The Judge is the Judge

Have you seen the video of the Brevard County Judge and the Public Defender who get into a fight?  The Public Defender is trying to assert his client’s right to a speedy trial.  The Judge tries to get the Public Defender to stand down, then the Judge says, “If you want to fight, let’s go out back and I’ll just beat your ***.”  They both leave the courtroom and noises of a scuffle ensue off-camera.  A few moments later, the Judge comes back to his bench and people clap. The Judge is the Judge, but the problem with this situation is that the behavior is not really judgely and it is not really lawyerly.  While the courtroom camera footage displays “normal” throughout the scene, that might not be the kind of “normal” legal professionals and the public expect.  The Judge is already on paid leave and signed up for anger management, and I am sure he will be retiring quickly. You can view the courtroom footage on First Coast News at http://www.firstcoastnews.com/story/news/local/florida/2014/06/02/judge-accused-of-punching-attorney/9889713/.   Read More

Drunk in Court

Bring a throng of justice A docket full of time, Four-and-twenty cases Stacked in a line   When the courtroom opened The plaintiffs then to bring Their claims against defendants Over minor things.   There was a lady waiting Her case to be called out She had a flask of whiskey Tucked inside her blouse.   While the lady waited She took a little sip. One case led to another and She’d take another nip.   Finally was her turn, Her docket number called. The bailiff found her sleeping, Slumped against the wall.   When he went to wake her The woman would not budge. Now isn’t that a silly way To ‘ppear before a judge!   The judge was on his justice bench Weighing her contempt. He locked her into custody So sober she’d present.   Sober to bed and sober to rise makes a body NOT passed-out-drunk in court and charged with contempt.  Turn off your cell phone, leave your gun behind, and do not go to court drunk (or get drunk while you are there).  It is NOT happy hour when you wake up with a hangover in jail. Read More

Mediation & Horsemeat – Dividing the Leftovers

You can beat a dead horse…it just is not going anywhere. Do you want a Judge to decide what to do with the meat of the matter, or would you rather decide yourselves what to do with the carcass of a bad situation?  Sometimes mediation is an option…sometimes it is not a bad option. The Judge may tell you to grind up the meat and feed it to your children as part of child support (though probably not).  You do not know what a Judge will do, neither do you have control over their decision.  You may prefer mediation instead where you and your opponent could decide to sell the meat for dog chow and use the money from the sale to buy food for your children. The nice thing about mediation, especially in divorce, is that it is up to you and your soon-to-be-ex-spouse to shape the outcome.  Generally it is easier to live with an agreement you create, rather than trying to follow someone else’s order.  Mediation gives you more control over your future. Read More