Have I mentioned that I’m a big fan of e-discovery and forensics? Yeah I thought so. Recently I came across this story from the {ride the lightning} blog that was just so priceless that I had to pass it on. If you’ve ever been involved in litigation and wondered “what could I do to really outrage the judge and guarantee failure?” then this is for you!
After earlier declaring a mistrial, [the judge] dismissed with prejudice a civil fraud lawsuit involving the sale of a condo tower. What made this decision interesting is his reason: a boss sent text messages to his employee, who was then testifying on the witness stand. This was done surreptitiously as the judge and lawyers conferred in a sidebar conference.
Sheesh! And I thought texting while driving was bad. And it gets better.
The judge ordered a mistrial when a spectator alerted him to the misconduct. Clearly incensed, the judge questioned [the wily texter and textee], who admitted to the texting. The judge then ordered the messages to be read aloud and into the record.
Just like passing notes in grade school. And if you went to a Catholic grade school like I did you might expect the judge to order the bailiff to beat the fool senseless, just like Sister Mary Catherine used to. But this just keeps getting better.
The texting “was underhanded and calculated to undermine the integrity of this court and the legal process,” the judge wrote in his dismissal order. “Regretfully, plaintiff through its unacceptable conduct has reached into the court’s quiver of sanctions, drawn the bowstring taut and aimed the arrow at the heart of its own case. This court has justifiably released the string.“
Now you’ve just got to love the Robin Hood/William Tell, theme of the dismissal order. I think the judge should have stuck to this archery theme and ordered a court officer to shoot the idiot’s cell phone off his head. Or in his pocket. But I digress. And this gets even better.
Curiously enough, [the texting boss] appears to be a guy who just doesn’t learn. Two months before the trial, he improperly texted a witness during a deposition and was reprimanded by the magistrate. [The judge] said he took the previous conduct into account. No doubt.
There is one born every minute. But ones like this moron only come along once every year or so. Thank goodness, but there’s still far too many of them out there on highways. And in courts.
