Sunday, October 01, 2023

Judges, please don't do this.

 From the 4th Circuit:

Elizabeth Peiffer, one of two lead attorneys representing David Runyon in this habeas proceeding, filed a motion to withdraw as counsel for Runyon on the ground that her mother was diagnosed with cancer and caring for her would distract from an appropriate representation of Runyon. The district court denied Peiffer’s motion, finding that it was “in the interests of justice for Ms. Peiffer to remain as counsel for” Runyon. Peiffer then filed this appeal. Because we cannot, in the circumstances presented, conclude that the district court abused its discretion, we affirm.

Really?

Meantime, happy first Monday in October. 

8 comments:

Anonymous said...

Disgusting. Repugnant. Inhuman.

The judges should be ashamed of themselves.

Anonymous said...

AI would probably come up with a better result than this.

Rumpole said...

What do you expect from the greatest justice system in the world? Fairness or a fetishistic adherence to obscure rules of review so that the result is just calling a ball or strike and not common-sense fairness. Elections have consequences and this is what right-wing nuts want - until they are the ones filing the motion and appeal- in other words- until their ox is gored.

Happy First Monday in October.

Anonymous said...

She has co-counsel so why just can not co-counsel handle the motions? If the judge's mother had a similar disease, he/she would take a leave of absence to help their mother.

Anonymous said...

Many years ago, my mother passed away the day before an 11th Circuit argument. The prosecutor agreed to a rescheduling. The Court denied my motion, and I was told to waive the argument of find someone else to argue the case.

the trialmaster said...

Although not tragic as a death or serious illness, years ago as we were getting ready to pick a jury, Opposing counsel advised the judge that he just had an unexpected chance to vacation with his son who had been away at college and asked for the trial to be rolled over to the following week. The judge denied his motion. I then took a voluntary dismissal without prejudice to he could spend time with his son. We later settled the case and he never saw me without reminding me of this incident. I can not remember who this judge was but he was a real POS.

Anonymous said...

Awful, just awful. And they lecture attorneys on professionalism.

Rumpole said...

Well said 4:06