JUDICIAL TEMPERAMENT

JUDICIAL TEMPERAMENT

I. INTRODUCTION

a) Identification of participants.

b) Purpose of session.

1) Ethics hour.

2) Exchange ideas on judicial behavior. "Judge's Hat."

II. WHAT IS TEMPERAMENT?

a) Merrian-Webster Dictionary defines temperament as the peculiar or distinguishing mental or physical character determined by the relative proportions of the humors according to medieval physiology.

Also defined as characteristic are habitual inclination or mode of emotional response. b) Common sense definition:

Usual behavior.

****Temperamental is defined as being marked by excessive sensitivity and impulsive mood changes. Unpredictable in behavior or performance.

III. JUDICIAL TEMPERAMENT

a) Judicial Temperament describes a Judges general attitude toward the law, litigants, and other Judges. According to the American Bar Association, Judicial Temperament means that a Judge exhibits "compassion, decisiveness, open-mindedness, sensitivity, courtesy, patience, freedom from bias and commitment to equal justice."

b) The Magistrate Magazine has defined the concept of Judicial Temperament to indicate a person who is capable of approaching disputes with a minimum of pre-conception and a determination to be fair to all involved, who it is difficult to sway by emotive appeals and who will, so far as is humanly possible, set aside his or own views and inclinations in any manner, to render Judgment solely on the evidence and the law of a case.

c) The Philadelphia Bar Association Judicial Commission includes standards for

evaluation for candidates and states that a candidate should possess Judicial Temperament, which includes patience, courtesy, impartiality, even temper, a well-defined sense of justice, compassion, fair-play, humility, tact, common sense and understanding.

d) Our system of justice depends on our citizen's faith and trust that judges will decide disputes fairly and impartially, free from bias or prejudice. Out of respect for the system of justice and the judge's position in this system, judges have traditionally been accorded respect by our citizens. In return, judges must respect all those they interact with, including the parties to the dispute, their attorneys, witnesses, jurors, court reporters, staff and members of the public.

How do judges show respect? In many ways, including the following: by treating everyone with dignity, by being polite and courteous, by listening carefully to the testimony presented and the arguments of counsel, by being (understanding that litigation involves human emotions and that the courtroom is not a familiar or comfortable place for most people), and in general by showing that the judge genuinely cares about the matter being presented, understands that it is an important matter for those involved, and conveys the attitude that he/she will do his/her best to decide the case fairly and objectively, based on the evidence presented and applicable law.

e) Is Judicial Temperament included in the Ten Commandments of Professionalism for Judges?

The Ten Commandments of Professionalism for Judges.

1. Remember the other side of the bench. 2. Engage in dialogue. 3. Listen carefully. 4. Be kind. 5. Be patient. 6. Be dignified, but don't take yourself too seriously. 7. Don't be dismayed when reversed. 8. Remember, there are no unimportant cases. 9. Don't impose long sentences.

10. Do what is right in your heart and in your mind.

(Judge Myron Bright - Federal Appellate Judge Missouri) (Judge Joe Giarrusso)

IV. EXAMPLES OF NEGATIVE "JUDICIAL TEMPERAMENT" 1) A man was forced to appear in Court and took a day off. He was charged with a

minor traffic summons. He grew increasingly restless as he waited throughout the day for his case to be heard. When his name was called late in the afternoon, he stood before the Judge only to hear the Judge state that Court was adjourned until the next date and he would have to return the next date. The man became angry and stated "what for?" to which the Judge, was very tired from a very tideous day, roared "$20.00 contempt of court, that's why!"

The man began checking his wallet and the Judge felt sorry for him and the Judge said that's all right, you don't have to pay right now, to which the man replied, I'm just seeing if I have enough money for two more words.

*** Lack of patience.

2) A judge who was captured on video berating and threatening to fight an assistant public defender was ordered removed from the bench Thursday by the Florida Supreme Court, instead of a four month suspension and $50,000.00 fine.

The Judge got into an argument with a public defender over whether a defendant could have a speedy trial.

In video and audio recorded inside the courtroom, the Judge is heard expressing frustration at the public defender after he announced his intention not to waive the speedy trial right of his client.

After the public defender responded that he had the right to be there and was representing his client, the judge said, "I said sit down. If you want to fight, lets go out back and I'll beat your (expletive)."

The two men could then be seen leaving the courtroom and entering a hallway. Moments later, Murphy is heard remarking, "All right you, you want to (expletive) with me?"

*** Lack of courtesy, patience, commitment to equal justice.

3) The husband and wife became increasingly "nit picky" about each and every issue, many bordering on the ridiculous, causing the Judge to call them "messy people."

Lack of sensitivity and lack of courtesy.

4) Litigant in contested divorce proceeding refuses to allow his four year old daughter to attend Halloween festivities with the mother based on his religious principles. When the Judge indicates that the child would have fun, the litigant points his finger at the Judge and begins quoting from the Bible, causing the Judge to respond, "it is not about religion it is about a little girl having fun."

*** Lack of open mindedness, sensitivity and patience.

5) Pre-Trial Conference scheduled for sole purpose of selecting trial date. Case pending in Iberville Parish. Plaintiff's attorney is from Marksville and defense attorney is from Lafayette. Plaintiff's attorney calls the Judge's office asking for permission to schedule the matter by phone, which request is rejected. Both attorneys appear in the office of the Judge at 1:30 p.m. as scheduled, however, the Judge, who is alone in his office, does not see the attorneys until 3:40 p.m. Attorneys walk in and Judge says your trial date is such and such to which one of the attorneys says, "can I check my calendar?" The Judge says, "no this is the trial date you better be here, now get out of my office."

*** Lack of courtesy, patience and commitment to equal justice.

6) Sixteen year old charged within governable behavior and being a Runaway Juvenile. When asked where he slept last night respond "in a bed," etc.

7) Lawyer tells Judge - "This is a kangaroo Court and you are a kangaroo Judge."

8) During argument, attorney continuously interrupts the Judge.

9) Social media.

10) Repeated attempts at ex-parte communication.

IV. CAUSE RESULTING IN A LOSS OF "JUDICIAL TEMPERAMENT"

a) Bad lawyering.

*** Tardiness. *** Lack of preparation.

*** Poor questions. *** Other.

b) Judge baiting.

*** Direct criticism of rulings. *** Indirect criticism of rulings.

*** False glory.

c) Inappropriate behavior by litigant and/or witness.

*** Attire. *** Noise.

V. TOOLS OF THE TEMPERAMENTAL TRADE

VI. CONCLUSION

a) Be patient. b) Remember what it was like to practice law. c) Don't dodge a hot potato case just because it is HOT. d) Be nice.

COURT

BILLY BENNETT JUDGE, 12TH JUDICIAL DISTRICT

AVOYELLES PARISH 15th DAY OF JANUARY, 2016

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