Brown & Little, P.L.C. » Practice in General
Judge Shopping
Sometimes a judge will reject a plea because he or she feels it is too lenient. In fact, I can think of a few judges who do it frequently, and Arizona’s rules contain more than one provision that can be read to permit a change of judge in that situation. After a change of judge occurs, in most instances the plea will be changed and presented to a new judge. However, some judges are willing to accept the old plea without any changes at all. The judges who require some change to the plea are usually adamant about the fact that using the same plea again constitutes “judge shopping” and isn’t allowed. I’ve yet to figure out whether there is in fact a rule against it in … Read entire article »
Filed under: Practice in General, Procedural Rules
Courtroom Manners
In a certain jurisdiction where I regularly find myself practicing, defense attorneys line up to call their cases. Generally, it works out well. If I have a quick matter, like a continuance, the other attorneys let me go first. If I know I’m going to be there for a while, I’ll let other attorneys go ahead. Of course, my primary concern is what my client wants. If my clients want me to call the case as soon as possible, unless there’s a compelling reason not to, that’s exactly what I do. A couple months ago, an attorney showed up (I was the first person in the courtroom, but I was speaking with the bailiff) and went straight to the front. His entire demeanor was arrogant … Read entire article »
Filed under: Practice in General, Professionalism
Rules v. Standard Practice
Recently, I amused a judge because I followed the text of a rule of criminal procedure instead of doing what everyone else in the jurisdiction does. He told me I deserved a “gold star,” and I’m not sure how I feel about that. According to the rule, which is very clear, I was responsible for editing a copy of a physicians report within 24 hours of receipt and returning it to the court so it could be made available to the State. Apparently, most attorneys just get the report, redact it at their leisure, and give it to the State a day or so before the hearing. At every step of a case, I tend to look at the governing statue or rule whenever there might be a … Read entire article »
Filed under: Practice in General, Procedural Rules, Professionalism
Recent Comments