Legal Juice

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.

That depends. In this case, the offender had 2 previous drug offenses. He also had hidden over a pound of weed in a washing machine. But, and this was a big "but" for the Judge, the offender is a high-achieving environmental scientist, as reported by The Cairns Post (Australia). So, not only did Isha James Segboer, 34, get off with just 100 hours of community service ...

... Supreme Chief Justice Paul de Jersey took the unusual step of not recording a conviction, despite two previous drug offences, because he did not want to ruin the high-achieving environmental scientist’s career potential to help others.

What what what? [Funnier for South Park fans.] I almost forgot the "cake" defense.

Segboer’s lawyer Bebe Mellick said Segboer had been given the shopping bag of drugs by an associate and had intended to bake a cake out of it because of its poor quality, but had forgotten about it.

Huh? An interesting defense, to be sure. Here's the source.

You may recall the case involving Nevada Judge George Assad, who jailed a guy's girlfriend until he showed up in court. Problem was, she hadn't done anything! (This innocent nurse had just come to court to explain that her boyfriend just started a new job, so he couldn't make it.)

So, in June 2008, the Judge was ordered to apologize. But he didn't send the letter to the Judicial Discipline Commission until over a year later - on July 24, 2009! How was it received by the wrongfully imprisoned girlfriend? We may never know! Per The Las Vegas Sun:

[Ms.] Chrzanowski could not be reached for comment, but her lawyer, Cal Potter, said Wednesday that the apology, coming so many years later, is “hollow” and now “meaningless” to his client. He said he hasn’t been able to locate Chrzanowski, who may have left Las Vegas, to send her a copy of the letter.

You can read more (a fair amount) here.

Clifton Williams could tell you why yawning in Judge Rozak's courtroom is not a good idea. Per the Chicago Tribune:

As Circuit Judge Daniel Rozak handed down [Mr. Williams's] cousin's sentence -- 2 years' probation -- Williams, 33, stretched and let out a very ill-timed yawn.

Williams' sentence? Six months in jail -- the maximum penalty for criminal contempt without a jury trial. The Richton Park man was locked up July 23 and will serve at least 21 days.

Shazam!

"I really can't believe I'm in jail," Williams wrote his family in a letter. "I done set (sic) in this [expletive] a week so far for nothing."

... In the two-story brick home where Williams had been living with his aunt Cheryl Mayfield and caring for his 79-year-old grandmother, family members said they were in shock over the sentence but were unable to afford an attorney to appeal.

"This is ridiculous -- you've got all these people shooting up kids, and here this boy yawns in court [and gets 6 months]. It's crazy," she said. "This could happen to any one of us."

Of course there are 2 sides to every story.

Chuck Pelkie, a spokesman for the state's attorney's office, said the prosecutor in the courtroom that day told him that "it was not a simple yawn -- it was a loud and boisterous attempt to disrupt the proceedings."

... and ...

Observers describe Rozak as running the type of strict courtroom that was common a few decades ago. Defense attorneys say Rozak is "tough but fair" and runs particularly well-managed trials. Rozak has been elected in 2000 and 2006, both times with recommendations from the state bar association.

To read more (a lot), click here.

You're Benjamin J. Marchant, and you're just sitting in a courtroom in Dickson County, Tennessee. You haven't done anything, other than give a ride to a friend who does have some business before the court. And what did Judge Durwood G. Moore do to Mr. Marchant? From a decision by the Tennessee Court of the Judiciary:

While he sat in your court you observed him and ordered your bailiff or police officers in the courtroom to take Mr. Marchant into custody and to administer a drug test on his person. Mr. Marchant was neither a litigant, a defendant or a person who had business before the Court and was a citizen observer. Mr. Marchant at your direction was seized by police officials and required to provide a urine sample which was drug tested. When the drug test was revealed to be negative Mr. Marchant was released. The ordering of the seizure of Mr. Marchant and this testing were illegal and neither statutory nor constitutional basis existed for your conduct.

What the hell was he thinking? The judges in charge of the disciplinary process were pissed. They hammered Judge Moore for violating a slew of Mr. Marchant's rights. But was he booted from the bench?

This public censure represents the highest degree of judicial discipline authorized by law short of the Court seeking a judgment recommending your removal as a judge from office. In the future you are to accord all citizens who appear in your court their constitutional rights and they shall not be seized on your suspicion for unauthorized drug tests. Each individual who appears before you shall be afforded their due process rights and shall be properly charged and noticed before any adverse action is taken against them.

Here's the source. Oh, and he also got censured, the same day, for something else! How many public censures equal a removal in Tennessee? More than two ...

Oh no you didn't just drop the f-bomb in court, Lord Justice Nicholas Wall. He did, to make a point. As reported by the Sun:

Lord Justice Nicholas Wall used the words of English poet Philip Larkin to stress the devastating impact on children when couples keep warring after they split up.

The Appeal Court judge, dealing with a residence order, said he hoped he would give the mother and father a fright because they had both come “within a whisker” of losing their nine-year-old son.

As he ruled the boy could live with the mother, he said the parents had harmed him by their “ongoing mutual dislike and recriminations” for each other following the break-up.

The judge issued a statement overturning a decision by Luton County Court, Beds, at which custody of the boy had been given to his maternal grandparents.

So what about the f-bomb? "Quoting poet Larkin’s 1971 work This Be The Verse, he said:

“They f[uck] you up, your mum and dad. They may not mean to, but they do.

“They fill you with the faults they had, and add some extra, just for you.”

Why the f-bomb?

He said: “These four lines give a clear warning to parents.”

Let's hope so. They've certainly put Lord Wall on the map. Here's the source.

Nobody likes getting a speeding ticket. But how far would you go to beat it? If you are Australian Judge Marcus Enfield (former Judge, that is), you'd go pretty damn far. As reported at abc.net.au (and brought to The Juice's attention by John in Australia), Mr. Enfield got a speeding ticket in 2006. What was his defense?

[H]e claimed his car was being driven by a friend, Teresa Brennan.

Mind you, this was A JUDGE TESTIFYING UNDER OATH. The problem:

It later emerged that [Ms. Brennan] had died in 2003.

Newman! Mr. Brennan pleaded guilty to "making a false statement under oath and trying to pervert the course of justice." He is awaiting sentencing.

Judge Paul Cosgrove was already having a bad day. He was at a meeting of the full Canadian Judicial Council, trying to keep his job. (A panel of 5 judges had voted 4-1 to remove him.) And at that meeting (per the Globe and Mail) ...

Adding to Judge Cosgrove's woes, security was so lax at the Council meeting that a man who managed to plant himself in front of him at one point interrupted the hearing to angrily serve Judge Cosgrove with what he claimed were legal papers.

The man quickly slipped out of the room after calling Judge Cosgrove, “you mother-fucker.”

Think maybe the Judge was proving to be difficult to serve? You can read more (a fair amount) here.

Oh no you didn't just cite Ludacris, federal Judge Terence T. Evans. Okay, maybe "cite" is a little misleading, but still ... from footnote 1 in U.S. v. Murphy

The trial transcript quotes Ms. Hayden as saying Murphy called her a snitch bitch "hoe." A "hoe," of course, is a tool used for weeding and gardening. We think the court reporter, unfamiliar with rap music (perhaps thankfully so), misunderstood Hayden's response. We have taken the liberty of changing "hoe" to "ho," a staple of rap music vernacular as, for example, when Ludacris raps "You doin' ho activities with ho tendencies."

I like it. Here's the full cite (with a link to the case): U.S. v. Murphy, 406 F.3d 857 (7th Cir. 2005).

Perhaps there is one such family. It involves something that has probably never happened before, nor is it likely to ever happen again. On the same day, the New York Commission on Judicial Conduct found that two brothers should be removed from the bench. The North Country Gazette identified the brothers as follows:

Joseph S. Alessandro, a Justice of the Supreme Court, Westchester County, sits in Goshen and Francis M. Alessandro, a Judge of the New York City Civil Court,sits in Bronx County.

Both matters involve dishonesty. You can read the decision on Joseph Alessandro here, and Francis Alessandro here. Each man has 30 days to appeal.

A few days ago, I had a post on Ohio Judge James Heath. He essentially walked after a DUI and a refusal. After having seen the YouTube video of his arrest below, now I am really incensed. Judge Heath repeatedly tried to used his position as a judge to weasel out of the arrest. It's truly nauseating. He was seen weaving and running a red light. He begs, and he begs, and he begs. Then he begs some more. He threatens the officer, saying it will ruin his (the officer's) career. And the officer even reminded the Judge that the incident is being taped!

The Juice does not think a judge should lose his job for a first-time DUI with no injuries, if the judge accepts responsibility for the crime. Judges make mistakes, like everyone else. But when a judge repeatedly, unequivocally tries to use his position to subvert the law, we've left "I made a mistake" and entered "this person can't be trusted with judicial power." Hopefully the judicial disciplinary process will work better than the criminal process did.

How does a Judge who refused to take a Breathalyzer test, and gets arrested for DUI, and has his license suspended for one year, essentially walk? I don't know. But that's what happened to Warren County (Ohio) Common Pleas Judge James Heath.

And on top of that, apparently as recorded in the police video of the incident, Judge Heath tried to weasel out of the DUI. (Warren County Commission Mike Kilburn, who wants Judge Heath to resign, "called the judge girly at an open commissioners' meeting where he showed the police tape of Heath's traffic stop," as reported by The Western Star.)

Here's what happened to that DUI charge and one-year license suspension: the suspension was stayed, and then vacated when Judge Heath pleaded guilty to reckless driving. DUI? What DUI? Here's the source.

Connecticut Judge E. Curtissa Cofield said she had one beer and one mixed drink three hours before her blood alcohol level came in at .17, more than twice the legal limit. What do you think she would say if someone made the same claim in her courtroom?

As reported in The Courant, here's how Judge Cofield was caught:

On Oct. 9 about 10:45 p.m., Cofield sideswiped a parked state police car, occupied by a trooper, with her BMW in a construction zone ...

Instead of being contrite, here are a few things she had to say, as recorded by the police video:

Cofield asked [state police Sgt. Dwight] Washington: "Do you have a reading on my urine test, Negro trooper?"

She refused to sign a form and said: "I'm not signing anything, because when it comes down to the bottom line, who's smarter, me or you? We'll figure it out, won't we?"

"I'm sick of being treated like a freaking Negro from the 'hood," she said. Asked if she had an illness and needed medication, Cofield said, "Negro-itis" and "I need to take anti-Negro, ummm ..."

And this one, which was not in the video, but in the police report:

"Judge Cofield stated that she was the most intelligent person in the room and threatened our careers. ... While speaking on her cellphone, Judge Cofield referred to Sgt. Washington as the 'Head n----- in charge.'"

So what's next for Judge Cofield, Connecticut's first black female judge? The DUI and another charge will be dismissed if she successfully completes an alcohol education program. She's also awaiting word from the Judicial Review Council, which held a hearing on January 26 on misconduct charges against her. Here's the source.

In Italy, you can be a part-time Judge and a practicing attorney. So there were these identical twins, one of whom was a part-time Judge and a lawyer. The other sister had finished law school, but was not a practicing attorney, or so everyone thought.

Seems the Judge (Gabriela Odisio) was double-booked, and asked her sister to stand in for her! And it worked the other way too, with Patrizia sitting as a Judge for her sister. It worked for 3 years! How did they get busted? Slip of the lip. A client overheard them talking about it! For the full story from the Times Online, click here.

Beyond a reasonable doubt, this violates the 8th Amendment's prohibition on cruel and unusual punishment. Seems that Colorado Judge Paul Sacco was tired of seeing the same rockers in his courtroom for noise violations. It was obvious to him that the fines were not a deterrent. So he came up with a new form of punishment, as reported by 9news.com:

"These people should have to listen to music they don't like."

What would that be? Barry Manilow! NOOOOOOOOO! And Barney the Purple Dinosuar! Uncle! I give! Please .... just ..... stop ....

Does it work?

Judge Sacco says it has really cut down on "repeats."

Still, I'm left wondering, do the ends justify the means? Here's the source.

Having been charged with OUI (operating under the influence), Jorge Pinto appeared for a Hearing before Judge James McGovern of Bristol County, Massachusetts. The problem? Pinto was drunk - in court! The Judge was tipped off to this, so he ordered a breathalyzer test. It showed that Mr. Pinto's blood alcohol level was .08, over the limit. And how did Mr. Pinto get to court? He drove!

According to the report in the Taunton Daily Gazette, despite the fact that he knew Mr. Pinto drove to court, Judge McGovern let him go! And?

Minutes later, state police pulled Pinto’s car over and he was arrested for drunk driving after failing several field sobriety tests.

An assist to Assistant District Attorney Casey Smith "for pointing troopers in the direction of Pinto’s car after he left court." But that's not the end of it. There are allegations that Judge McGovern tried to sweep the whole thing under the rug.

Reports say [Assistant County Attorney] Smith told police that upon hearing the information, the judge told her, “Well I assume that [Pinto] will be brought back to this court today for arraignment... and I’m telling you right now I’m inclined to dismiss the entire thing.” ...

According to reports, [Sgt. Thomas] Higginbotham remarked that the interference from the court was “completely out of line and likely amounted to judicial misconduct.”

Is the Judge in the soup?

[District Attorney spokesman Gregg] Miliote said any allegations of wrongdoing by a state judge are handled by the Massachusetts Commission on Judicial Conduct. The agency’s Executive Director Jill Pearson would not say if there is a complaint regarding McGovern.

Click here for the source.

If you're out on bail for some serious crimes, how do you leave the country, without permission, and not get in trouble? Here's how: you're in the Army, and your unit gets called to Iraq (and nobody tells the Judge!) Per the Alabama Press-Register:

In May 2006 a grand jury indicted Sean Sebastian Lane, 33, for enticing a child younger than 16 via a computer, attempting to entice a child younger than 16, two counts of transmitting obscene material to a child younger than 16, and attempting to invite a child younger than 16 to enter a vehi cle, house, office or other place for the purpose of a sexual act.

After police arrested Lane in August 2007, he posted $25,000 bail and was released, according to court records. In May, Lane's attorneys asked Circuit Court Judge Lang Floyd to allow the defendant to leave the state.

"Mr. Lane is on temporary leave from Iraq and is scheduled to report back for duty July 1, 2008," the motion states. Lane, who is from Arizona, was stationed at Fort Rucker, according to one of his attorneys.

Well guess what happened before Judge Floyd could rule on the motion? Lane was deployed to Iraq! His lawyers then asked Judge Floyd to reconsider his denial of the motion. He was not pleased.

"I am shocked someone with the right authority didn't know this," Floyd said about the bond order and pending charges.

So what is the government's position in cases like this?

"We are a nation at war, but however no one is above the law," [Army spokesman Nathan] Banks said. "If it was something that was passed forward, I find it hard to believe that the Army didn't honor it."

What did Judge Floyd decide? (In other words, should Lane be allowed to leave the state?!#@)

Floyd, who didn't rule Thursday, said he planned to contact Army officials to discuss the situation.

And if he sticks to his original decision, refusing to allow Lane to leave the state? Here's the source.

What could a Judge do to please so many men? As reported by the AP:

It won't be last call for ladies' night. A New York federal judge has a tossed out a suit claiming that drink discounts for women discriminate against men. The case was filed by attorney Roy Den Hollander, who also recently sued a university over its women's studies program. The judge ruled that nightclubs are free to set whatever prices they like. Hollander calls the female judge a feminist and contends the dismissal of his suit is another example of anti-male discrimination.

Maybe it was just a coincidence, but the Juice remembers that there always seemed to be more women at the offending bars...

Several parents have accused Cameron County (Texas) Justice of the Peace Gustavo "Gus" Garza of ordering them to paddle or spank their kids in court. Per The Brownsville Herald:

This morning, [Judge] Limas will hear the request for a temporary restraining order against Garza first brought last week by Mary Vasquez and her husband Daniel Zurita, who filed a lawsuit against the justice of the peace, a former state district attorney and special prosecutor.

They allege that Garza compelled Zurita to spank his teen stepdaughter under threat that she would be found guilty of a criminal offense and fined $500 for not attending school unless spanked.

But wait, there's more. Attorney Mark Sossi first filed a petition against Garza on behalf of 2 other minors.

"I wouldn't hit a child with a paddle, particularly one with physical problems," plaintiffs' attorney Mark Sossi told The Brownsville Herald late Tuesday. Sossi was referring to one of the two children, who suffers from a muscular-development birth defect and allegedly was spanked in Garza's court.

The child with the disability is a 14-year-old boy who used profanity toward a school bus driver. The second is a 14-year-old girl who skipped class, Sossi said, shortly after filing his amended petition in district court. The respective parents are Leroy Garcia and Rosa Valdez.

In his original petition, attorney Sossi states that:

"(Garza) has long engaged in this kind of corporal punishment under the authority of his office. Ten years ago when the defendant was a district attorney in Willacy County, he used the color and authority of his office to threaten criminal prosecution unless the parents struck their children with a wooden paddle he owned."

Oh, and ...

The initial petition alleges Garza directed Zurita to repeatedly strike his stepdaughter on the buttocks with a large, heavy wooden paddle fashioned from a thick piece of lumber in open court and in the presence of other adults and juveniles.

Zurita stated in an affidavit that, "I did not feel that I had a choice but carry out the orders of the judge. When I was finished, Judge Garza told me that I had not struck (my stepdaughter) hard enough..."

As you might imagine, these folks are seeking Garza's removal. Click here to read more.

Las Vegas Municipal Judge George Assad got a little carried away. Seems he was upset that one Joshua Madera failed to appear in court to clear up some unpaid traffic tickets. Per the Las Vegas Sun:

When Madera called the court to seek a continuance because he was starting a new job that day, a clerk told him he could not obtain a continuance over the telephone.

So ...

[Ann] Chrzanowski, Madera’s girlfriend, then called the court and was told she could appear in his place.

Strange, but okay ... until she got there, anyway.

When Chrzanowski appeared, [Judge] Assad ordered her to call Madera to tell him to come to court.

“Tell him you’re going to jail if he doesn’t get his butt down here,” the judge said.

Handcuffed, Ms. Chrzanowski called Mr. Madera. Then she was put in a cell! For 2 hours, until Mr. Madera arrived "and arranged a payment plan." What happened to Judge Assad? He is going to have to apologize formally to Ms. Chrzanowski. He got off easy (with just the apology) because the Nevada Supreme Court thought the public censure recommended by the Judicial Discipline Commission was too strong. As for the effectiveness of his tactics:

Madera had not paid any tickets when the discipline commission met in November 2006, seven years after some of them had been issued.

Here's the source.