By BetsyJ Gatton
The US Chief Justice has warned thirty or so court professionals to stop playing games as they administer workers compensation criminal cases. The chief justice feels that for too long lawyers have used the courts as their own venue for tinkering with individuals' rights. The judge spoke from his bench and warned the participants that no further delays will be tolerated. It is not acceptable for the public displays of communication and delay to continue.
He didn?t find fault with anyone in particular. His mandate that the conference be held occurred as a result of the attorney general recently taking issue with judges interfering with state investigations involving certain workers compensation related matters. The remarks drew the ire of many lawyers who took issue with the nature and venue of the attorney general's comments.
The reason for holding the conference, according to the justice, was to stop justice from being misused and to ensure the judicial process continue in a timely manner. After that, he continued, stating the important status and role in the judicial system that each judge and lawyer holds, and how they should accelerate the rate of completed workman's compensation cases, getting them to trial more quickly and getting them finished faster.
At the conference, one lawyer suggested the order was not valid because only one justice had signed it. Three of the five are supposed to sign. The order had a gag rule, too. And, only one justice signed it. By making out-of-court comments, with the express purpose of swaying public opinion, doesn?t help justice be served.
That type of offensive personality, in his eyes, was clearly in violation of their oaths of office, and he urged them to refrain. The lawyers were reminded that issues with other lawyers needed to be dealt with in the proper arena. That means lawyers could bring up problems with other lawyers in the court itself, with grievance committees or in the legal practice commission. Judges were reminded of the importance of a speedy trial, as provided for in our constitution. They were also told that due process must be protected. There were many questions that were asked from the attendees, but the chief justice made it apparent that this was neither the time or place for airing grievances about previous events. There were other institutions that would deal with that.
A group of accused that have been indicted by grand juries noted that there is a distinction to be made between media reports and prosecution publicity stunts. While our constitution?s first amendment allows for freedom of reporting, the Canon of Ethics makes it clearly unethical, according to the lawyer. A lawyer, who is representing the former administrator of a workers' compensation district, claimed to have not violated the gag order, but rather taken legal steps to protect his client.
There was another lawyer who was counseling an indicted lawyer who insisted he wouldn't say inflammatory things just to get a vote. One lawyer talked briefly about his concern that by not speaking, the public may think his client is admitting to some guilt. There were also statements made by another lawyer claiming that there was a slowly rising rate of worker's compensation case publicity. Yet another lawyer said that his client faces terrible difficulties in overcoming the negative affects of the bad publicity he has received.
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