The Daily Tribune reported,
In Ottawa County [Michigan], District Judge Kenneth Post faces ethics charges alleging that he failed to follow the law, behaved inappropriately toward a defense lawyer…
It’s hard to tell from the story what is going on here.
But this blog might give us a clue.
If this is transcript from the case before the Judicial Tenure Commission, then I’d agree that there is an issue. This type of bullying (of criminal defendants and their attorneys) goes on in enough courtrooms that it’s good to know Michigan is dealing with the problem.
I love that the Commission is considering that the judge did not follow the law. If that doesn’t get enforced, what’s the point?
(I know that these comissions sometimes tell complainants they can’t address issues that should have been raised on appeal. That’s a form letter often sent out by our Minnesota Board on Judicial Standards. I think that’s a cop out. Many issues are both legal and ethical. And with appellate courts sustaining most cases these days, it’s nice to see an additional agency enforce the rule of law.)
The moral of this story is an easy one: judges, be nice to criminal defense attorneys…and follow the constitution. What could be simpler?