Back in the olden days of the movies, when Andy Hardy (Mickey Rooney) was a befuddled adolescent in over 15 films, his moral compass, his guiding hand, his model of decorum, justice and propriety was his father, Judge Hardy (Lewis Stone), municipal judge of the mythical town of Carvel. Judge Hardy was everything you'd want a judge, father and man to be, dispensing justice with humanity and understanding. A dry, understated sense of humor, and always in control of his temper.
Judge Hardy would be the kind of judge I'd want to be, in every way--except with less hair.
Now, discretion from here on in is the better part of my staying out of jail myself. But, a recent incident in a local Circuit Court does seem quite up to what I would consider Judge Hardy standards.
Oakland County Circuit Judge Leo Bowman sanctioned a potential juror in his court who had the bad taste to show up late, and with her young children for jury selection in a highly charged, third time around murder trial. The juror had, in my opinion, tried mightily to make sure she came to court on time. As the Detroit Free Press article relates:
"When she was late the second day of jury selection because her mother was undergoing oral surgery, a backup nanny fell through and her husband was already at work, she called Oakland County Circuit Court. Told the judge would arrest her if she didn't show up, she arrived at court late along with her 8-month-old and 3-year-old."
Judge Bowman's response on Mrs. Carmela Khury's arrival:
"Circuit Judge Leo Bowman found her in contempt, ordered her to sit as a spectator for the expected two-week-long murder trial and sentenced her to 24 hours in the county jail, to be served after the trial."
Fortunately, the Michigan State Court Administrator's Office stepped in, and restored some sanity to the proceedings, advising Judge Bowman that he did not have the authority to hold jurors.
This is not the first episode wherein Judge Bowman detaining jurors, the story states.
Judge Bowman may, at most times, be an intelligent and temperate jurist. I have not yet appeared before Judge Bowman, as he is relatively newly appointed to the Oakland Circuit bench. I did come close to having a case tried before him, but the case was resolved shortly before the trial date.
I have tried many cases in my time, and often the trial judge will talk to the jurors after the case is over. Jury service is inconvenient at best, and the effort and attention of jurors should be recognized and appreciated. Most of my trial judges have realized that. At the very least, talking to jurors is an opportunity to for a judge to talk to the voters who have elected and hopefully will re-elect him.
I am not a fan of the imperial judicial mentality. As the late judge Kaye Tertzag said of himself as a judge: "I was appointed, not anointed." The reality is that incumbent judges are seldom defeated, and on the Oakland bench, never defeated at election time. The temptation to get a bit full of oneself must be hard to resist.
Judge Hardy did, bless him. Though, come to think of it, he was a fictional character, and Lewis Stone an accomplished actor. Oh-oh.