"I believe in equal access to the courts and each citizen's obligation to obey, honor, and sustain the law." --Chris Bevans

Monday, October 15, 2012

The Kind of Judge I Want to Be: Unpretentious and Approachable

 A colleague of mine recently put in a motion with the court on behalf of a client. He then informally discussed with the judge why the arguments in his motion were sound, but with just this minimal exposure to the facts of the case, the judge didn't agree. In fact, he was somewhat affronted that this attorney would suggest a different understanding of the situation. As is standard in such cases, the attorney moved to more formal measures and requested oral arguments before the judge. The Uniform Trial Court Rules require that regardless of how ridiculous a motion may be, any party requesting oral argument is entitled to be heard in court.  Shortly after, when he had not heard anything, the attorney called the court clerk to find out the status of his request.  The clerk reported that the motion had already been dismissed, without the required oral arguments.  There was little my colleague could do other than take the case to the Court of Appeals. A judge has the ultimate say in a courtroom.  That doesn't, however, mean that a judge should be arrogant, above following correct legal procedures or unwilling to accept counsel from others. A good judge must be approachable and willing to hear each person out.  Additionally, a judge should acknowledge his or her limitations and mistakes without becoming defensive and making excuses. That is the kind of judge I want to be. 

No comments:

Post a Comment