Stacking The Deck

We all know that judges are supposed to be impartial and neutral. We also, all know that the truth is judges rarely act in any capacity that is neutral, especially criminal court judges. The fact is, the deck is stacked against the criminally accused. Lawyers accept this fact. We don't like and it we try to change it on a daily basis. But if you don't "get it", you can't really be a great defense attorney.

There is a concept in the law that admonishes judges to avoid the "appearance of impropriety". What does that mean? It means there is a prohibition against any obvious taking of sides. For example, the judge should not discuss cases with a prosecutor without the presence of the defense. We all know that occurs every day. It also means that the Judge should avoid being too friendly with the cops that guard him or her. Please. It was only recently that some judges stopped putting out cold cut platters for the cops sitting around for trials that never happen around my parts.

I just saw this article regarding the appointment of a Schenectady City Court Judge. The old Judge won a seat in Family Court leaving a vacancy. So I guess the mayor has the power to appoint until the next election. Can you believe that Mayor Stratton appointed a prominent member of the criminal defense bar to the position? Ha! Just kidding. The appointee is a Schenectady County prosecutor. A rather young one at that. (Albany Law Class of 2001) I don't have a problem with a former prosecutor on the bench. Heck, it seems like every justice court judge is a former cop. But what really kind of annoyed me was the press conference that was held announcing the appointment.

The Times Union reports that at the press conference the District Attorney, the Chief of Police, and the public safety commissioner "heaped praise" upon the now former prosecutor. Why? Because he was a good prosecutor? Because he has a solid conviction record and tried cases he could not lose? Or was it because he demonstrated the utmost dedication to the Constitution of the United States? Or because he never witheld Brady material, or punished the accused who dare to contest their charges?

Talk about the appearance of impropriety! The police chief thinks he is great. The DA thinks he is great. The Mayor thinks he is great. The public safety commisioner thinks he is great. I wonder, do any criminal defense attorneys think he is so great or should we be scared?

I don't know the new judge personally and I have no reason to doubt his integrity or his capacity to understand what being a judge means. But having spent his entire legal career in the DA's office, it is kind of hard to believe the man has seen the world from the other side of the fence. Good luck sir.