January 15, 2018 Letters
Letters
Focus on Competence
It seems that the preoccupation with diversity, inclusion, and other forms of political correctness has come to the forefront not only in our discussions here as to how the Bar is constituted, but as to all other organizations of general concern.
Without addressing the need for inclusion and diversity in other organizations, does it really behoove the Bar to make these concerns a priority in our profession? How about instead of focusing on diversity, inclusion, and otherwise advancing the liberal agenda, we focus on competence within the profession? Instead of classes on diversity, can we have classes on how to not make a totally stupid argument in front of a judge?
There was an argument made in county court recently where defense argued a motion to dismiss based on an Eighth Amendment violation because the defendant during a traffic stop was made to stand outside in the heat instead of being placed in the back of an air conditioned patrol car. If I had taken a blotter of LSD, I wouldn’t have thought of that. I watched a trial recently where a young public defender (I’m not making this up, I promise) objected to nine out of 10 questions asked by the state. The grounds for the objections were things like best evidence and asked and answered. All objections were predictably overruled. Then, the state asked the witness “so, what did this other witness (who’s not in court and whose statement is clearly being offered to prove the truth of what the statement asserts) tell you?” That did NOT draw an objection.
There could be a class on how to dress for court. You wouldn’t think you’d have to tell attorneys how they should dress for court. For men, it’s a coat and tie. That usually gets compliance. The dress code, to the extent that there is one, apparently only applies to men. I see all kinds of stuff in this regard, but everybody having a sense of the politically correct knows not to say anything. It’s probably some kind of harassment or something.
We could offer another class on courtroom decorum. “OK, class, listen up. When you’re in court, don’t chew gum. It’s unprofessional. Don’t use first names when referring to opposing counsel. Let’s see what else? Direct all remarks to the court; not to opposing counsel. When making an objection, don’t argue (beyond stating) the basis for the objection in front of the jury unless the court asks you to do so, which it never will. You will rise when addressing the court and when the court is addressing you. When introducing a photograph, nobody cares who took the picture or what camera they used. When questioning a jury panel during voir dire, never use a peanut butter and jelly sandwich as an illustration to convey the idea of the state’s burden of establishing the elements of a crime. Everybody in the courtroom thinks you’re an idiot, and they’re not far off the mark.
One last thing, and this is particularly irritating especially coming from people who should know better: The expression “voir dire” does NOT translate to “to tell the truth.” “Voir” is the infinitive “to see” and “dire” is the infinitive “to speak.” So, it is more correctly translated as “to see and to speak.”
If you’ve had a hard day in court, have interests outside of the job. Get some exercise. Go run the lake front, play some basketball with your friends, or do what I do: Get your bagpipes out and play the 6/8, 2/4 march, and the hornpipe sets in the parking lot. Happy Hanukkah, Merry Christmas, and Happy New Year everybody.
Ernest J. Mullins
Kissimmee
