courts

On the passing of Chief Justice Thomas Moyer

jerrykaltenbach

Chief Justice Thomas J. Moyer; 1939-2010

I had the privilege and honor of meeting the Chief on several occasions over the last fifteen years.  We were not close personal friends, but we knew each other and a mutual respect was in place.  Mine for him much, much greater in scope.  When I was sworn in as an attorney in 2002, I had the fortune to shake hands with the Chief (the new lawyers would only personally greet 1 of 3 Justices participating in the ceremony).  He pulled me close and whispered into my ear “Glad to see you made it, Jerry.”  Believe me, I was too.

The last time I saw the Chief was in the Charlotte, NC airport about two years ago.  We were both waiting for a connection back home to Columbus.  We chatted about his trip and mine, swapping stories and the casual smalltalk of the importance of family and hard work.  Had I known that I wasn’t going to see him again, I would have had a lot more to say and even more to ask.  I always presumed I would get to argue a case before him one day.  Now, when I enter the Supreme Court to argue, I will feel like there is one chair missing.

From day one of law school and now here, 11 years later, I always felt secure knowing Tom Moyer was at the helm of Ohio’s courts.  It always seemed that the Ohio community just felt good about the law, just felt good about its administration, and felt secure in knowing that the Rule of Law would prevail in Ohio with Chief Justice Moyer as Captain.

He had a grand presence about him without ego.   He was academic, certain, and steadfast in his logic.  He cared very deeply for the State of Ohio and it cared for him as well.  He has left the Court much better than he found it and my deepest concern is whether his successor will do the same.

I will miss Tom Moyer and whether consciously or not, so will the State of Ohio.

Legal Funnies: Juror No. 5

jerrykaltenbach

Every now and then, my friends and colleagues share real life legal tales that not only make you laugh, but they provide a different lens for looking at the legal profession, how we handle cases, how we interact with the public, and how the public feels about lawyers.  In this first edition of The Funnies, we have the tale of Juror No. 5.  This was a hand-written letter that a juror in a trial supposedly sent to the judge seeking relief.  It reads:

Your Honor,

These lawyers and this case are literally boring me to death!

I am tired of spending day after day wasting my time listening to this bullcrap.  This is cruel and unusual punishment.  The Plaintiff is an idiot.  He has no case.  Why are we here?  I think my cat could better answer these questions…and he wouldn’t keep asking to see a document.  I’ve been patient.  I’ve sat in these chairs for 7 days going now.  If I believed for a second this going to end on Thursday I might not go crazy.

This is going to last for another 4 weeks.  I cannot take this.  I hate these lawyers and prayed one would die so the case would end.  I shouldn’t be on this jury.  I want to die.  I don’t want to be thanked for my patience.  I want to die!!  Well not die for real but that is how I feel sitting here.    I am the Judge, you’ve said that over and over, well I am not fair and balanced.  I hate the Plaintiff.  His ignorance is driving me crazy.  I know I’m writing this in vain but I have to do something…for my sanity.  These jury chairs should come with a straight jacket.  An entire day today and we are still on the same witness.  The defense hasn’t even started yet and we have 3 days left.  3 days my ass.  Not that the defense needs a turn considering the Plaintiff and his lawyer (who looks like The Penguin) have no case!!! Thanks for letting me get this off my chest.  Please keep the Disorderlies nearby.  I may need them

-Juror #5

This is an extreme (and funny) example, but it’s also a good education for trial lawyers on how much the jury is judging the advocate as well as the case.  I have a copy of the actual letter if you are interested.

–Posted by Jerry