Legal Juice

Shoot, $140,000 per year in Detroit will go a long way. You would think someone with a job like that - which also includes 9 weeks off! - would take it seriously. In this case, it appears that you would be wrong. As reported by myfoxdetroit.com:

Detroit district court judges have it pretty good. They work seven hours a day and get an hour for lunch... So why does 36th District Court Judge Cylenthia Miller need to show up late so often or not show up at all?

That there's a serious accusation. Can you back it up? Well ...

It's 11:00 a.m. A video shows people have jammed the courtroom, but the judge isn't there, and the lawyers are still getting $300 an hour. This wasn't just a one off. We got a hold of the judge's attendance record. She's a truant. If this were high school, she'd never graduate.

Maybe she's just going through a rough patch?

In 2009 she missed an extra 53 days or nearly three months of work.

In 2010 she missed an extra month and a half. It's the same with 2011 and 2012.

Okay, maybe not. But back to the present:

So we put the peep on the judge over the last few weeks. On February 8, a Friday, she called in sick saying she injured herself when her sister's dog pulled her in a ditch. On February 1[1], the following Monday, we couldn't find her. The next day she didn't show grieving over a loved one.

Yikes!

When the judge did show up, she was always late, took long lunches or left early. Pretty serious stuff for a judge who handles everything from murder to misdemeanors.

She showed up and hour and a half late on Wednesday. On Thursday, she showed up two hours late. After a rigorous hour and fifteen minutes on the bench, she cut out for lunch. A long lunch. A two hour and 15 minute lunch.

It was no better the next day, Friday, February 15. She was nearly two hours late again, and she left at 2:30 in the afternoon. Where could she be going? The law library? The prosecutor's office? Nope. She went shopping at Kroger in Grosse Pointe...

She was late again on Monday morning. We [the news crew] couldn't take it anymore.

"Court's been in session for an hour and a half and you're still [outside]," I said to her. "Been coming every day for three weeks, you've never been on time."

She said nothing.

Shocker. Time to go up the chain.

"It's embarrassing to us as a court, and it's embarrassing to me as the court's chief judge that I'm having this discussion with you," said Judge Kenneth King. "I'm telling you that this matter will be dealt with."

And?

Judge Miller met with the chief judge on Monday. She promised to "do better in the future".

"Better"? The Juice is guessing the folks at WJBK will be monitoring the situation. Here's the source.

So maybe you're sitting up above the rest of the folks in the courtroom. But this stuff? Uh-uh. Nope. Fuhgeddaboutit. It's totally unacceptable. As reported by The Houston Chronicle:

"It was horrible," Houston attorney Wesley Clements said about the alleged behavior of District Judge Lonnie Cox. "When he started yelling like that at the top of his lungs, it got my attention."

The allegations are in a motion filed by Clements asking that Cox remove himself from a plea hearing in the probation violation case of Maricelda Marie Aguilar, 22, of Alvin.

Clements said he was in the process of filing a complaint with the State Commission on Judicial Conduct about Cox's conduct during the Oct. 5 hearing.

And about that motion to recuse himself from the case?

Cox said he was unable to comment about an ongoing case. He filed an order refusing to recuse himself and referring the recusal decision to the presiding judge for the 2nd Administrative Judicial Region, Montgomery County District Judge Olen Underwood.

So what went down with Judge Cox?

Aguilar, now seven months pregnant, has been in the Galveston County Jail since July for violating her probation on an earlier drug conviction. She learned shortly before her arrest that she was pregnant and while in jail has developed a bacterial infection she fears could harm the fetus, she said in a written statement attached the recusal motion. Clements said she also has a condition that cannot be fully diagnosed until after Aguilar gives birth.

The Galveston County drug court had obtained Cox's agreement to move Aguilar from the Montgomery County Jail to a drug rehabilitation center until she gave birth, allowing her mother to accompany her for medical treatment when necessary, Clements said.

Probation Department Director Janis Bane said the District Attorney's Office approved the agreement. "It sounded like a good option and a good use of our resources," Bane said. Nevertheless, the department will respect the judge's decision, she said.

Everyone is in agreement. So what's the problem? Well ...

At the hearing, Cox became agitated when he discovered that Aguilar had missed several meetings with her probation officer, according to the recusal motion. "The judge while sitting on the bench in open court looked at the plea papers and then screamed, 'This is shit. This kind of bullshit is not what the drug court should be doing and it is just costing the taxpayers money,'" the motion states.[expletives reinserted]

Oh. So that's the "temper" in "judicial temperament." Now it makes sense!

The judge told Aguilar she was worthless and asked "if she thought he would turn her loose to kill the child," the motion states. "He told the defendant she was worthless and then told the defendant she was not worth the paper and ink that the plea agreement was written on and proceeded to rip the papers to shreds and throw the papers in the air.

"Then he stormed out of the courtroom."

True, these are just allegation in a motion, but ...

The court reporter was not present during the alleged outburst, Clements said, but there were at least 14 witnesses. Aguilar's mother was present and her statement was attached to the recusal motion.

That's a bunch of witnesses. And ...

The flare-up is not the first attributed to Cox, attorney Byron Fulk said. Fulk said Cox erupted in anger when he and and an assistant district attorney presented a plea agreement in a similar case.

Like Aguilar, the defendant had violated probation after conviction on a drug charge, Fulk said. "The judge takes the bench, looks at the file and says, 'I'm not going to do this,'" he said. "Then he pounds his fist on the table and starts screaming at the client."

When Fulk tried to reason with the judge, he said, Cox "starts yelling at me, 'Step away from the bar, counselor, step away from the bar.' "

Attorneys know that the judge almost always wins these battles. That's assuming that the attorney has the nerve to even engage in such a battle.

Fulk said he admired Clements for doing what other attorneys feared to do. Fulk, who supported Cox when he ran for office in 2008, said, "It's what we call in the legal profession, black robe disease," he said. "In my opinion he's a bully."

You'll find the source, including a photo of the judge, here.

It probably went something like this: "Don't worry, honey. I'll call my friend the Judge. You'll be out in no time." Or not, though the call was made to the Honorable James (“Jim”) Patrick Sharp, Jr., Justice on the First Court of Appeals in Houston, Harris County, Texas. Here's what happened, from the State Commission on Judicial Conduct's Findings of Fact:

On January 17, 2012, at approximately 8:00 p.m., Justice Sharp received a telephone call from a family friend informing him that her 15-year-old daughter had been arrested for shoplifting at a department store in Brazoria County.

The friend informed Justice Sharp that her daughter had been taken to the Brazoria County Juvenile Detention Center (hereinafter “Juvenile Detention”). She further informed Justice Sharp that Juvenile Detention staff had advised her that pursuant to standard policy, her daughter would not be released until the following morning.

The friend asked Justice Sharp for assistance in securing her daughter’s early release from Juvenile Detention so that she would not be required to spend the night at the facility.

So what did the Judge do? Plenty.

During all of the calls, Justice Sharp identified himself as a Justice of the First Court of Appeals; he stated that he was calling on behalf of his friend’s daughter (hereinafter the “juvenile”); and he sought information on how to secure the juvenile’s early release from Juvenile Detention.

During all of the calls, Justice Sharp was advised that Brazoria County had a policy that required the juvenile to remain in Juvenile Detention until the following morning, at which time a judge would magistrate her and/or review her case.

Policy? Fuhgeddaboutit!

Not satisfied with the response he had been given, Justice Sharp repeatedly and persistently asked Juvenile Detention staff what could be done to secure the juvenile’s early release, and offered to drive to the facility to magistrate and/or “sign orders to release” the juvenile that night.

First up?

During his conversation with the Assistant Director, Justice Sharp referred to the possibility of Brazoria County being sued for failing to release the juvenile that night, stating: “[Y]our county is going to be sued for hundreds of thousands of dollars for this. You’ll have picked the wrong little girl that has friends in high places to mess with.”

Justice Sharp also stated to the Assistant Director, “Well, I can tell you this, things are about to change in Brazoria County. You guys are a bunch of back woods hillbillies that use screwed up methods in dealing with children and I can promise you this, things are about to change in Brazoria County.”

Charming. Moving right along ...

At approximately 10:00 p.m. that night, Justice Sharp telephoned a local District Judge and left a voicemail message advising the judge that a friend’s daughter was being detained in Juvenile Detention, and that he hoped the judge would “make a call” to release her.

Justice Sharp also sent a text message to the District Judge asking if he would call Juvenile Detention to help “get [the juvenile] released tonight.”

Next up?

At approximately 10:30 p.m. that night, Justice Sharp telephoned a Brazoria County Commissioner and left a voicemail message identifying himself as “Justice Jim Sharp in Houston,” and advising the Commissioner that his friend’s daughter had been arrested for shoplifting and was being held in Juvenile Detention.

In his voicemail message, Justice Sharp asked the Commissioner, “What can we do to get that girl out tonight?” Justice Sharp further expressed his opinion there was “no sense” in having the juvenile spend the night in jail, and that, “I need your help. You will probably know who to call to make the keys go open.”

At approximately 11:47 p.m. that night, Justice Sharp sent a text message to the Commissioner, stating as follows: “If I were Brazoria Co. commissioner, I’d be on [the] look out for some serious lawsuits arising from your juvie [sic] facilities. . . You don’t release 15 yrs olds accused of simple shoplifting (bra and jeans) to their parents on the request of an Appeals Ct Justice? Serious problems there, Dude. Call me pronto, please. Justice Jim Sharp.”

Props for being such a good friend?

In voicemail and text messages to the District Judge and the County Commissioner, Justice Sharp made the following statements concerning a Juvenile Detention officer, who Justice Sharp accused of being “rude” to him:

a. The officer was the “most arrogant little prick [he] had ever talked to in [his] life,” and that if he had met with the officer “in person,” the officer would have known that he “had visited.”

b. If he had spoken to the officer “in person,” and if Justice Sharp had been in possession of a “baseball bat . . . that son of a bitch would have been cracked upside the head. Fucking little cocksucker.”

c. “Brazoria County Juvie Folks are [not] just arrogant but ignorant. When an Appeals Court Justice calls and identifies himself and then they refer to me as ‘Mr.’ Sharp, it bespeaks a fundamental misunderstanding of respect and pecking order!”

d. “[S]ome county paycheck functionary . . . call[ing] me ‘rude’ also is totally unacceptable and that stupid asshole need find [a] new job that never has him communicating with appellate court justices. Had I been there personally, it would have been damn ugly for him.”

Yikes.

During this same night, Justice Sharp unsuccessfully attempted to contact a former State Representative, a senior district court judge, and a local criminal defense attorney, all in an effort to secure the juvenile’s early release from Juvenile Detention.

Shazam! Like The Juice said, the Judge was fortunate to only receive a public reprimand. You'll find the full document here.

Regular Juice readers know that you have a first amendment right to flip off a police officer. That doesn't mean you won't be arrested and thrown in jail. It just means that ultimately you will prevail. Any way, the same does NOT hold true for Judges, as this gent learned. As reported by NewsLeader.com (Springfield, Missouri):

David Hernandez, 31, was arrested Wednesday at about 3 p.m. while in the audience of a court proceeding. According to the judge’s docket sheet, Hernandez disrupted the court three times.

“Upon Mr. Hernandez’s departure from the courtroom, in direct view of Judge (Todd) Thornhill, (defendant) flails his arms and then lifts both arms in the air and extends the middle finger of each hand in utter disrespect and contempt of court,” the docket sheet reads.

Hernandez was asked if there was any reason he should not be held in contempt and produced none, the docket sheet says. The court then found Hernandez in contempt and ordered him to jail until August 23. [a 30-day sentence]

A police incident report indicates Hernandez was booked without incident.

To his credit, Mr. Hernandez learned from his mistake, unlike this gent, or this one, or this one. Here's the source.

Family law cases often involve a lot of emotional behavior. Typically, though, the Judge is not a participant. This is clearly not a typical case. Of particular interest are the portions beginning at about 35 seconds, and at the 6:55 mark. You can read a lot more about this case here.

You seriously threatened a judge on the phone, and on Facebook? Brilliant! As reported by Courthouse News Service:

Ezra Osman [age 28] is the ex-husband of Iris Guillen, who works as clerk for 312th Family Court Judge David Farr, according to Harris County court records.

After Osman called the court repeatedly on May 9, Guillen told Judge Farr that Osman was harassing her, records state.

"The judge picked up the extension and told the defendant that if he continued to tie up the phone lines he would be in trouble," according to the charging document signed by an assistant district attorney. "The defendant then told the (judge), 'Fuck you, mother fucker. I'm gonna' come down there and fuck you up.'"

Pure genius, only to be followed by this ...

Guillen later showed a Harris County sheriff's deputy that Osman had made a threatening post on his Facebook page. It said: "Got my ninjas ... so heads are going to roll started with that punk ass judge," according to the assault charge.

Very effective use of social media.

Osman is currently jailed on a $20,000 bond.

Here's the source, including a link to the charging document.

Fellas, did you not see your old mom sitting there when you started to mix it up? The Juice is guessing this is not the first fight between these two brothers. As reported by the Beaver County Times (Pennsylvania):

Police said Terry Wayne Welling, 47, was upset that a dog owned by ]his brother] Samuel Wayne Welling, 55, was "going to the bathroom" on the living room floor at 916 Duss Ave., listed as both men's address.

Sam Welling was sitting next to Mary Welling, 87, on a sofa when Terry Welling confronted him and began punching him in the face, according to the report. Sam Welling punched Terry Welling multiple times, and the two brothers ended up atop their mother.

Um, boys. You're hurting your me. Boys ...

Police say Mary Welling was unable to free herself from beneath her sons and an errant punch from Terry Welling struck her in the shin. The report said Mary Welling suffered a 4-inch laceration and bone was exposed. She was taken to Heritage Valley Sewickley hospital.

Holy mackerel! The charges?

Sam Welling was charged with one count of simple assault, while Terry Welling was charged with two counts of simple assault and one count of reckless endangerment, according to court documents.

Don't hold your breath waiting for mom to visit. Here's the source.

For this judge, the job is apparently not all about banging away on a gavel and doling out some justice. Although she has only been charged, it's not looking good. As reported by lancasteronline.com:

A Lancaster city district judge has been removed from the bench after she was charged Monday with a dozen criminal offenses.

The charges relate to District Judge Kelly S. Ballentine dismissing three of her own parking tickets last year and in 2010, according to a police affidavit.

After a lengthy investigation, the state Attorney General filed 12 charges, including nine felonies, regarding Ballentine's conduct while on the bench.

She's charged with tampering with public records (six counts), restricted activities due to a conflict of interest (three counts), and obstruction of the administration of law (three counts).

As of Monday, Ballentine will no longer hear cases or serve as district judge.

"At this time, I have issued an order that she be placed on indefinite administrative leave until all criminal charges are resolved," said Lancaster County President Judge Joseph Madenspacher, who has authority over the county magistrates.

If you're wondering how the Judge will get by, here's how.

Ballentine will receive pay during that time, [Judge] Madenspacher said. "I have no power to suspend her."

Here's the skinny:

According to records, Ballentine dismissed three of her own tickets for parking illegally in front of her house.

Ballentine, 43, dismissed a no-parking ticket and an expired registration ticket in December 2010 and a no-parking ticket in January 2011, the affidavit shows.

As The Juice said, it's not looking good. Here's the source.

Hmmm. The Juice was working on this post and thought this name sounded familiar, so he checked the archives of 1,854 Legal Juice posts and found this one about Judge Willie F. Singletary. The story on philly.com was now not so surprising.

The state Supreme Court yesterday canned Philadelphia Traffic Court Judge Willie F. Singletary, suspending him without pay after he allegedly showed a woman cellphone pictures of his genitalia two weeks ago.

Yikes.

But this isn't the first time Singletary has made headlines. In 2007 his driver's license was suspended for unpaid tickets [a BOATLOAD of them - see Juice post above], and two years later he was reprimanded for promising favors in exchange for campaign donations.

That's quite a record in just the past 5 years.

Yesterday, the Supreme Court ordered that Singletary be "relieved of any and all judicial and administrative responsibilities as a judge of the Philadelphia Traffic Court."

Might consider another line of work.

After getting sentenced to 10 years for robbery, like Mr. Taylor, I'm sure you wouldn't be in the best mood either. Still, you better be prepared to pay the price if you lay into the judge, as Mr. Taylor did. Here are excerpts from the decision by the Superior Court of New Jersey, Appellate Division:

Defendant appeals from his conviction for second-degree robbery ... his sentence on that charge, and the imposition of two consecutive six-month sentences for contempt ...

Did someone say "contempt"?

When the court asked defendant if he understood his appeal rights, defendant responded by stating, "Yeah, I understand that you all railroaded the shit out of me. That's what I understand."

Uh-oh.

Although his attorney attempted to calm him down and the court attempted to resume asking him if he understood his right to appeal, defendant persisted in confrontational behavior, stating, "you're all — so full of shit." The court warned defendant that he would impose an additional six months for contempt of court. Defendant was defiant, stating, "Add six. What the fuck I care now."

This reminds The Juice of a truly classic, early Juice post ...

The court warned defendant again about imposing six months for contempt. Defendant replied, and repeated, "Fuck contempt of court." Both his attorney and a court officer attempted to calm defendant down. The court said, "I'm going to give you one opportunity —" but defendant interrupted, "Give me — give me — don't give me shit, mother fucker. Do what the fuck you've been doing to every black mother fucker that come in this courtroom."

Defendant continued to interrupt the court, repeating, "Fuck you" three times, calling the judge a "crazy ass mother fucker," telling him, "Eat shit and bark at the moon, sorry son of a bitch." When the judge said he was going to place on the record his reasons for imposing an additional six month sentence, defendant interrupted again, stating "[i]s that all you're going to put on it, the six months?" He continued to interrupt and taunt the court, saying, "Keep adding six months then" and "well shut the fuck up and do . . . what you're going to do."

Yikes.

The court proceeded to set forth the acts it deemed contumacious as the basis for imposing an additional sentence of six months. Defendant continued to interrupt. The court noted further that this exchange occurred in a courtroom filled with fifty people.

After the court ordered defendant to be remanded, defendant replied, "Fuck you, bitch" and then stated "Suck my ass, you cracker bitch." The court had him returned to counsel table and imposed an additional six months for contempt, to be served consecutive to the prior sentences. After remanding defendant once again, the court noted that defendant "held up his left hand with the middle finger extended in a gesture[.]"

So how do you think the appellate court ruled? Affirmed. The case is STATE v. TAYLOR, No. A-3326-09T2, Superior Court of New Jersey, Appellate Division. (August 24, 2011). You can read the opinion on Leagle here.

Judges can do many things to end up facing discipline. They can skip out on work too much. They can treat parties poorly. They can disrespect lawyers who appear before them. Or, as a Pennsylvania disciplinary court found regarding Allentown District Judge Maryesther Merlo, all of the above, per The Morning Call.

Regarding attendance:

Merlo had a habit of calling out of work when dozens of hearings were scheduled and litigants, police and attorneys were assembled in her courtroom, her staff testified. According to the decision, Merlo missed 116 days of work from September 2007 to December 2009.

"This is not to mention that on the days when [Merlo] did come to work, she was never on time — she was always late," the court added.

Former Lehigh County President Judge William H. Platt and Court Administrator Gordon Roberts testified their efforts to address her work habits fell on deaf ears. The disciplinary court noted Merlo's explanation that her absences were excused because she never took vacation was belied by the fact she did take 49 days of vacation during the period at issue.

Excellent work habits. How did she treat parties and witnesses?

In one case, Merlo described a young man who appeared in court with his mother on a traffic offense as "a dog who needs to be retrained." In another case, she ordered deputy sheriffs to arrest a woman who had been counseled by her lawyer not to testify to avoid incriminating herself, according to the decision.

[There was also testimony about] bizarre courtroom behavior, including an episode in which she ordered a defendant to call himself "scumbag."

And the court examined Merlo's conduct in 10 cases and found six in which her demeanor constituted a violation of the rules of conduct. Witnesses testified Merlo's behavior was often demeaning, intimidating and offensive.

Okay. But what about Judge Merlo's side of the story?

In each of the six cases, the court found the witnesses who complained about Merlo's behavior to be more credible than the judge.

Doh! That hurts.

The state disciplinary court examined Merlo's demeanor during truancy hearings, noting her practice of continuing cases to give the kids "a second chance" interfered with the district's efforts to discipline students with attendance problems. Her own tardiness set a poor example for the students, the court noted.

Suzette Arcelay, a school counselor, testified Merlo's behavior was often rude and erratic, including an episode in which Merlo told her to "shut up."

Judge Merlo has the option of appealing the findings. You can read more here.

Not many Orders merit a block quote on Legal Juice. This one, from the case of Kissel v. Schwartz ... out of Kentucky, most definitely does. So, without further ado:

“And such news of an amicable settlement having made this Court happier than a tick on a fat dog because it is otherwise busier than a one-legged cat in a sand box and, quite frankly, would rather have jumped naked off of a twelve foot step ladder into a five gallon bucket of porcupines than have presided over a two week trial of the herein dispute, a trial which, no doubt, would have made the jury more confused than a hungry baby in a topless bar and made the parties and their attorneys madder than mosquitoes in a mannequin factory; IT IS THEREFORE ORDERED AND ADJUDGED by the court as follows: 1. The jury trial scheduled herein for July 13, 2011 is hereby CANCELED.”

You like Kenton Circuit Judge Martin J. Sheehan, right? One more thing:

"4. The Clerk shall engage the services of a structural engineer to ascertain if the return of this file to the Clerk's office will exceed the maximum structural load of the floors of said office."

Nicely done sir! Here's the Order

A despicable Wisconsin man pleads "no contest" to molesting four young boys. Before sentencing him (to 7 years), Waupaca County Judge Philip Kirk had some interesting things to say, including the following, as reported by fox11online.com:

In his pre-sentence comments he challenged Delton Gorges' claim of being heterosexual.

"I think you were born gayer than a sweet-smelling jockstrap,” said Judge Kirk.

If you're not scratching your head, then please explain to The Juice exactly what a "sweet-smelling jockstrap" is. There's more.

“I think that if anyone believes that in the last 10 years or 15 years all of a sudden you developed an interest in homosexuality and young boys, then I must have looked ravishing in my prom dress this year,” Kirk said.

Certainly some strange imagery, but the point is well-taken. The judge did, though, express some empathy for the defendant, albeit in a strange way.

At one point, Judge Kirk said he believes Gorges was a victim of society's homophobic attitude, especially considering the era in which Gorges grew up.

“I can't imagine in the '40s or '50s admitting your sexual orientation,” said Judge Kirk. “No one knew there was a closet to come out of in those days. You know you had to be very careful because you could have found your penis floating in the Wolf (River) as walleye bait. It was a terrible life to have to live.”

Say what? You can read more here, and watch a courtroom video of the judge in action here.

Regular Juice readers may recall that this will not be the first post involving a Motion to Continue a trial due to ... a football game! I'm sure it won't be the last, unfortunately.

And just in case you think that maybe The Juice just doesn't like football ... He was spotted at 3 Super Bowls over the years, coincidentally all involving the Redskins ... Furthermore, he was spotted at almost every home Redskins game from 1967 until that painful day in December 1996 (notwithstanding the thrashing of the Cowboys) when the curtains closed at RFK.

Having established his bona fides, let's just say it's not a motion The Juice would ever file (not that there's anything wrong with it ...) Think the judge granted it? Yup, he did. Click here to read the Motion.

Sometimes folks close a door a little loudly by accident. But when you slam a door, you're saying something. When Marbelis Dorado left Judge Chet A. Thorpe's Florida courtroom, she let the door do the talking. And Judge Chet didn't like what he heard. As reported in The St. Petersburg Times:

... the judge had modified her probation as she had asked, but he also read a letter from her probation officer stating that said she regularly defies authority.

Hmm. "Defies authority."

[She] ... punctuated her courtroom exit with a loud thud.

Bad move.

"Go get her," Tharpe told the bailiff, who returned with the woman. "Take her into custody."

"Oh, please!" she told him. "I'm sorry!"

"Hook her up," Tharpe responded.

Clearly hooking someone up has a different meaning in Judge Tharpe's courtroom than almost everywhere else.

So she sat with other defendants, shackled at the ankles and wrists, weeping into her hands.

More than half an hour later, Tharpe found her guilty of criminal contempt, ordered her to anger management and told her to have a nice day.

Not surprisingly ...

This time, she made a more quiet exit.

Click here for the source.

How long was the Complaint filed by a Vancouver, Washington attorney against GMAC Mortgage, et al.? 465 pages! You probably won't be surprised to hear that the Defendants filed a Motion for a More Definite Statement (in laymen's terms, "What?"). Here's a paragraph from the Complaint. Do you think Judge Leighton granted the Motion?

Plaintiffs, for a Fifty-Fourth Claim for Relief, reallege and incorporate herein Paragraphs 1 through 105, including the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Claims for Relief alleged under the federal Racketeer Influenced and Corrupt Organizations Act of 1970 [“RICO”][Title 18 U.S.C.A. §§1961 et.seq.], and the Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-First, Thirty-Second, Thirty- Third, Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, Forty-Third, Forty-Fourth, Forty-Fifth, Forty-Sixth, Forty-Seventh, Forty-Eighth, Forty-Ninth, Fiftieth, Fifty-First , Fifty-Second, and Fifty-Third Claims for Relief.

Okay, now breath. Judge Leighton granted the Motion, using the following prose:

Plaintiff has a great deal to say,

But it seems he skipped Rule 8(a),

His Complaint is too long,

Which renders it wrong,

Please re-write and re-file today.

Nice. Here's the Order.

Should a judge be allowed to clearly flout the Constitution with impunity? The Juice certainly hopes not, because Mississippi Chancellor [a Judge in the Chancery Court] Talmadge Littlejohn deserves, at a minimum, to be reprimanded. Why? A lawyer in his court would not recite the Pledge of Allegiance. And when Judge Littlejohn tried to force him to recite it, attorney Danny Lampley held his ground.

If you think that a judge would know that you can't force someone to say the Pledge, you would be wrong. Perhaps in his reading of the Constitution, Judge Littlejohn skipped the first amendment? So what happened to Mr. Lampley for asserting his constitutional right in a court of law? Per The Northeast Mississippi Daily Journal:

At 10 a.m., Lampley was in jail garb. By 2:30 p.m., Littlejohn ordered his release and return to the Lee County Justice Center to continue their business.

4 1/2 hours in jail! Here are Mr. Lampley's choice words for the Judge:

Lampley said he was worried the judge would send him back to jail.

Simply put, the attorney said he and the judge have a "different point of view" about things, like loyalty oaths and the pledge.

"I have a lot of respect for him," Lampley said, "I'm just not going to back off on his.

"I don't have to say it because I'm an American," he said about the 31-word pledge. "I hope he's not too angry with me."

"It's a problem, but it's for the judge and me to work out."

Yeah, different "points of view." One based on the law, one not. Don't blame Mr. Lampley for not taking on the judge. The man has to represent clients in that courthouse, and before that judge, for years to come. But that doesn't mean the Mississippi Commission on Judicial Performance should let this slide. What did Judge Littlejohn have to say about the incident?

After the hearing, Littlejohn's assistant said the judge had no comment on the matter.

Perhaps the decisions get better as the day goes on... You can read more here.

Perhaps the only time it's safe to laugh in open court is when the judge does. A North Carolina man thought otherwise, and paid for it in a big way. As reported by The Fayetteville Observer:

A Cumberland County judge didn't find it funny when a man kept laughing in her courtroom Friday.

Judge Toni King asked Johnny Montgomery, 47, what was so amusing. According to the Sheriff's Office, Montgomery told her, "It's none of your business."

Um. It is now. Note that Mr. Montgomery was in court for misdemeanor charges "of communicating threats and trespassing."

[Judge] King ordered him removed from her District Courtroom. As deputies searched Montgomery, they found more than 3 grams of crack cocaine on him, Sheriff's Office said.

Oh my. Those misdemeanor charges are looking pretty trifling.

Now [Mr. Montgomery] is charged with felony possession of cocaine. [He] ... was taken to jail where his bail was set at $1,500.

Here's the source, including a photo of Mr. Montgomery.

Maybe it wasn't a very judicial comment, but is it a firing offense? Apparently so. Here's what happened, as reported by the San Francisco Chronicle:

A retired San Joaquin County judge is about to lose his part-time job as a substitute jurist.

California Chief Justice Ron George is declining to renew Judge Peter Saiers' court assignments after July 2. A spokeswoman declined to give the reason, saying it's considered a personnel matter.

So what caused all the fuss?

The Stockton Record reported Friday that Saiers won't be put back on the bench because he used profane language to describe two robbery defendants appearing before him in a 2008 hearing. According to court documents cited by the newspaper, Saiers referred to the men as "lazy (expletive)."

Again with the expletive deleted! The world would end if the paper reported "lazy shits" or "lazy fucks"? I'm sure it's a "family newspaper." Please. Anyway, back to the [former] Judge ...

A state appellate court later ruled that Saiers didn't jeopardize the case, but it scolded him over the comment.

No matter. He got fired anyway, though he has asked the Chief Justice to reconsider. The Juice humbly requests, sir, that you reconsider.

So this judge was being sworn in on Saturday in Ulster County, New York. For this solemn ceremoney, of course he placed his hand on a ... dictionary? True. Seems they couldn't find a Bible. Per The Daily Freeman:

In a light moment during Saturday’s ceremony, Kavanagh had [Donald A.] Williams place his hand on a dictionary, rather than a Bible, for the swearing-in. Williams said later that there was no Bible available and that he didn’t mind using a different book because the swearing-in was merely ceremonial. (He officially became the county’s judge on Friday.)

Here's the source.