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Rather Than Accept Responsibility, Local Judge Punishes Lawyers For Pointing Out Her Mistakes

This judge manages to screw up at multiple junctures.

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Make no mistake, a mouthy defendant determined to keep objecting throughout a hearing can be a headache for everyone else involved. A judge trying to manage the orderly flow of justice has to find a way to balance the constitutional rights of an agitated defendant fighting for their future with the need for decorum. There are many tools in a judge’s arsenal to keep things running smoothly. Robbing the defendant of basic human dignity is… not the best one.

This story comes from Louisiana, where defendant Michael Duhon kept making objections during his own sentencing:

According to court minutes, Duhon objected when the judge asked him to stop submitting motions on his own behalf in the case instead of through his attorney. He objected again when evidence was submitted. He attempted to offer arguments against the inclusion of the evidence and was told to speak through his attorney.

Without passing judgment on the quality of the evidentiary arguments he was trying to make, at least he’s trying to make a point. This isn’t a guy just yelling “LIAR!” at witnesses and creating a scene — he’s actually trying to press his case, however bad he may be at it.

Judge Marilyn Castle could have responded to these outbursts any number of responsible, judicious ways, but instead decided to have her bailiff do this:

After requesting at least twice for Duhon to remain quiet, Castle ordered the bailiff to tape Duhon’s mouth shut during witness testimony.

Thankfully, Duhon’s public defender was there to object and suggest that, you know, Duhon be removed from the courtroom for his lack of decorum instead of treated like an extra at Abu Ghraib.

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Rather than own up to her own judicial temperament failures, Judge Castle has since launched an effort to punish literally anyone else who might have caught her debasing her office:

Public defender Michael Gregory, who does not represent Duhon but was present in court at the time of the incident, is facing potential contempt charges for filming the encounter on his cell phone, according to court minutes.

…

Minutes also show “the Court further ordered that all filming dissemination from this court proceeding must be retrieved/destroyed….”

A stellar example to set for criminal defendants — if you commit a transgression, the most important thing is to eliminate all the evidence and drop the hammer on the witnesses. Castle fined Gregory $100 and banned him from using a cellphone in the courthouse for six months. After all, he can’t be trusted to not catch her in some other embarrassing situation.

As you might imagine, Gregory is going to appeal.

Lafayette judge orders man’s mouth duct-taped during sentencing hearing [Acadiana Advocate]
Lawyer Gets in Trouble Over Duct-Tape Incident [Newser]

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