Re: LTE 2.0
Posted: March 3rd, 2015, 12:40 pm
Recently, I went to superior court for a plea hearing. I arrived at 9:00 a.m. Calendar call was scheduled for 10:00 a.m. The assistant district attorney sent me away, telling me that he had several jury trials ahead of my plea hearing, and that he would call me and let me know when to come to court. I gave him both my office number and my cell number.
At 2:15 that afternoon, I got a call from his legal assistant, asking me to come to court. I arrived in the courtroom at 2:30. The judge was handling a matter with an unrepresented defendant when I arrived.
Then, the judge turned to me and told me that he had been waiting for me for 45 minutes. I told him that I had just gotten the call at 2:15. He said, "The assistant district attorney tells me that he called you at 12:00 noon." I told him that my call hadn't come until 2:15. The judge wouldn't let me speak with my client in an interview room; he wouldn't let me speak with the D.A. to finish working out the deal (my client had a plea deal for "attempted common law robbery," but the ADA told me that he was revoking this deal because my client had gotten charged with something else in the meantime.) We needed to reflect the new plea agreement on the Boykin (plea) form.
"You can meet with your client right here at this table," the judge told me, gesturing to the defense counsel's table. We started the plea hearing. When my client told the judge that he hadn't had an opportunity to go over the Boykin (plea agreement) form with his attorney, the judge stopped the hearing and allowed us to confer (in public, in front of everyone, including the ENTIRE jury pool for the county that week).
During the sentencing phase, the ADA didn't tell the judge about my client's pending charges. Neither did I, but that's not my duty or obligation. It belongs to the prosecutor. At the end of the sentencing (probation) the ADA told the judge, "He can't be on probation because he has pending charges." The judge then said, "You could have saved all of us at least 10 minutes if you'd mentioned that to me earlier."
After the hearing, I went back in to lock-up with my client. I explained to him what was going on. When I finished, the judge was in the hallway. He said to me, "Why weren't you here? We have waited for you. You need to understand that I have a courtroom full of taxpayers and they don't want to see us wasting their time." I told him that I had showed up an hour early for court in the morning, and that the ADA had sent me back to my office with a promise that he would call me when he was ready for our hearing. I showed the judge my telephone and told him that I hadn't gotten any messages or calls from the ADA on my cell phone. I told him that the first call I had gotten was at 2:15 at my office.
The judge told me, "That D.A. threw you under the bus, didn't he? You need to talk to him." So, I went over to the prosecutor's table to speak to the ADA. And then, the judge called court to order, so I whispered to the ADA, "Call me. We need to talk." And then I left the courtroom.
The DA called me later that afternoon. It seems as though after I left the courtroom, the judge went on the record about our matter and accused the ADA of not having full candor with the court. And wouldn't you know it, as the DA reached me on my cell phone, the voice message that he had left me at 1:28 p.m. also pushed through on my phone.
So, he HAD been honest with the judge. He had left a message with me on my cell phone. And I had been honest with the judge, too. I hadn't received the message (until 4:11 that afternoon).
A few days later, this little nugget appeared in our daily paper in a feature called "Bless Your Heart," in which subscribers can anonymously air their petty grievances:
At 2:15 that afternoon, I got a call from his legal assistant, asking me to come to court. I arrived in the courtroom at 2:30. The judge was handling a matter with an unrepresented defendant when I arrived.
Then, the judge turned to me and told me that he had been waiting for me for 45 minutes. I told him that I had just gotten the call at 2:15. He said, "The assistant district attorney tells me that he called you at 12:00 noon." I told him that my call hadn't come until 2:15. The judge wouldn't let me speak with my client in an interview room; he wouldn't let me speak with the D.A. to finish working out the deal (my client had a plea deal for "attempted common law robbery," but the ADA told me that he was revoking this deal because my client had gotten charged with something else in the meantime.) We needed to reflect the new plea agreement on the Boykin (plea) form.
"You can meet with your client right here at this table," the judge told me, gesturing to the defense counsel's table. We started the plea hearing. When my client told the judge that he hadn't had an opportunity to go over the Boykin (plea agreement) form with his attorney, the judge stopped the hearing and allowed us to confer (in public, in front of everyone, including the ENTIRE jury pool for the county that week).
During the sentencing phase, the ADA didn't tell the judge about my client's pending charges. Neither did I, but that's not my duty or obligation. It belongs to the prosecutor. At the end of the sentencing (probation) the ADA told the judge, "He can't be on probation because he has pending charges." The judge then said, "You could have saved all of us at least 10 minutes if you'd mentioned that to me earlier."
After the hearing, I went back in to lock-up with my client. I explained to him what was going on. When I finished, the judge was in the hallway. He said to me, "Why weren't you here? We have waited for you. You need to understand that I have a courtroom full of taxpayers and they don't want to see us wasting their time." I told him that I had showed up an hour early for court in the morning, and that the ADA had sent me back to my office with a promise that he would call me when he was ready for our hearing. I showed the judge my telephone and told him that I hadn't gotten any messages or calls from the ADA on my cell phone. I told him that the first call I had gotten was at 2:15 at my office.
The judge told me, "That D.A. threw you under the bus, didn't he? You need to talk to him." So, I went over to the prosecutor's table to speak to the ADA. And then, the judge called court to order, so I whispered to the ADA, "Call me. We need to talk." And then I left the courtroom.
The DA called me later that afternoon. It seems as though after I left the courtroom, the judge went on the record about our matter and accused the ADA of not having full candor with the court. And wouldn't you know it, as the DA reached me on my cell phone, the voice message that he had left me at 1:28 p.m. also pushed through on my phone.
So, he HAD been honest with the judge. He had left a message with me on my cell phone. And I had been honest with the judge, too. I hadn't received the message (until 4:11 that afternoon).
A few days later, this little nugget appeared in our daily paper in a feature called "Bless Your Heart," in which subscribers can anonymously air their petty grievances:
And to think that the judge was worried about wasting the taxpayers' time."BYH to the employees of the courthouse who have to be belittled in Superior Court. As I sat in jury duty today I can’t understand how a judge has so much lack of respect for prosecutors and defense attorneys."
