hearings shmearings

The latest work-related news is that I showed up in court today (all spiffy in a new suit of course) and discovered that I had the wrong time for our pretrial hearing. What a waste of a clean dress shirt.

More interestingly, albeit less recently, I got to argue the merits of a case before a judge in chambers last week. I was sent to simply confirm dates at a trial readiness hearing, but informed that if I could ask to speak with the judge in chambers (fancy legal word for "office"), AND convince him and/or the DA to dismiss our case, I'd be looking at a hefty Christmas bonus. With nothing but inexperience to lose, I gave it a shot. I presented a brief summation of the facts of our case along with our strongest arguments why dismissing the case is in everyone's best interests, and the judge's interest was piqued. He indicated that he saw some merit in what I was saying, and just as a glimmer of hope started to surface, the DA piped up with some concocted story justifying the charges which was completely inconsistent with what the officers had written in the police report. I was 99% sure this guy (who wasn't the DA assigned to the case and was just filling in) hadn't even read the case materials or the police report and was just full of crap. I called him on the carpet but it was just enough to keep the case headed for trial: No dismissal for our client, and no Christmas bonus for me. I learned from another DA in the office that I was up against the young hardline prosecutor who's making a name for himself by racking up as many convictions as possible. Apparently his self-image can't handle the defeat of dismissing a losing case that's not even his. Actually, he may not have had the authority to dismiss, since he apparently doesn't have all that much seniority in the office (all the more reason to appear tough- it's a vicious cycle).

Anyway, it was the first time I appeared in a persuasive rather than simply procedural capacity. Instead of entering a plea, requesting a continuance, or scheduling court dates, I was actually arguing the merits of a case. Gotta admit, I was a little nervous when the judge looked down at me and said "Mr. S------, what do have on this case?," but I enjoyed it as well. From what I hear, a little fear can heighten the senses and improve performance, as long as you're controlling it and not vice versa. Anyway, it adds to the experience, just like it does with, say, skydiving.

That's what's new on the legal front, at least on the surface. Below the surface, an issue is brewing, which I hope to resolve and later blog about in a post titled "the ethics of criminal defense." In that post, look for answers to such weighty questions as "is there such a thing?,"can prosecutors be sleazy too?," and "why didn't Sean go to the potluck dinner at Faith Baptist?" Ok, that last one might not be included, but it's still a weighty question.