From today's news on MSN & HuffPost;

Arrogant judge orders female Public Defender Handcuffed for being "disrepectful.

http://www.msn.com/en-us/news/us/judge-handcuffs-defense-attorney-in-court-to-teach-her-a-lesson-for-speaking-out/ar-BBtA9RS?li=BBnbfcL


After I read this, I thought "This arrogant prick sounds like a Utah mormon." Googled & sure enough- BYU, RM, full meal deal. I hope they remove this asshole.


http://www.lasvegasjusticecourt.us/judges/biographies/judge_conrad_hafen.php

Woman of color...

Based on the transcript, I'd say he was out of line.

This reflects poorly on him and could impact her career favorably.

Yep. How dare a woman (and not white or delightsome) stand up to a priesthood holder.

and if he'll win.

Looks like he's up for reelection this year.

http://www.reviewjournal.com/politics/elections/las-vegas-justice-the-peace-department-14

And, his challenger is.....a woman. I hope she kicks his ass.

From briefly skimming the article, it looks like the judge was in the wrong. OTOH when a judge tells you to stop talking it is probably in your best interest to stop talking. Any mistakes he makes can be brought up on appeal.

Yes, in my experience the judge gets to interrupt a lawyer whenever he chooses. It happens all the time and is often done in a demeaning way. There is no question where the power lies. I have seen attorneys verbally ripped to shreds for less that that attorney did.

Having said that, handcuffs? It would have been more appropriate to move to another defendant and let the attorney cool down. If that didn't work, the judge could find her in contempt and fine her a few hundred dollars. That would be appropriate. But a physical, humiliating demonstration of his power? I find that deeply, deeply offensive.

A lot of people in the justice system, from cops to judges, are on power trips. That judge seems to be a prime example. I wonder if he has every handcuffed anyone else and, if so, whether that person was white or male. Doubt it. I hope he gets voted out of office but imagine that his prejudices are not too far from those of his constituents.

Thanks for your informed POV.

'get's to' and should / shouldn't are Two Different Items...


just sayin'

I hope she files an EEO complaint with the bar association.

Or whoever oversees judges in Nevada.

He is way over the line!

:/



Edited 1 time(s). Last edit at 05/28/2016 05:01PM by Amyjo.

Do U really think that anyone Dares to oversee judges in the IMW?

pretty naïve, if U ask me; to be a "judge" is the highest calling in Mormondumb!

EEO is under federal jurisdiction and oversight.

She could file her complaint directly through them if the underlings are "untouchable."

The fact is if she were singled out based on her sex or her race, either of those are bases for filing an EEO complaint, and that covers governmental agencies not just the private sector.

In a UK court she'd have been sent to the cells. And/or fined for contempt.

Interesting view on this case http://www.atlredline.com/when-handcuffing-a-lawyer-in-your-courtroom-is-the-righ-1778724784

wonder if he is related

Bruce Hafen was Dean of the Brigham Young University Law School from 1985-1989. From 1989 until the time of his call as a General Authority, he served as the Provost at BYU-Provo.

http://www.law2.byu.edu/faculty/profile.php?id=182

IF there was a guilty finding (just before this happened), the atty should pay attention to the judge, but also judge should listen to Everything atty says & not cut her off; all defendants have a right to be heard (thru their atty if they have one).

handcuffs seem extreme short of stopping violence

She just kept rudely interrupting him. I mean the judges job is to be in charge if the courtroom, and she didn't really seem to respect that.

Her handcuffed time out isn't that big of a deal.

I feel more sorry for the guy on parole she was defending. 6 months for violating something stupid and petty parole rule.... our criminal justice system is so it if whack.

What about calling her to the bench, addressing her in a professional way, informing her that she is out of order and that she will be held in contempt and removed from the courtroom if she does not stop interrupting????

That's what a judge who's not an arrogant, sexist jerk would do, and he would not be depriving a defendant of his legal representation because there would be a postponment.

Yes, the Hafens are a long-time lds family in athletics and politics in Southeastern Nevada (Mesquite and Henderson) as well as Utah.

finding a Middle Way has Never been a strong LDS attribute, IMHO.

It was insulting and unprofessional.

What I have not heard about is any background with this attorney and this judge. Is this the first time he punished her, or has this been a reoccurring problem with the attorney being "disrespectful"? Handcuffs seem to me to be his "last straw" with this attorney and judge. (Yes, I'm speculating, but from my little experience with court and judges, they are usually lenient--- up to a point.)



Edited 1 time(s). Last edit at 05/29/2016 02:51PM by SusieQ#1.

Every trial attorney knows its contempt of court to speak after a judge has told you to stop. The judge decides what order every person will speak in. If the judge has something to say to counter what the lawyer said, like here, the lawyer has no right to keep talking to prevent the judge from speaking.

The judge could have easily held her in contempt and ordered her to spend the night in jail. Handcuffing her for a little while is less than what he could have done.

Because these are basic rules of behavior in a court room, every lawyer knows this is contempt and it doesn't require a judge to set her aside and explain it to her. Courtrooms are places of power and specific protocols and a judge must be recognized as the person in authority.

Being a woman of color gives her no special right to behave in contempt of court.

Cristina
Exactly! I was told before going into court as a witness, (the fist time) how to behave, what was acceptable and what was not.
When they say "order in the court" they mean it! :-)
I have no idea why this attorney pushed the well defined limits. She knew better.

As I recall, it used to be custom in the South for judges to address black attorneys by their first names and white attorneys formally by their (Mr. +) last names.