The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
This Order isn't a good way to start trial... but the defense is right. Putting aside the normal advantages that the government gets -- sitting closer to the jury with plenty of space to spread out -- the defendants and their lawyers in a multi-defendant case should all have enough space to be in the well of the courtroom.
JUDGE = Jackass comes to mind as an appropriate comment.
ReplyDeleteHe’s a good judge who let the defense get under his skin. It’s a poor order. Sarcasm has no place in something like this. And I know that’s the pot calling the kettle black. But more importantly it creates the appearance of bias. My guess is the defense counsel really pissed him off. If I was the defense attorney I would have played it differently. I would have moved to the seats in the courtroom. Set up there. And at the appropriate time cross examining a government agent who said they can’t do something (especially in the past when they testify can’t record my client and I amble over to my iPhone and pick it up and say “you can’t press record ???” ) I would have asked the agent why the government can spend all the money it needs to prosecute my client but no money to make sure he has a fair trial- and then point to where I have my files stuffed in the audience. Essentially shame them before the Jury for treating the defense this way.
ReplyDeleteBut I know this judge. And someone really got under his skin for him to lose his temper like this in my opinion. And David is right - it’s. It is not a good way to start a case for the defense.
The judge is a d)$k. So what, they asked for enough space to be able to try a case. And his research skills suck, because there is plenty of case law discussing accommodations for visiting and communicating with a client as part of the right to counsel. Having adequate space to do so in trial without having to take turns with whatever paltry space is available is not a big ask. Compare his conduct with our great judge Cooke and you will understand the difference between greatness and thin skinned petty potentates who need to grow up.
ReplyDeleteWhere does this judge sit?
ReplyDeleteDistrict Court in D.C. But he's an Obama appointee. That doesn't fit the narrative.
ReplyDeleteYour welcome.
Judicial temperament? This happens from county court all the way up, it seems. I've seen good judges even act this way. Except Judge Jordan, even when he was thrown a softball of a chance. I wonder how long Judge Mehta took between writing this order and filing it, and if an hour or two of wait would have changed it.
ReplyDelete11:39 - I feel bad for you having to travel through life, feeling compelled to always have to compare one thing against another.
ReplyDeleteIt must make you feel terribly inadequate and frustrated.
Don’t worry too much about it…one day you will come to understand that not everybody is gifted and that you are very special in your own way.
You’re appreciated and perfect just the way you are.
10:05 usually in a chair on the bench. The only judges I saw sit somewhere else were in the EDNY
ReplyDeleteBtw DOM the captcha really sucks
You know who didn't put up with crap like that and would loudly call the judge and prosecutors out on it? Alex Michaels. He would never let the prosecution or judge push him around a courtroom and make him sit far away from the jury in the corner while the prosecution had the big table right next to the jury. He would have thrown a fit. Once, I got a call when he was in Fort Meyers and they had just started electronic recording and there was a sign saying there was a microphone at the defense table and he threw a classic fit yelling that the prosecution was bugging him and telling the judge to call for a court reporter and he would pay for it. Of course he was held in contempt. And of course he won the case- which was a murder if I recall.
ReplyDeleteRIP old friend.
I have seen worse in S/FL. I wont mention the federal judge in Miami. However once there was a multi defendant drug trial. The prosecution was playing an undercover video recording for the jury. It was a fairly long video. After about 30 minutes, the court took a break. During the break a defense attorney asked the judge if they could bring a chair next to the TV. The judge freaked out screaming at the defense lawyer, humiliating him for asking such a question and yelling he was going to do what every other attorney was doing. It was so unnecessary and sort of scary anytime a judge yells for the silliest of reasons.
ReplyDelete