Lawyers and judges can learn a lot from Road House (as can people from just about any walk of life.)
Dalton: All you have to do is follow 3 simple rules: One, never underestimate your opponent..expect the unexpected; Two, take it outside, never start anything inside the bar unless it’s absolutely necessary; and Three…be nice.
Hank: [Incredulously] Come on!!
Dalton: If somebody gets in your face and calls you a cocksucker I want you to be nice.
Hank: [With resignation] Ok
Dalton: Ask him to walk, be nice, if he won’t walk, walk him, but be nice, If you can’t walk him, one of the others will help you and you will both be nice…I want you to remember, that it’s the job, it’s nothing personal.
Steve: Being called a cocksucker isn’t personal?
Dalton: No, it’s two nouns combined to elicit a prescribed response
Steve: What if somebody calls my Mama a whore?
Dalton: Is she?
[everybody snickers]Dalton: I want you to be nice.. until it’s time..to not be nice
From the sounds of a Court of Appeals opinion (h/t Indiana Law Blog,) Judge William Young of the Marion County Superior Court, Criminal Division 13 wasn’t following Dalton’s third rule.
Hollinsworth argues that comments by the trial court during the bench trial showed the court was not impartial. For example, at the beginning of the trial, the court granted a recess so the parties could discuss a plea agreement, but no agreement resulted, and the trial began. After the State called its first witness, Hollinsworth informed the Court that she did not want a trial and now wanted to accept the State’s proffered plea agreement. The Court exhibited impatience and stated that if Hollinsworth were found guilty, “she’s going to jail for a year.” (Tr. p. 8.) The trial court further stated, “I don’t know if I want to take your plea. I’d rather just go to trial, I think. I don’t like being jerked around at all, all right?” (Tr. p. 9.) Also, while reviewing Hollinsworth’s criminal history at sentencing, the trial court noted that Hollinsworth had been charged with theft and battery while the instant suspended license case had been pending. When her attorney stated, “Those are only alleged charges,” the trial court responded, “Sure they are.”
The Indiana Supreme Court agreed with the Defendant and reversed the trial court, citing Canons of Judicial Conduct that require a judge to be impartial, patient, dignified, and courteous to litigants. Jon Murray spoke with Judge Young who conceded that he had been in the wrong that day and the Supreme Court had done the right thing.
What a judge is Young!
It’s nice for once to see a review of a criminal case that isn’t toothless and conclusory. I’ve heard the “harmless error” mantra, for instance, enough for ten lifetimes.
And when his term is up, will the Republicans run this Judge Young, with all the adverse publicity as of late, again?