A couple of Sundays ago the News Tribune Opinion page published a commentary about "Speak Your Peace: the Civility Project" and how it was affecting debates at candidate forums in Duluth. That got me thinking about civility in the courtroom.
People come to court for a variety of reasons. Usually, the people and the reasons are unhappy. In other words, a person wouldn't be in court unless there was a problem that could not be resolved. Sometimes people's emotions get the better of them, and they act out in court. What does a judge do?
First and foremost, a judge must learn patience. A judge's understanding of the reasons for a person's actions can go a long way to having the right approach to litigants. Are the parties arguing about custody of their children? A judge may hear personal attacks regarding the other party's ability to parent. A judge must patiently read the written submissions, analyze what is being argued in the courtroom and try to determine the facts -- without the emotional rhetoric.
Second, a judge must keep control of the courtroom. Second Circuit Court of Appeals Judge Learned Hand once wrote, "Justice does not depend on legal dialectics so much as the atmosphere within the courtroom and that, in the end, depends primarily upon the judge." When a judge enters a courtroom, everyone is directed to, "Please rise." This shows respect for the judge and, more importantly, the system. The judge then must make sure the process, and the atmosphere, is controlled.
Keeping control of the courtroom includes controlling the parties and their counsel. Not listening to the other party, interrupting arguments being made to the judge or ignoring procedural safeguards are not acceptable actions within a courtroom. A judge is, in part, responsible to make sure a complete record is being made of what is said on the record. Court reporters can only take down one party at a time. Judges will stop people from talking over one another so an accurate record is made, and proper procedure is followed.
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Third, a judge is mindful of people's time. Every effort is made to start dockets on time. When a case takes longer than expected, the very least a judge can do is apologize for making other people wait. Litigants and counsel also have to be mindful of time. Getting to court and being prepared is a sign of courtesy to the court and the other party. Courtesy may cost nothing, but it is priceless to other people.
Fourth, judges will warn counsel and litigants when their behavior is inappropriate. Do judges use their gavels? On occasion, it does help to get a person's attention when they keep talking or acting out even after being warned.
Finally, if a litigant's actions do get out of hand, a judge has the authority to find the person in direct contempt of court and sentence the person to jail. In almost 18 years on the bench, I've only done this one time, and that was for a defendant who was already in custody on another charge.
The Duluth Superior Area Community Foundation's civility project sets guidelines for political debates. The guidelines aren't much different than the rules used in a courtroom: Let people talk, listen patiently, don't interrupt and wait for your audience's decision, whether it is from the electorate or a judge.
Heather Sweetland is a 6th Judicial District judge in the St. Louis County Courthouse in Duluth.
