On October 21, 2014 the Daily Record reported the five day suspension of Baltimore City Circuit Judge Lynn Stewart Mays. As the article describes, she was sanctioned for a lack of decorum in her courtroom:
What is missing from this reported exchange is whether counsel and the bench already had a lengthy exchange of the law and facts, and whether counsel was simply pushing beyond reasonable argument.
And when the judge is wrong, we appeal.
But decorum is generally defined as the "dignified propriety of bahvior, speech, dress, etc." As lawyers, we dress formally, we call the judge "your Honor," And we don't shout or interrupt opposing counsel or the Court. This is the expected conduct to aid highly controversial and emotional matters to be resolved in an orderly fashion. The Maryland State Bar Association publishes a code of conduct for lawyers on this very subject.
The reciprocal obligation is visited on the judiciary to
All of us who appear regularly in court must joust with some judge that is having an off day. We don't know whether their dog died, or if they just missed a second cup of coffee. We just deal with it.
Some judges allow themselves to be baited into bad behavior, like the judge who awarded 300 days of jail to a verbally combative defendant. In the most extreme case, one judge pursued a lawyer into the hallway and punched him.
What is missing from the reported exchange between Judge Mays and Ms. Kamins is whether counsel and the bench already had a lengthy exchange of the law and facts, and whether counsel was simply pushing beyond reasonable argument.
And when the judge is wrong, we appeal. But when the judge is rude or disrespectful to our cause or client, we often must stand in respectful silence. To do otherwise breaches counsel's own obligation to maintain decorum.
Within the broad spectrum of bad judicial behavior, this falls on the bland side of the scale. I am sure Ms. Kamins was not much bothered as anyone regularly appearing in the Circuit Courts develops a thick skin. But may all members of the judiciary and Bar continue to work harmoniously to move our clients' matters through the system without unnecessary acrimony, and with just a bit of decorum.
At a post-conviction hearing in the second case, Mays told defense attorney Rachel Kamins on Jan. 23, 2013, to stop arguing “with the court because you’re going to lose. I don’t care if I’m right, wrong, indifferent. I could be speaking Swahili, you’re going to lose. You know why? One, I’m the judge, Two, I’m the judge. Three, I’m the judge,” the commission stated.All of us who appear regularly in court must joust with some judge that is having an off day. We don't know whether their dog died, or if they just missed a second cup of coffee. We just deal with it.
What is missing from this reported exchange is whether counsel and the bench already had a lengthy exchange of the law and facts, and whether counsel was simply pushing beyond reasonable argument.
And when the judge is wrong, we appeal.
But decorum is generally defined as the "dignified propriety of bahvior, speech, dress, etc." As lawyers, we dress formally, we call the judge "your Honor," And we don't shout or interrupt opposing counsel or the Court. This is the expected conduct to aid highly controversial and emotional matters to be resolved in an orderly fashion. The Maryland State Bar Association publishes a code of conduct for lawyers on this very subject.
The reciprocal obligation is visited on the judiciary to
...be courteous, respectful and civil to lawyers, parties, witnesses, and court personnel. We will mainntain control of all court proceedings, recognizing that judges have both he obligation and the authority to ensure that judicial proceedings are conducted with dignity, decorum and courtesy to all.
All of us who appear regularly in court must joust with some judge that is having an off day. We don't know whether their dog died, or if they just missed a second cup of coffee. We just deal with it.
Some judges allow themselves to be baited into bad behavior, like the judge who awarded 300 days of jail to a verbally combative defendant. In the most extreme case, one judge pursued a lawyer into the hallway and punched him.
What is missing from the reported exchange between Judge Mays and Ms. Kamins is whether counsel and the bench already had a lengthy exchange of the law and facts, and whether counsel was simply pushing beyond reasonable argument.
And when the judge is wrong, we appeal. But when the judge is rude or disrespectful to our cause or client, we often must stand in respectful silence. To do otherwise breaches counsel's own obligation to maintain decorum.
Within the broad spectrum of bad judicial behavior, this falls on the bland side of the scale. I am sure Ms. Kamins was not much bothered as anyone regularly appearing in the Circuit Courts develops a thick skin. But may all members of the judiciary and Bar continue to work harmoniously to move our clients' matters through the system without unnecessary acrimony, and with just a bit of decorum.
