I love American lawyers (1 Viewer)

[Frigid]

lovely vignettes from the one little case, Morrissey v The New South Wales Bar Association [2006] NSWSC 323http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2006/323.html, illustrating the antics of the Virginian Bar:

"On 17 June 1991, in a case called Commonwealth v Silva, Steven Buck, Assistant Commonwealth Attorney of the City of Richmond presented a plea agreement to Judge John P Driscoll who was sitting as a substitute general district court judge. Judge Driscoll refused to accept the plea agreement and commented on Buck’s lack of preparation, as well as the lack of organisation and laziness of the prosecutor’s office (Mr Morrissey’s office). After Buck and Eric Page, defence counsel, advised Mr Morrissey of what had happened, Mr Morrissey, who was busy in another courtroom, came to Judge Driscoll’s courtroom. Mr Morrissey told the judge that the plea in the Silva case was acceptable and that the case would not be prosecuted if the plea agreement was not accepted. At a hearing in Virginia in 1993, Mr Morrissey gave evidence as to the events which followed.

...

[T]hereafter on 19 June 1991, Mr Morrissey wrote a letter to Judge Driscoll defending the actions of the Commonwealth Attorney’s staff and objecting to Judge Driscoll’s treatment of him and his assistant Commonwealth Attorney. The letter stated the following:

'Re: Substitute Judge – June 17, 1991

Dear Mr Driscoll:

It has been brought to my attention, by several individuals, that you were both highly critical of and abusive towards, Assistant Commonwealth’s Attorney Steven Buck, Monday morning, June 17, 1991. Apparently, during the case of Commonwealth v Silva, you severely rebuked Mr Buck for not having Sargeant material available. Additionally, I was told that you used your position (ie substitute Judge) to generally criticise the Richmond Commonwealth Attorney’s office.

Please be advised that on his volition, Mr Buck drove to Henrico County on Friday, June 14 1991 in order to obtain one packet of Sargeant material. Additionally, he called the Southside Clerks Office on two occasions to get the second packet of Sargeant material. Unfortunately, the Southside Clerk’s office was unable to get the Sargeant material to Mr Buck as quickly as Mr Buck would have liked. Accordingly, your criticism of Mr Buck, including your caustic and derogatory remarks from the bench, were entirely uncalled for.

Mr Buck, former Law Clerk for Justice Poff on the Virginia Supreme Court, was described by everyone in the Court Room on June 17 as thoroughly prepared, extremely competent and most courteous. He did not deserve your verbal lambasting.

In the future, should you have any criticism of this Office or specifically, one of my assistant Commonwealth’s Attorney’s, you are directed to set up an appointment with Deputy Commonwealth’s Attorney, William H Parcell, III so that you can voice your complaints in a more professional manner.

Finally, five police officers and one attorney observed the colloquy between you and me in the Courtroom. Although I was unfailingly courteous to you, it was evident to everyone that you were trying to bait me – perhaps so you could hold me in contempt. Please be assured Mr Driscoll that if that behaviour ever, ever, happens again, I will not be so kind as to merely draft you a letter of indignation.'

"On 19 December 1991, Mr Morrissey was prosecuting a case before Judge Nance and a jury. The defendant had been charged with the distribution of prohibited drugs and Mr Baugh appeared for him. Mr Morrissey says that he and Mr Baugh were political rivals for the position of Commonwealth Attorney. The trial was being hotly contested. The following account is taken from Mr Morrissey’s affidavit filed in these proceedings and other documents in evidence.

During the course of proceedings Mr Morrissey made an objection. According to Mr Morrissey Mr Baugh stated loudly in open court: “I do not have to listen to this kid if he wants to run for re-election, he can do it later.”

Mr Morrissey then asked for a “side bar” conference which the judge granted. In such a conference a discussion takes place between the judge and the advocates out of the hearing of the jury. During the conference Mr Morrissey and Mr Baugh continued to argue and according to Mr Morrissey, he said, quietly, 'David, once again you’re acting like an ass ... if you keep this up I will knock your ass into 1992.' When the Court resumed Mr Baugh rose and announced in open court words to the effect, 'Your Honour Mr Morrissey just threatened to kick my ass.'

...

The transcript writer then notes the following:

'NOTE At this point Mr Morrissey approaches Mr Baugh, but the court reporter is unable to hear what is said. Mr Baugh replies, ‘don’t you dare touch my face again.’ Mr Morrissey denied touching Mr Baugh’s face. Mr Baugh stated that he touched it one time. Thereupon Mr Baugh begins pushing Mr Morrissey over to the outside glass window and states I don’t have to take this from a little punk faggot. Whereupon a couple of blows were passed.'"

In 1994, Mr Morrissey returned to private practice. On 20 October 1997 he was convicted of contempt following an angry outburst to a judge who had just passed sentence on his client. Mr Morrissey was initially sentenced to ten days in prison but after he continued and further abused the judge his sentence was increased to a total of thirty days in gaol.

The transcript of the proceedings before Judge William R Shelton is available. The sentencing judge found Mr Morrissey’s client guilty of possession of more than 5 lbs of marijuana with the intent to distribute it. He imposed a sentence of 25 years imprisonment but suspended ten years upon the condition that he be supervised by a probation officer upon release. After the judge passed sentence Mr Morrissey said:

“MR MORRISSEY: Your Honor, I don’t – did I hear the Court give him a net sentence of 15 years?

THE COURT: I suspended ten of the 25-year sentence.

MR MORRISSEY: That’s outrageous, that is absolutely outrageous.

THE COURT: Mr Morrissey, the Court cites you for contempt and sentences you to ten days in jail. Mr Sheriff?

MR MORRISSEY: I have never seen a more jaded, more bitter, more angry jurist in my life. He has never been sentenced before.

THE COURT: Let him talk, let him talk.

MR MORRISSEY: He’s never come into this courtroom before. He’s got a family. He’s got a child. He has got a three-year-old.

THE SHERIFF: Step over to the lock up.

THE COURT: Go ahead, Mr Morrissey.

MR MORRISSEY: He has got a three-year-old child. He’s never done anything before. He comes into Court, he’s ... he has never been involved in any criminal activity. The Commonwealth Attorney said at worst he should be sentenced like the codefendant and you gave him five additional years more than the codefendant gave [sic]. It is apparent to me that when my clients come into court because of whatever bitterness or anger this Court has towards me that it’s directing that sentence towards my client.

THE COURT: I don’t have any bitterness towards you, Mr Morrissey. You didn’t try this case, you came in on the sentencing phase of it and that’s why you don’t understand it.

MR MORRISSEY: Judge, I’m as familiar with these facts as ... I got in touch ... my office got in touch with three detectives involved in the case.

THE COURT: You can explain all that to me, but I’ll change it from ten to 30 days in jail for the additional comments that you’ve just made.

MR MORRISSEY: You asked ... judge, I’m going to appeal it to the Virginia Court of Appeals.

THE COURT: I hope you will.”

Mr Morrissey lodged an appeal to the Court of Appeals of Virginia but the appeal was dismissed.

this guy doesn't have much luck, does he?

 

[hfis]

I want to be him one day.