Interesting article.
In his/her courtroom the Judge has almost god -like powers and can run a tight ship in which he is an absolute dictator, or just be arbitrary. I've been in the Courtroom of judges who were so obnoxious and so nonjudicial as to *****. It is rare that a judge who holds a lawyer in contempt of court (and acts in moderation with the punishment) is going to be reversed.
On the naked transcript the actions of the judge look much more benign than they might in fact be. The Appellate court is going to bend every effort to protect the judge. Thus, a single smart remark said in jest can sustain a fine or even a short stay in a jail cell for an attorney. Thus, one of the first things that a lawyer learns is to be measured in his/her speech to the court. You thus will hear: "if the court pleases" or your honor this or that. "yes sir" or "no sir" pollute the conversations especially when you are talking to a semi moron who get lost between his bench and chambers.
When you are in a 'wired case' you have to be especially careful. This situation is what makes the Amu case so obscene. Not one judge held him in contempt or even attempted to protest innocence of Amu's charges. Not one even bothered to come into court to testify against him. Quarterback Brady with absolutely zero evidence against him proving his culpability had more evidence against him than Amu. Amu got a three year suspension!
Thus, I've suggested that Amu was convicted of practicing law while "Black!"
Contempt of Court may be purged. It is a good idea when you have a low=life sitting on the bench to quickly apologize to the insecure bastard in black robes even if he is dead wrong and you are 100% perfect in every way. Few of us measure up to Mary Poppins!
My own situation is unique in that I've had as trial judges some of the best in the business and my practice allowed me to enjoy a much more sedate competence on the part of the jurist than most practicing attorneys. Even when I had to appear out of state I had the pick of the liter!
Even though it appears to beat a dead horse, my practice was unique in the fact that by the luck of the draw more often then not I was assigned to a judge who had a sense of humor. In fact in my situation I was lucky to more than once find one of the incompetent jurists in good humor. When I appeared before a 'wired judge' it was usually open season.
In a domestic relations case, my client was a architect who built high rise buildings along Lake Shore Drive. He was a man about my own age who kind of let success to his head. His wife was one of the "Playmates of the Month" and the assignment of the case induced half the lawyers in the county to purchase the edition of PLAYBOY magazine that published her images.
The case came up for hearing and the "wife" showed up in the shortest mini skirt that can be imagined. She entered the witness box and sat down crossing her legs in such a manner that should have been illegal. She positioned herself in such a manner that was distracting the judge. I knew that I had zero chance of winning anything. With those legs as exhibit 1 I could not convince the trier of fact that we were in 'whatever county' we were in much less prove that we were *****.
I solved the problem. I had my client remove his sport coat, and I took it and gently covered the area of his wife's anatomy that was distracting the judge. You would have enjoyed the look on his face and been delighted with the look on her face. Her lawyer had a senior moment when she positioned herself and was standing their mesmerized. (the judge called a recess immediately and we three retreated into chambers. The case settled almost immediately. What was amusing to me was the fact that the scene we witnessed was not ignored totally. As I am my client left the courtroom his ex=wife was expressing some degree of anger directed toward both he and me - she did not approve of my solution to her display.)
The judge could have declared me in contempt - but, *****
Ken Ditkowsky
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