and showing off your power.
Third- I was making a point about popcorn and soda. No, I do not think it's appropriate for court. But there are no rules against it. Just like there are no rules against wearing a hat in court and yet I see bailiffs tell people to remove them. What about religious Muslim or Jew who has to keep their head covered?
Yes a Judge has the inherent power to control their court. And the better the judge, the less they use it. The old adage if you want respect, give respect (Tony Soprano I believe) applies. I never saw Judge Cowart hold anyone in contempt.Or even give anyone a hard time.
The Late Henry Oppenborn was a county court judge, and a former paratrooper who fought in wars (Korea I think) for this country. At the start of every court he INVITED everyone to stand and say the pledge of allegiance. Everyone did most of the time. And when someone didn't, he did nothing, because he knew this great country that he risked his life to defend guaranteed that person the right to sit there and twiddle their thumbs.
When judges act as childish, churlish, and petty as Fred Seraphin, then they need their chain yanked. They need to be told they have limited power over the people in front of them as defendants and almost no power (jurisdiction) of citizens who wander in to watch. It's their court as much as the Judge's. Those Judges secure in their power and who have wisdom don't make the pages of this blog doing something stupid like stealing cell phones. Those insecure petty tyrants do. Those are my targets and none of them have the courage to even respond to the blog and write a well reasoned defense as to why they have the right to steal a cell phone.
You may try a lot of cases. But are you in the REGJB or Federal court much? I am. And at least once a week someone approaches me and says "can I go in there?" and points to a courtroom. And my response is "this is the United States of America, courtrooms are open to everyone". Sometimes people respond "But I am not a citizen" and I respond "That's what makes this country great. Courts are open to everyone, not just citizens."
There was an old time bailiff who used to give people a little lecture on history and rights and freedom and then invite everyone into court saying "this is your place of freedom, come watch justice at work." People entered with a smile and I can tell you he never ever had a problem with anyone.
There's a right way to exercise inherent power and a wrong way. And Seraphin and most (not all) of those jerks in Broward don't have the first clue on how to do it. There was a county court judge (maybe he's gone now) who LOCKED THE DOORS of his courtroom at 9:01 in Broward and no one could get in. Talk about a complete misunderstanding of power.
There was an old time bailiff who used to give people a little lecture on history and rights and freedom and then invite everyone into court saying "this is your place of freedom, come watch justice at work." People entered with a smile and I can tell you he never ever had a problem with anyone.
There's a right way to exercise inherent power and a wrong way. And Seraphin and most (not all) of those jerks in Broward don't have the first clue on how to do it. There was a county court judge (maybe he's gone now) who LOCKED THE DOORS of his courtroom at 9:01 in Broward and no one could get in. Talk about a complete misunderstanding of power.
