"Ask the Judge" Column continues in La Prensa of SA, 3-11

Ask the Judge: Courtroom demeanor of defendants/plaintiffs
By Judge Steve Walker

Last week we addressed the judicial demeanor of a judge. It was pointed out that a judicial act is defined as “an exercise of discretion or an unbiased decision by a court or judge, as opposed to a ministerial, clerical, or routine procedure.”

When referring to the behavior of the Judge, a number of adjectives were introduced to include: considerate, disinterested, impartial, just, knowing, prudent, rational, reasonable, sensible, thoughtful, unbiased, unbigoted uninfluenced and even wise.

Demeanor was defined as: “the outward physical behavior and appearance of a person.’

It was noted that demeanor was more than just making a statement, but the manner in which it is said. Tone of voice, facial expressions, gestures, contribute to the person’s demeanor.

The Judge’s particular demeanor sheds light on the credibility of the Judge who is ruling in a courtroom as to whether they are perceived as unbiased in their actions on the bench while ruling from the bench.

The plaintiffs and defendants who visit the court are also judged by how they act, react and comport themselves in the courtroom. Many times, the behavior of the defendants/plaintiffs and even the attorneys who represent them come into question when deemed inappropriate.

Normally it is not that difficult to determine the inappropriateness or lack of propriety of behavior, of litigants entering the courtroom. Obviously all people do not act alike when in the unforeseen circumstance of appearing in any court. Many act out of fear of knowing what to expect and others react violently at the thought of being dragged into a courtroom for any reason..

Individual personalities significantly contribute to the situation. Some personalities easily exhibit restraint or minimally expressive behavior while others react with an explosive or volatile reaction when confronted.

Obviously one is acceptable while the other can lead to incarceration for contempt of court or the loss of the case being heard.

When in a professional setting whether it be in a courtroom or public forum, etiquette is always appropriate on both sides.

The end result is that the case at hand is heard on the merits of the case, both sides are heard and the final decision is based solely on the law.

Lastly, as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.