People v. State

Probably the craziest thing I do on this blog, and the thing most likely to get me disbarred, is openly criticize judges. A couple friends and family members have wondered at some of the things I’ve written, and wondered if I wasn’t scared that a judge might read them. Despite the modest readership of this blog indicated by sitemeter, a couple local attorneys have randomly mentioned to me that they read the blog, and complimented me on it. I have to assume it’s likely that others in the local legal community, including possibly some judges I appear before, have read it, and aren’t amused. This realization no doubt contributes to the generalized sense of estrangement and alienation I noted in my previous post.

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Volokh has links to the judge’s offending opinion and the higher court’s contempt finding. A commenter writes:

Before this gets farther, the underlying case was the charge of murdering an officer. Subsequent evidence –official police investigation and all witnesses– state the act was unintentional homicide in the act of self defense. The officer had a history of violence, and first (without provocation or cause) chased one brother down and beat him with an axe-handle. Then the officer went after and started to beat the other brother with the axe-handle; initiating a 5 minute tussle in which the officer’s gun was discharged.

The trial court Judge’s disrespect was for the prosecutor who made an involuntary manslaughter plea offer, then denied making it. When confronted with an audio tape of the offer, the prosecutor retracted it for voluntary manslaughter. In addition, the prosecutor flouted the court by refusing to attend the plea hearing, etcetera ….There is far more underneath all this –and far more background too– but the Virgin Islands Daily News has a splendid reporter who gives a great summary of this series.

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Recently I’ve found myself engaging in an endeavor that might strike a casual reader of this blog as hypocritical. Essentially, I’ve been urging a recently charged criminal defendant (who is not a client and who is currently unrepresented by counsel) to follow the rules of the court in which he’s been charged, to increase his chances of beating those charges. The defendant, however, believes the courts and the judges that rule them are lawless, and so his stated strategy is not to play by their rules but to try to force them to play by his.

I’ve been forced to ask myself: how does my advocacy of what might sound to him and others like meek submission to authority cohere with the radical philosophical anarchism I espouse on virtually every post of this blog? After all, haven’t I said, and meant, that the State is of No Authority? Why submit to its arbitrary rules, when we have better rules of our own?

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