The Tough Call | Making the tough call is a judge’s job and responsibility. Sadly, many fail at this task. Tough Calls Are Rarer These Days Sure, many judges can mete out a sentence for an accused, participate in the new age form of judging where they participate in community activities or.... Post has been published on Rockind Law
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The Tough Call
Making the tough call is a judge’s job and responsibility. Sadly, many fail at this task. Tough Calls Are Rarer These Days
Sure, many judges can mete out a sentence for an accused, participate in the new age form of judging where they participate in community activities or lecture kids on a field trip about the need to “stay clean.” But so many utterly fail when they are forced to make the right call. My peers will attest to this … Too many judges are afraid or unwilling to dismiss a case, discipline a prosecutor or side with a defendant.
Rephrase vs Sustained
The worst of this brood can’t even bring themselves to say “sustained” when a defense lawyer correctly objects to a prosecutor’s inappropriate question: instead they say, “rephrase.” It seems to me that this is some kind of way to correct the prosecutor without really siding with the defense.
After 23 years in courtrooms and that’s where I live and breathe, I can tell you that many, many fail when forced to make the tough call. The reasons? They likely vary. Some are concerned about their reputations with the prosecutor or public while others fearing the implications of a defense ruling if they run for higher office. Regardless, these judges punt and make the politically correct decision albeit the wrong one. Easier to look good then do good, they think. In a sentence, they lack the courage to do the job. We trial lawyers and criminal defense lawyers resent them for they participate in the ruin of the system.
Good Judges Still Exist
However there are some that are willing to do what’s right, to make the tough call and they deserve attention and support. They are, to lawyers like me, the bright lights in the system. Rather than just use the job or bench to be a “social reformer”, they use it to do justice. God bless them. They actually pass judgment, either way, without regard for what is political. They are cut from the right stuff.
Judge King
As was recently revealed in the news, the Hon Kenneth King is not one afraid to do the right thing or make the tough call. King dismissed a part of a high profile and emotional case — a felony murder case that resulted in the death of a beloved city fireman.
What happened – Judge King Made The Tough Call
Judge King sent one defendant to trial on a murder charge and sent two other defendants to trial on other charges. However, those two were also charged murder. The proofs revealed the charges were tenuous and without support. Judge King did what he had to do … he dismissed the murder charges against those two defendants. This was a tough call.
Judge King made the decision, explained his rationale and even did something extraordinary, he offered afterwards to explain things to the families of the deceased and accused. Extraordinary.
Now some might think — must be one of those liberal judges. They’d be wrong. King cut his teeth as w prosecutor in the Wayne County Prosecutor’s Office as a special prosecutor and homicide prosecutor. As a prosecutor, he was no pushover. Quite the contrary, he was tough. He still is. In a case of ours recently, Judge King stood toe to toe with me questioning me about a theory and the evidence in the case. He smiled as he did it but it was clear that he was not going to be pushed around.
Elbert Hatchett, the legendary Pontiac trial lawyer, once mused that so many judges nowadays seek out the bench as a place of refuge from the practice of law. These are the ones that have a difficult making the tough call. Judge King is not afraid. We need more like him.
Neil Rockind