from the captain-justice dept
Justice noted in his response that the court had no authority to ban the term's use in the courtroom and that doing so would be a first amendment violation. However, should the court disagree, he had some requests:
First, the Defendant no longer wants to be called "the Defendant." This rather archaic term of art obviously has a fairly negative connotation.... At trial, Mr. P. hereby demands to be addressed only by his full name, preceded by the title "Mister." Alternatively, he may be called simply "the Citizen Accused." This latter title sounds more respectable than the criminal "Defendant." The designation "That innocent man" would also be acceptable.It appears the snark is strong with Captain Justice. Perhaps some will say that such an obviously sarcastic and ridiculous response is unbecoming of an officer of the court. To hell with those people. How else is a sane person supposed to respond to an equally ridiculous request from the prosecutor? Not wanting to be referred to as "the government" when you are "the government" is silly. Captain Justice's sign off sums the request up nicely.
Moreover, defense counsel does not wish to be referred to as a "lawyer," or a "defense attorney." Those terms are substantially more prejudicial than probative. See Tenn. R. Evid. 403. Rather, counsel for the Citizen Accused should be referred to primarily as the "Defender of the Innocent." This title seems particularly appropriate, because every Citizen Accused is presumed innocent. Alternatively, counsel would also accept the designation "Guardian of the Realm." Further, the Citizen Accused humbly requests an appropriate military title for his own representative, to match that of the opposing counsel. Whenever addressed by name, the name "Captain Justice" will be appropriate.
WHEREFORE, Captain Justice, Guardian of the Realm and Leader of the Resistance, primarily asks that the Court deny the State’s motion, as lacking legal basis. Alternatively, the Citizen Accused moves for an order in limine modifying the speech code as aforementioned, and requiring any other euphemisms and feel-good terms as the Court finds appropriate.Hopefully the court will act sanely and not try to muzzle an attorney over such a specious claim. On the other hand, reading about the ongoing adventures of Captain Justice would be rather entertaining.