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Benchslapping Judge... Benchslapped By Higher Judge
from the judgefight! dept
Well, well. We recently wrote about how district court judge Sam Sparks was attracting some attention for his rather humorous, but caustic, "benchslaps" of lawyers whom he felt were misbehaving, including inviting them to a sarcastically named "kindergarten party." We, like others, did wonder if perhaps the judge was going too far. Apparently, some of his superiors felt the same way. After the story showed up on various blogs, the chief judge of the 5th U.S. Circuit Court of Appeals, Edith Jones, who oversees Sparks' district, sent him a private email, which has now been leaked, scolding him for his benchslappings:
"Dear Sam, It has not escaped my attention, or that of my colleagues or, I am told, nationally known blog sites that you have issued several 'cute' orders in the past few weeks. The order attached below is the most recent. Frankly, this kind of rhetoric is not funny. In fact, it is so caustic, demeaning, and gratuitous that it casts more disrespect on the judiciary than on the now-besmirched reputation of the counsel. It suggests either that the judge is simply indulging himself at the expense of counsel or that he is fighting with counsel in what, as Judge Gee used to say, is surely not a fair contest. It suggests bias against counsel. No doubt, none of us has been consistently above reproach in our professional communications with counsel. We are all prone to human error. But no judge who writes an order should allow such rhetoric to overcome common sense. Ultimately, this kind of excess, as I noted, reflects badly on all of us. I urge you to think before you write. Sincerely, Edith Jones."Consider the benchslapper benchslapped. Though, I disagree on one point. It was pretty funny, even if it may not have been appropriate.
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Reader Comments (rss)
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Kind of funny observation
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Re: Kind of funny observation
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Re: Kind of funny observation
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"He risks having his judgements overturned by this sort of action, because he puts plenty of extra stuff in the judgements that could be argued as invalid. It also opens up plenty of potential for appeals based on the judge being biased.
It seems like a pretty stupid thing for a judge to be doing, especially to this level."
Clearly someone above this loose cannon judge feels the same.
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Serious Business
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Frankly, just because you put "Frankly" in front of your opinion does not make it true. Frankly, I don't care if you think dead baby jokes are funny, but your opinion of funny is not a part of your job.
"In fact, it is so caustic, demeaning, and gratuitous that it casts more disrespect on the judiciary than on the now-besmirched reputation of the counsel."
It may "cast direspect on the judiciary" but just to let you know, it is a grain of sand on a mountain for the cynical.
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Those things are not mutually exclusive. I think it's funny, cute, and wrong. I know whores like that as well so I know it doesn't just apply to this particular situation.
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Yeah
Don't worry lady, there aren't very many people who really have a very good opinion of the judicial branch of the government, anyway.
That's kind of like one turd telling the other turd "The large number of flies you have all over you reflects badly on all of us."
Can we please just give texas back to Mexico?
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Judge Sam Sparks should have been more respectful to these lawyers when handing down his rebukes. Not only did he disrespect these lawyers for just doing what their profession (and the law) allows them to do but that the Honorable Sam Sparks ridiculed and disrespected an "officer of the court". If these district court judges expect these attorneys, who appear in their courtroom, to respect their court and their honors, then they must be held to the same level of professionalism that they expect to receive.
His Honor, Sam Sparks, should have worded his rebukes with a little more respect because in this age of social networks, word of his "rebukes" would eventually make it back to the chief justices, or chief judge, which oversees his district court.
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No it doesn't. It just suggests reproach.
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Well, if one cannot take the heat of trial...
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Judicial Misconduct
"THE COURT: They do and I have jurisdiction, too. So I'll tell you what.... You want to challenge the court order, I have the marshals behind me. I can come to your house, pick you up, put you in jail. I can seize your property, do anything I need to do to enforce my orders. I'm telling you don't screw with me. You are a fool, a fool, a fool, a fool to screw with a federal judge, and if you don't understand that, I can make you understand it. I have the force of the Navy, Army, Marines and Navy behind me.
THE COURT: You realize that order is an order of the Court. So any failure to comply with that order is contempt, punishable by lots of dollars, punishable by possible jail, death"
More information about this case is available at http://www.lawinjustice.com
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