As a relatively new judge, at times litigants—particularly some young assistant district attorneys—are very aggressive in asking me to state my reasons for rulings or verdicts, particularly if it’s not guilty in nonjury trials. Am I obligated to do so?
Every lawyer who practices criminal law is well aware of the above complaint. Before district judges and even Common Pleas judges, there are some young district attorneys who can’t take no for an answer and become very aggressive and, at times, angry and overly argumentative with a judge about a decision. Though the Code of Judicial Conduct requires a judge to be fair and patient with all litigants, there is no requirement for a judge to state their reasons unless an opinion is due on the issue. Obviously, if a judge finds someone not guilty then there is no appeal. Rule 3.5 of the Rules of Professional Conduct require a lawyer to comply with the decorum of the courtroom. Badgering a judge or arguing with a judge after a decision is made is in very bad form and extremely unprofessional. It’s usually the mark of a lawyer who is not experienced.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]