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Sleepy Judges


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Irregular News for 02.27.07

 

Salt Lake City, UT -- A letter published in this month's edition of the Utah Bar Journal is being characterized as a "wake-up" call to the state's judges and the pun is intended.

 

Sent anonymously, the letter complains about judges dozing on the bench during court hearings.

 

"I've seen the problem in more than one county, but since my practice is pretty geographically limited, I'd rather not be identified," stated the letter. "I would like suggestions on how to wake the snoozing judge. I'd like to think I'm not the only boring attorney in Utah."

 

Utah Court of Appeals Judge Gregory Orme, who sits on the Journal's editorial board, said he doesn't doubt the veracity of the writer's observations. Over his 20 years as an appellate judge, Orme said he's seen plenty of judges doze off at meetings or conferences.

 

Such behavior may be rude, but Orme says sleeping during a court hearing is just plain unethical.

 

"When a judge takes the bench and is doing the public's business, now it becomes very important to stay awake," Orme said. "A judge is just duty-bound to stay awake whatever it takes."

 

Over the past five years, Utah's Judicial Conduct Commission has received just one complaint about a slumbering judge, executive director Colin Winchester said.

 

A commission investigation stalled when neither the attorneys nor the judge's court clerk could confirm the accusation and the complaint was dismissed.

 

In other states, judges have been disciplined or dismissed for sleeping on the job, including an Arizona judge who was removed from office despite claims that he suffered from narcolepsy.

 

Attorneys appearing in court may be hesitant to point out that a judge has drifted off, so the responsibility is on judges to stay alert, Orme said. In his published response to the letter, Orme encourages judges to get enough sleep, drink caffeinated beverages and see a sleep specialist if needed.

 

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