Tough judges come in many forms. There are those who impose notoriously harsh sentences. Others frequently berate lawyers, litigants, and anyone else in their path. Some seem to just make up the rules as they go along.
Matters are made worse by the absolute power a judge seems to have in the court. Before he enters the room, all must rise. You must stand when speaking to him and repeatedly refer to him as “Your Honor.” All this pomp and circumstances while he sits (literally) on a pedestal.
In addition to these formalities, the courtroom is filled with burly officers who can and will lock you up for contempt if you dare to get out of line with the right honorable judge.
Given these circumstances, what can you possibly do when faced with a tough judge? Here are my suggestions.
Be Prepared
This one is obvious, I know. You should always be prepared when going to court. But preparation is especially necessary when facing a difficult judge. Your knowledge of the case won’t guarantee smooth sailing. But if a tough judge senses that you don’t know your stuff, he’ll definitely lay into you.
Be Brief
When faced with a hostile judge it’s important to be as concise as possible. Make your key points and rest your case. If you begin to ramble, the judge will very likely find something to take issue with and things may quickly fall apart.
Don’t Argue
No matter what happens, don’t fight with the judge. You can’t win. Inside the courtroom, the judge has the last say. He can sanction you or even throw you in the courthouse lockup for getting out of line. So don’t do it. If the judge has made a poor legal decision, appeal it. If he made an ethical violation, file a complaint with the CJC.
Judge Shop
In some cases, it’s possible to strategically avoid certain judges. Some judges rotate the courts where they preside. Some judges routinely take certain days of the week off. So there are times when a lawyer can schedule a hearing at a date and time when the problematic judge won’t be around. To view the current judicial roster for western Massachusetts, check out my “useful links” page.