• Overview

Without exception, there are circumstances in life when each one of us enjoys being a Monday Morning Quarterback, harmlessly engaging in what generically might be called The Blame Game.
A court related Blame Game conversation might relate that a jury verdict was just returned in a sensationalized criminal case, extensively covered in the newspapers and reported on television.
A decision with which the hearer vigorously disagrees even though he has no actual facts upon which to base his opinion.
But, no matter when or where such talk occurs, when it does, it is all niggling, sometimes referred to as carping.
A closer look reveals what happens when Judges of Trial Courts, encounter niggling.

• Judge (The Court)

I don't know what it is about that judicial robe, but once it goes on after a newly installed judge takes his oath of office, within a month or so, it is often discovered that something akin to a tyrant is born and his name is anything but "wonderful".
Armed with this information about a judge's humble beginning we pose the question: will judges be unfavorably influenced by nigglers? If not, how about carpers? The author has certainly encountered several judges in the course of his professional career, who have demonstrated little or no judicial temperament and virtually no patience even for lawyers all of whom we know, are actually Officers of the Court.
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It therefore seems to me quite likely that if a niggler (carper) was present in the courtroom having no special authorization to be there, and dared to open his mouth in some petty or trifling manner, at that very moment, any judge would quickly establish control of the courtroom and provide a lesson in good manners to the niggler.
In the United States a judgeship is highly regarded and shown great deference by the public, even if the person occupying it is not personally well liked..
Our Criminal Justice System is open and transparent and needs to be that way.
Niggling should not be allowed to make a judge the object of scorn.
Respect the office the judge holds, even if you do not respect the current occupant of the position.
It is the only way a judge can be free from the inappropriate pressure to decide a cause based upon its popularity, rather than its merits and the requirements of the law.
Deliberate courtroom carping (niggling) cannot be tolerated and would provoke almost any judge into taking action.
After all, judges are only humans like the rest of us.
© 2013 Douglas M Midgley, J.
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