Published on:
16 Jul 2021
2
min read
On weapons in the courtroom: a true story.
Court was in session, and the defendant was being sentenced. As the Judge was giving his sentencing comments, somebody held up a gun.
Surely this couldn't have ended well?
Well, not the way you might think.
It was the Judge who took out the gun!¹
A complaint was made against the Judge. He was accused of intending to instill fear in the defendant. The Judge admitted to judicial misconduct. However, the Judge said that he was simply trying to show empathy with the victims and that his display of the gun occurred while he was showing empathy.
The majority of the Court held that the Judge's actions did not promote public confidence in the integrity or impartiality of the judiciary, and was not patient, dignified, and courteous. The Judge was suspended for 7 days.
However, the Court's decision was not unanimous. In a lengthy dissent,² a 2/3 minority held that brandishing a handgun did not violate any statutory laws, nor did it indicate a lack of honesty or call his judicial independence into question. In other words, 2 out of the 5 presiding Judges thought that there was nothing wrong with the Judge taking out and displaying his firearm in the course of sentencing.
So, firearms in the courtroom: aye or nay? Fortunately or unfortunately, my experiences thus far have been limited to biting the bullet (when facing heavy judicial fire), shooting from the hip (when faced with unexpected arguments), and uncovering smoking guns (always a happy occasion).
Disclaimer:
The content of this article is intended for informational and educational purposes only and does not constitute legal advice.
¹ It was a Glock Model 43.
² The dissent was somewhat caustic, and (metaphorical) shots were fired.
CASE NO.: 2020AP1028-J