A couple of tips
- Hypocritical Excerpt from
Judicial Independence in the U.S.
By U.S. Supreme Court Associate Justice Stephen G. Breyer
(who has no required appointment affidavit or oath of office on file)
"The most vexing questions with respect to compliance do not usually
arise where the parties in front of a judge are private individuals.
When a judge issues an order to an individual, the power of the state is
cohesive behind the judgment, and an individual who resists likely will
be facing police officers who enforce the court order."
"A more complex problem arises when the addressee of an order is the
government, and the government refuses to comply. Refusal to comply
would be more likely if court orders were general, and were directed at
institutions rather than individuals. The tradition in the United
States, however, is that orders are issued to individuals. Thus, for
example, if a court finds that a person did not receive a fair trial and
must be released from prison, a court order on a petition for habeas
corpus usually will not be issued against the state, or against the
state's prison system. Rather, it will be issued against an individual,
usually the prison warden or the director of a state's correctional
system. This places the individual who has power to act in the name of
the state in the uncomfortable position of having a court order directed
at himself or herself, and creates the potential that, should the
official fail to comply, the court will issue a contempt order, imposing
a personal fine or even incarceration pending compliance. It is much
more difficult for an individual to risk resistance to a court order
than for the state to do so."
On another note, people often ask me for voire dire questions. How
about this one?
Defendant: Juror Number 14, in what capacity do you propose to act
Juror #14: Huh? Uhhhh....I got a call to jury duty.
Defendant: Yes, and so I get to ask you my question, in what capacity
do you propose to act officially today? You do understand the concept
of legal capacity do you not?
Juror #14: Oh sure! I just can't remember if we're on the metric