Like most folks, I am aware of the trial involving former President Trump in New York. By the time you read this, it will have been decided. Whatever the outcome, I doubt that there are many people who will have a change of opinion about the former president. Those that like him will not stop if he is convicted of a crime, and those that don’t are unlikely to get on his bandwagon if he is acquitted.
The judge in the case has kept a pretty tight rein on what is happening in his courtroom. Those of us who watched the O.J. Simpson trial know what a legal circus can look like, and this is not that.
I have never been involved in a six week trial. Thankfully. The logistics of getting witnesses on and off the witness stand in some sort of order is enough to drive one to distraction even in a short case. Like much of law practice, the logistics of trial is not taught in law school.
It is no secret that judges can influence the behavior of the litigants if they choose to. I was in front of one such judge recently.
He heard a motion to try to help the lawyers work things out when he could have easily sidestepped the whole thing. His stern conversation with the parties made clear how he felt and what would happen if we persisted. Not surprisingly, the parties came to an agreement a couple of days later, and protracted litigation was avoided. It bears mentioning that this judge was a trial lawyer before he took the bench. His experience, both with how litigation works and the business of law was the difference maker.
This stood out to me, having had a judge recuse himself a year into a pending matter recently, leaving the long-time litigants with an unearned delay in closing their case. I prefer a court where decisions are made, hopefully correctly but if not, at least quickly.
I am a supporter of our non-partisan court plan. It is more aptly called the less partisan court plan. Nothing that involves politicians is ever free of politics. Even so, the non-partisan plan is not perfect. Governors want to leave a legacy and the trend towards appointing young judges necessarily means having judges with less experience than old lawyers. I can think of at least a couple of elected judges who had never practiced law but knew how to run a campaign. They were a nightmare to appear in front of.
Lawyers sometimes forget that judges have bad days like everyone else. It is hard to remember that when you are getting blasted from the bench of course. Long time readers of this space know that “With All Due Respect” is the phrase that got me just such a blasting. The memory of those long ten minutes is seared in my mind and the only time I use the phrase anymore is in this column.
To be sure, the bench has gotten kinder and gentler over the years. There are lots of reasons for this, not the least of which is that older me is less prone to say and do dumb stuff than young me. Not immune, but less prone. One such exchange lingers in my mind, and my friends needle me about it often.
The defense had a motion to change venue and argued that the defendant thought he wasn’t a resident of the circuit. Redneck Roy, my country alter ego, was wearing my suit that day. I presented my side and should have stopped there. But I didn’t.
“My cat sleeps in the oven, Judge, and thinks he is a biscuit. That doesn’t make him one,” I said.
“What did you say Mr. Farris?”
It was as if the judge and I heard what I was saying for the first time at the same time. At that point, I could either back peddle or press on. Young me never considered the back peddle option. I repeated my version of the facts and implicated my cat once more.
The judge was experienced, both as a lawyer and a judge. He was also kind. He leaned back in his chair and smiled.
“That is what I thought you said. Motion denied. “
I had won, but more importantly, I left the courtroom unscathed. Sometimes, it is not whether you win or lose, but whether you leave the courtroom in one piece. If you can do that with a good story, all the better.
©2024 With All Due Respect. Spencer Farris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri. His goal is to do nothing that isn’t fun or will at least make a good story. Comments or criticisms about this column may be sent c/o this publication or directly to him via email at farris@farrislaw.net.