As someone who has been sanctioned in the past, I feel discriminated against. Given my past experience, my wife asked me why. However, as of yet, no one has been sanctioned. There have been some blistering opinions.
It happened repeatedly, in Pennsylvania and throughout the country, thankfully with uniform and predictable results coming from judges who were all over the political spectrum.Ĭourts have inherent power to sanction parties for frivolous conduct. Other lawyers alleged fraud in pleadings and then in open court admitted that there was none. However, what about those lawyers and their clients? Some lawyers filed complaints, claiming to represent a party who disavowed ever agreeing to their representation. It has long been clear, before and after his ascendancy to public office, that Trump knows little and could care less when it comes to initiating litigation. The rules and statutes provide for liability when it comes to those parties and their lawyers who bring frivolous litigation. Applicable rules of practice require that lawyers who bring lawsuits have a reasonable belief as to the validity of the litigation they are bringing. The fact is, there is more involved to bringing a lawsuit than being able to come up with the filing fee (although Trumpeters apparently failed that test in one case). However, when it comes to the recent spate of election cases, judges seem to have bent over backwards to mollify challengers who pled fraud in their complaints and then matter-of-factly acknowledged that there was none. My experience with judges has shown them to be impatient and zealous, maybe even irascible, in terms of not wanting to waste their time, insisting that litigators get to the point. I don’t understand the kid glove treatment. To date, the 50 or so cases filed in eight states have been dismissed, with the Supreme Court deciding not to take up a review of the Pennsylvania Supreme Court’s election decision. More seriously, I wonder if covid-19 has anesthetized our state and federal judges, at all levels, when it has come to their handling of the President Trump-initiated election cases. Although it has been unintentional, I plead guilty to both.
Rules of practice never envisioned Zoom or its myriad side effects, which facilitate attorneys talking over judges or recording attorney facial expressions of disdain and discomfort when the attorney thinks he is in the privacy of his own home. Covid-19 has certainly made for an unprecedented situation for lawyers, as well as for our judges who try to maintain a semblance of order amid the overwhelming disorder that covid-19 has imposed.Ĭourt proceedings have always been about in-person proceedings, where we are able to personally confront opposing parties, their witnesses and sometimes a judge.
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