Judges and attorneys discussed what is and is not acceptable behavior inside the courtroom, including communications and behavior.
About 30 attendees were able to ask questions of nine Circuit judges in the Civil Division during a “Sidebar Lunch” hosted by The Jacksonville Bar Association.
Judge John Skinner, from Clay County, joined Judges Thomas Beverly, Hugh Carithers, Mallory Cooper, Jean Johnson, Lawrence Haddock, Jack Schemer, Frederick Tygart and Waddell Wallace, who preside in Circuit Court at the Duval County Courthouse.
“This is an example of good programs that The JBA offers. Judges want them. Lawyers want them. They are a great opportunity for feedback,” said Alan Rosner, a past chair of The JBA Judicial Relations Committee.
The feedback included discussion about what is being done to address the problem of jurors conducting additional research on a case using their cell phones.
“Standard jury instructions basically tell us to inform jurors every chance we get that they are not to do it,” said Carithers.
He recalled a case that was tried in the Duval County Courthouse that was affected by the rule.
“We’ve already had one mistrial that I am aware of that a juror went out during a break and did some research, came back in and started talking about it and blew a whole trial,” said Carithers.
Jurors are supposed to hear the same facts at the same time in the presence of a judge and lawyers, said Carithers.
When asked what they expect from attorneys that appear before them, Wallace asked that arguments be directed at the court and not between counsel.
“I am seeing more of it happen recently where opposing counsel will direct questions at each other and they will go back and forth. Address questions to the court. Don’t have a conversation in the courtroom,” said Wallace.
Communication with judges using email also was discussed. Some allow it, some don’t. Wallace offered a simple solution.
“Talk to the judge to find out their preference,” said Wallace.
Cooper provided an overview of the new Unified Duval County Courthouse scheduled to open in late May. The presentation will also be a part of The JBA annual meeting May 17.
One of the features of the new courthouse is the arrangement of the judges’ offices on the seventh floor. From the hallway, a guest will enter a hearing room. Behind the hearing room is the judicial assistant’s office. Behind that office is the judge’s chambers.
To visit a judge, attorneys will check in with a receptionist when they arrive on the seventh floor. The area also will include space for a bailiff. The receptionist will call to the judge to allow the attorney access to his or her office.
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