The comments section is rife with complaints about Judges (one in particular) demanding that lawyers go to their courtroom first and judges giving a lawyer who shows up at 9:15 or 9:30 for a case set at 9 am a hard time.
We agree with the commentators who have expressed both dismay and outrage at the judge(s) who act that way. It is petty, tyrannical and wrong. This is not federal court where one case is set at 9 am. That is a horse of a different color.
Let us extrapolate.
It took us well more than two decades of taking most cases that walked through the door and being in the REGJB every day before we could build a reputation that allowed us to charge more and be more discriminating in the cases we accepted. During that time period Mondays brought us calendars with 15 or 20 different courtrooms to be at- albeit this was a time before BOT when there was a thriving DUI criminal defense business along with our felonies and the odd federal case.
The judges in the REGJB knew us and many of our compatriots who worked the same way. The judges understood that if were not in their courtroom when the case was called we would be there shortly. The best of them told our clients that they knew us and were sure we would be there shortly. The worst of them berated us in absentia.
If anything, the practice of criminal law has gotten more difficult. There are more lawyers competing for the same clients and the price of representation that a young lawyer can charge is going down. Which mean those young lawyers within the first ten years of their practice have to run a volume business as they seek to build their reputation. We've all be there (except maybe for DOM) and when we say "we" that includes many of judges who ran small practices before assuming the bench.
There should be a level of understanding that a good lawyer, who is always in court, might be stuck before a judge moving slow, or taking an early plea and that within reason, a lawyer who shows up at 9:10 or 9:20 for a 9 AM case that is not special set should not be berated by the judge.
We all know the lawyers who are in the REGJB every day, working hard, trying cases and defending their clients. This is about them and not the troublesome lawyer who has a reputation of always being late.
And speaking of that, there are a coterie of Judges who do not start on time. And they are part of the calculus that the everyday REGJB lawyer has to deal with. Sometimes lawyers are late because the y are waiting for the judge who set the case at 8:30 to start.
So this is for them- the good, hardworking, young and busy lawyers who may show up to a courtroom a few minutes late. Most likely they have been in the REGJB since 8 or 8:30, running around, doing their work as best they can. They deserve to be treated with dignity and respect and not be told by a Judge that they have to come to his/her courtroom first. Such an attitude exhibits a stunning ignorance of the difficulty of running a small legal criminal defense practice. It's the type of belittling selfishness that the Broward Judiciary circa 1980s'1990's was infamous for.
29 comments:
Well stated. Just a little respect please dear Judges.
There is a lack of respect for each other in this field.
They should all channel their inner Phil Knight.
The worst culprit is Milton Hirsch. Most others understand. Ed Newman used to go crazy if you were late for trial but, other hearings were not a big deal.
Richard Hersch gets frisky when lawyers are not prepared but, understands being late.
Milton, did you forget how to practice law? We don't get to pick where we have to be many times so, almost all of us do the best we can and do a good job.
Now as for those lawyers who are ALWAYS very late... shame on you.
With Milton, I even call and let the JA know I'm in another courtroom and still he is a total jerk, IN FRONT OF MY FUCKING CLIENT. There is no excuse for his behavior. He needs to be moved out of criminal.
Memo to JQC, look at Milton's behavior.
Sometimes positive reinforcement is more effective than shaming. You can refer to it as shaming by omission. I suggest listing the judges that are respectful of lawyers and their time, who start on time, and don't berate lawyers who are late.
The more things change, the more they stay the same. This problem has been around since the REG was built in 1960. It’s called personalities. Some judges take the position that they are there all morning and "show up when you can," they’ve got dozens of other cases. Others believe everyone should be before them at 9:00. They are, after all the judge. They earned that right due to the public’s vote or the governor’s adoration. Some remember being a private lawyer, others sat in the same courtroom all day (or never went to court) and never had to be anywhere else and if they did, they had a few big cases around the building as a “busy prosecutor.” Want a different attitude, put your name in for judge, maybe against the one that you think is mean. Some judges are not nice, not patient, not understanding. That will never change. If they are overly not nice, not patient, or not understanding, in rare circumstances the JQC will step in, but don’t count on it.
There is no uniformity, which in some cases can be a good thing. Here’s some advice for the volume lawyers: contact every judge’s JA by email or voicemail before the start time and state you will be late instead of just showing up late everyday and being "that lawyer." You are an officer of the court, not the other way around. It’s 2024, take 10 minutes and send emails. If you show up on time, great. If not, you’ve been respectful and professional. If the judge isn’t respectful or professional, blog about it, file a JQC complaint, run against them, or ignore it. Trying to get “the bench” to “understand” the practice of law is a failed effort.
My girlfriend said she was late, now she’s my wife.
Other than issues with corrections, why would a judge care concerning the order of cases called ? It can only be because of arrogance
perhaps the Admin Judge should post a rule as to the precedence of judges based upon nature of proceeding and then seniority.
Who, beside Uncle Milty, acts like this? I don't know a one! He's in a league of his own.
If I was ever treated poorly by any judge, especially Milt"MR. JUstice Hirsch" I would file a complaint with the JQC. If all other attorneys who get the same unprofessional treatment from a judge would file a JQC complaint the judge will get the message and refrain from such poor treatment towards attorneys.
11:37,
You sound pragmatic but i cant agree with a toleration of or a system of rudeness With state court scheduling so many cases at the same time, it’s inherent within the system that many lawyers will have to be in different court rooms at the same time That “ civility “ sign behind the bench should apply to everybody If creating a toxic work environment is shunned outside of law , the same concerns should apply inside a court room
What these judges need is a bar complaint by several lawyers disrespected or humiliated . the bar has severely reprimanded or removed judges. Harvey Baxter, Broward school shooting case
Used to be about 5 a year.
Why can’t they all be like the memorable and great Judge May Cain.
Did anyone else notice this unanimous Supreme Court opinion that is obviously talking to a near future second term President Trump about what he can and can't do on social media? https://www.supremecourt.gov/opinions/23pdf/22-611_ap6c.pdf
Bandin is never, never, never on time. Somehow she finds it funny and is proud of it.
That would be the JQC.
Bandin is right on
He deserves opposition. Shame on that little fella
10:19, you make a good point re: civility. But civility is another "goal" that is for you and not for thee. The reality is that every judge at some point wanted to be a judge, and some of them act like they are doing the world a favor by taking the bench. If they are so disturbed about the way state court works (and has worked since state court was invented), resign. Plenty of judges have left the bench and found greener pastures doing something else. I agree that no judge should be rude to a hard working lawyer who is understandibly late. My point is that this battle will never be won. Every judge at their investiture speaks of professionalism and respect and that "everyone appearing before them will be treated as such." Some actually conduct themselves in that manner.
11.37: Well said.
10.02: Also right on. Lawyers should file JQC complaints where the judge's behavior is routine and disrespectful of the lawyers, especially when it is happening before the clients.
I know the youngins won’t know who he is but Jerold Bagley was the best judge regarding being late. He started his report calendar at 8:00 am.and finished at 8:30. Arraignments started at precisely 9 and then he took late arrivals till 10:30 or 11. As long as you called the JA to let her know you were running late he was cool. The only thing for which he didn’t tolerate tardiness, were evidentiary motions which started at 8:30 on the dot. The judge knew how to run a calendar.
There is a judge I won’t name in a public forum but he was a longtime prosecutor and also was a private defense attorney. He is always late for court. Every day, you can essentially guess 1030 for a 930 calendar. But when he gets there he is respectful to everyone, including the defendants, he recognizes the stakes of what’s going on and knows which cases matter and which don’t, and he does the job very well and makes you feel a little more human usually for having been in there. And guess what nobody cares if they have to wait around for him to start calendar.
the 'higher ups' need to spend some time in the gallery observing the atrocities that take place in milt hirsch's courtroom. asap. this is pervasive at this point, look at the feedback, read the comments.
I saw Hirsch treat a very well dressed black attorney in the most humiliating manner. It was so painful to watch. I cringed.
He may have been from Broward because I did not recognize him. He was young and so professional looking and had his client present.
He was not late BUT he did the unforgivable, he did not know the page number for his case.
Hirsch treated him like DIRT!
He smarty pants at 2:48:00 pm.
When you file a JQC complaint, the judge finds out and gets even and tells other judges to get even.
Yes I’ve also seen Hirsch get so upset when attorneys don’t call out the calendar page. He acts like a toddler that doesn’t get the toy he wants at the store. It’s pathetic
Win it all cost
“Higher ups” need to be replaced.
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