Yesterday was arraignment day in Northampton County Courtroom #1. That's our historic and ceremonial courtroom, with portraits of scowling dead judges littered along the walls between colossal windows and a ceiling that rivals the Tower of Babel in size. The well of the court has plush carpeting and a mammoth mahogany bench for the court en banc, although there are now more judges than room for them all to sit there together. There's an ornate jury box with cushioned chairs. The well also includes a ring of cushioned chairs and a few benches at which lawyers can be seated. Everyone else is an untouchable and must sit in one of many hard wooden pews that make their way from the well to the back. It's very much like a church, except the priesthood consists of judges and lawyers. When a robed judge marches in, everyone must rise until told they may be seated. During yesterday's arraignment, 33 pages of criminal defendants were formally notified of charges against them and were asked how they intend to plead. It's a cattle call but can be very intimidating for people stepping foot inside a courtroom for the first time. Yesterday's call of the list (which is what arraignments are called) may have been intimidating for some lawyers as well.
Judge Sam Murray handled yesterday's arraignment. But instead of starting off by calling the names of the numerous defendants, he had an announcement. At the request of the President Judge, he wanted two people who are named as witnesses in a federal lawsuit to identify themselves.
This federal lawsuit in question is a civil rights action filed by former custody master Lissa Tresslar on April 5 against Northampton County Court alleging wrongful termination and retaliatory actions for her free speech in criticizing the way that custody matters were being handled. That matter is currently in discovery.
Tresslar is currently employed as an assistant District Attorney, but her role insulates both her and the courts. She handles the numerous appeals before the Superior and Supreme Court and thus has no contact with the county judges.
But yesterday, perhaps in an abundance of caution, the courts wanted two witnesses in Tresslar's lawsuit to identify themselves. Those two witnesses, like Tresslar, happen to be prosecutors. One of them was "devastated" after being publicly outed. Some attorneys, who themselves are potential witnesses, delt this was an attempt by the courts to intimidate them and make them less reluctant to testify.
More likely, the court was simply trying to determine if there are situations in which an individual judge assigned to a matter involving that lawyer might feel compelled to recuse himself or herself.
Frankly, I fail to see how a lawyer's involvement as a fact witness in a wrongful termination lawsuit has any bearing at all on the administration of criminal justice. Moreover, it appears that the court could easily have applied less intrusive methods of establishing who may have knowledge of facts in a totally unrelated matter. This could easily be accomplished via colloquies on the record between the judge, prosecuting attorney, defense attorney and defendant. There was no need to bring this out in a courtroom filled with hundreds of people.
Unfortunately, I do not have the transcript of what occurred and am going by reports from third parties. I'll have more details when I review it.
Basically, I find no fault with the court's attempt to determine whether there is a need for recusal. I just think it went about it with a buzzsaw.
9 comments:
Shame on Sam. He should have told Dally to do his own thuggery, no ?
Don't worry. I am sure Baratta and his "robust code of ethics" will make everything right in the world.
What about the three defense attorneys who Judge Murray failed to individually identify and have them raise there hands like elementary school for the 150-200 people. Judge said that there were 2 ADA and 3 defense counsel that were on the witness list. Those defense attorneys were going to be handled individually when they appeared before the court. None of those Das were appearing before Judge Murray - it was the call of the list. Clear attempt to intimidate the witnesses and the DA's office - otherwise all witnesses would have been treated equally.
Judges in NORCO sound like a satanic cult.
"Unfortunately, I do not have the transcript of what occurred and am going by reports from third parties."
Guys, he isn't saying it happened the way he is describing it. He is just reporting that it happened. Apparently there is a difference.
5:39, I have known both of these judges long before they were judges and that is why I do not believe for a minute that there was any ill intent. I do believe more thought should have been put into how to go about this.
9:03, It will be interesting reading. This is what I do not get. I could appreciate getting on the record that someone is in a lawsuit involving a judge and have some discussion about whether the judge can handle a given case, but that can be done on the record in that case, not before a massive audience. I will add that any lawyer who allows himself or herself to be intimidated by this should not be practicing law. Once you allow a judge to intimidate you, it's all over.
9:12, I am making clear that I was not there and am relying on what I was told by others who may or may not have minor details wrong. We all remember things differently. I will be looking at the transcript.
It is just a typical Lamont McClure administration run county. CORRUPTION TO THE BONE.....
Say something and they are coming for you. I have heard administrator say they can't talk because of retribution, I have heard Tom Tosti say the same. Fun two sides of the fence have the same opinion. I would say it's true.
And don't come at me with this he doesn't run the courts and she dropped the county side. It was the old two step and the court is finally pulling the sheets back.
Post a Comment