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IBA: Tips From the Bench

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By The Hon. Lisa Borges, Marion Superior Court Criminal Division

Each time you step into a courtroom, you have a goal to achieve. You may need to get in and out quickly because you need to be in nine separate courtrooms at the same time. It’s possible you want something outrageous (for a really, really good reason), thus you want to be heard after all the other folks leave. Judges appreciate your busy schedule and understand you may not always be able to put our courts first. And believe it or not, we really want you to be happy! In order to assist the court in getting you what you need, there are a few things you can do. Remember Eddie Haskell? No one would suggest going that far. But wouldn’t you like to have all your friends say “Mom (or that judge) always liked you best?” The following are some suggestions which may well catapult you to the top of the ‘faves’ list:
 

borges-mug Borges

INTRODUCE YOURSELF – We could be having an “elder moment” and have forgotten who you are what you are doing over there at the table. And don’t you want everyone else in the courtroom to know you, too?

BE ON TIME – AKA, LET US KNOW IF YOU ARE GOING TO BE LATE, WHY AND WHEN YOU WILL ARRIVE – We’ll accept almost any excuse. The donkey cart broke down, the kids play isn’t over yet…We just want to know when we will finish the calendar, because the motions your friends are filing right now are piling up in the office and the Bailiff is starving.

SUGGEST A DATE – If you’re ready, say so! If you aren’t, say when you WILL be ready. The Amazing Judge Carnack, can’t actually see into your calendar. Murphy’s Law says we’ll always pick a date you don’t want and we get embarrassed fumbling around suggesting date after date. Some of us are considering going to a lottery system.

KNOW SOMETHING ABOUT YOUR CASE – at the very least, be able to recognize your client. We have to figure out what to do with our other cases if yours is going to take a week to try. Remember to tip us off so we can prepare to concentrate on your case and only your case.

GIVE US A “HEADS UP” FOR EVIDENTIARY I.E.D’S IN YOUR TRIAL – We really will read the cases you give us before trial. In fact, we’re such big readers we go into transports over your Bench Briefs.

DRESS FOR COURT – Your client’s tee shirt that shows Tweety Bird with the saying “If you see a copy Warn-A-Brother” should be inside out during any court session. And you know your mother would want you to dress up to be a good example.

BRING YOUR OWN ART SUPPLIES AND TAKE THEM WITH YOU WHEN YOU GO – Unless you’d like to fund lockers for the court office.

BE NICE TO OUR STAFF – We don’t mean to give presents. All we ask is that you speak kindly and say please. They can help you in ways you can’t imagine. For example: working hard to convince us your excuse for being late is true or maybe even suggesting something that’s been working lately.

EX PARTE IS (ALMOST) ALWAYS A BAD THING – This will make us run for cover.

DON’T INTERRUPT – and please tell your client not to interrupt either. The court reporters are very valuable and we are trying to stay on their good side. They can become quite irritable if they can’t hear what’s being said, which is bad for everyone.

COME TO COURT WITH YOUR CLIENT – or at least have an idea where he or she might be.

REMEMBER, JUDGES ARE PEOPLE TOO – Smile. It will make us happy – and keep us wondering!•

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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