Pope Stephen VI is considered one of the worst Popes of all time.
He had the corpse of his predecessor dug up so he could put it on trial for blasphemy.
He actually had an attorney appointed to him. Guess, what?
The dead pope lost the trial.
The next time you’re complaining about a client who’s in your ear the whole time during a trial think about the poor sap attorney who had to sit next to a rotting body. That client didn’t say a word to his attorney!
I bring this up because I got to thinking that your competition is not the only one who may not be religiously following the case law.
Sometimes your judge can be wacky and have absolutely no desire to follow the cases and have even less interest in the cases you cite in your hearing.
What to do in these situations?
some judges may not be good stewards of the law.
If you ever find yourself in that situation you have to remember that more likely than not the true stewards of the law will be found one level above your trial judge.
The appellate judges may be the ones that finally listen to your arguments. It’s at the appellate level that you’ll be rewarded for your loyalty to the case law.
I feel confident about this because appellate judges are the ones who get to decide what the case law actually is.
There the ones deciding between rule 23 cases (garbage dump cases) and real released opinions (citable case law). I once heard an appellate judge talking about how they decide what to release as a published opinion.
They take that very seriously.
They understand they are making law and setting rules when they formally publish a case. They actively look for fact patterns that break new ground or rulings that are intended to pivot or clarify a cloudy rule.
It’s the luck of draw at the trial level.
One level up is where the real monks of the case law can be found.
So, make a record.
Push your “Stephen the VI” trial judge to clarify as much as possible, for the record, and by all means try not to get yourself held in contempt.
You still have time to join the Premium Nuggets and get a chance to win a copy of my Jurybook.
Use this discount link to join now:
Samuel Partida, Jr.