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Topic: Ian Freeman arrested, please DIGG (Read 9785 times)
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TEBON
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B.D. Ross
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 I hate seeing foots being shot in. |
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« Last Edit: November 14, 2008, 04:00:06 pm by B.D. Ross »
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ssawtell
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that's really, really disturbing.  Can he appeal it or something? is there an actual law that you have to call the judge "your honor" and stand when he enters, or do whatever he tells you to do in trial? |
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HelmholtzWatson
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how difficult would it be to get this judge disbarred? do you think the locals would be interested in taking action if there was a push for that?
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margomaps
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I hate seeing foots being shot in. I'm not sure that's an accurate description of what happened. Then again, your post was vague enough to mean (or not mean) almost anything.  |
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B.D. Ross
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I hate seeing foots being shot in. I'm not sure that's an accurate description of what happened. Then again, your post was vague enough to mean (or not mean) almost anything. I read the Digg'd post and it doesn't paint a very clear story of what happened. I welcome any details. |
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B.D. Ross
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that's really, really disturbing. Can he appeal it or something? is there an actual law that you have to call the judge "your honor" and stand when he enters, or do whatever he tells you to do in trial? : "Anyone addressing the Court or examining a witness shall stand, except by leave of court. No-one should approach the bench to address the Court except by leave of the Court." |
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margomaps
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I read the Digg'd post and it doesn't paint a very clear story of what happened. I welcome any details. If you don't really know what happened, what makes you think someone might have shot himself in his foot?  |
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B.D. Ross
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I read the Digg'd post and it doesn't paint a very clear story of what happened. I welcome any details. If you don't really know what happened, what makes you think someone might have shot himself in his foot? Very true. Perhaps I spoke too soon. But again, I welcome any details. I'd be really curious to know if he was warned or ordered to comply by the court before he was arrested. |
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margomaps
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that's really, really disturbing. Can he appeal it or something? is there an actual law that you have to call the judge "your honor" and stand when he enters, or do whatever he tells you to do in trial? : "Anyone addressing the Court or examining a witness shall stand, except by leave of court. No-one should approach the bench to address the Court except by leave of the Court." And the obnoxious corollary... NH District Court Rule 1.2: Rule 1.2. Violation of rules.
Upon the violation of any rule of court, the court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party. As I understand it: if you violate a rule, the judge can do whatever he wants to you if he deems that such action is required (which by definition he does deem it to be so). Surely there's a check or balance somewhere to mitigate possible abuses of this apparently unfettered power? |
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Dreepa
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But is standing up a rule?
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margomaps
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But is standing up a rule?
?? That's what Rule 1.3(A) says. |
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margomaps
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Very true. Perhaps I spoke too soon. But again, I welcome any details. I'd be really curious to know if he was warned or ordered to comply by the court before he was arrested. I don't know about Ian per se, but apparently before the judge entered the courtroom, a courtroom worker (the clerk?) announced that anyone in the court who did not stand for the judge could/would be held in contempt. This undoubtedly occurred because recently some of Ian's supporters (and other supporters of free staters who have been in court lately) have intentionally not stood up when it was announced..."All rise". "Nice" of them to give people notice that they may be arrested for not standing, but the predictable -- and likely intended -- result was that Ian's supporters (the ones who did not wish to rise) left the courtroom to avoid being arrested. |
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B.D. Ross
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NH District Court Rule 1.2: Rule 1.2. Violation of rules.
Upon the violation of any rule of court, the court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party. As I understand it: if you violate a rule, the judge can do whatever he wants to you if he deems that such action is required (which by definition he does deem it to be so). Surely there's a check or balance somewhere to mitigate possible abuses of this apparently unfettered power? From the blog, it doesn't sound like Ian was addressing the Court. Looks like 1.2 applies to violation of court rules. Second, it doesn't say the judge can do anything: it says "as justice may require". It depends what sort of contempt he was cited with. Certainly. You could appeal it; file for a writ of habeas corpus. And sue the judge personally for any civil rights violations. But there's just not enough accurate information. |
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B.D. Ross
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But is standing up a rule?
The rule says you shall stand if you're addressing the court or examining a witness. |
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