Monday, October 24, 2016

Judge's bizarre and disturbing behavior results in a new trial

Continuing on last week's topic of the bailiff protects the judge, there are some judges whose behavior must really frustrate their bailiffs.

For example, several years ago in one local court where I frequently had cases, one the judges would come down from the bench and walk around the courtroom.  Now this is relatively common for adoption cases and drug court "graduations", because the parties want a photo of themselves with the judge as they begin their new life.  But bailiffs in those courtrooms know what to expect.

It is absolutely not common for a judge in any other setting to leave the bench for an excursion around the courtroom while court is in session.

 
Here's a news article about a judge in Louisiana who wandered around the courtroom DURING A JURY TRIAL!  And that wasn't the worst of this judge's behavior.  He acted favorably toward the defense witnesses, and appeared bored with Plaintiff's witnesses.

“Judge Ellender’s insidious actions of leaving the bench, wandering around the courtroom, looking out the windows, eating candy and otherwise failing to pay attention to the proceedings communicated to the jury in a non-verbal way his opinion that the trial was not serious and could be treated as a joke....”

And apparently this was the THIRD time this judge was disciplined for this type of behavior.

The Louisiana Supreme Court rule that the plaintiffs were entitled to a new trial because the trial judge’s behavior created a miscarriage of justice.

Ya think??!

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