49769163
XPost: aus.legal, misc.legal, uk.legal
From: deadmailbox@beeb.net
dotcom wrote:
> On Aug 30, 8:43 pm, "The Todal" wrote:
>> Brimstone wrote:
>>> Doug wrote:
>>>> On 30 Aug, 03:52, "¦ Reality Check© ¦" wrote:
>>>>> "dotcom" wrote in message
>>
>>>>> news:d274f613-8dba-45c8-8065-0ba075f363c7@13g2000prl.googlegroups.com...
>>
>>>>>> I was amused to hear Magistrate Peter Reardon presiding over the
>>>>>> terrorist case that he would boot out anyone from his court who
>>>>>> refused to stand for him. Whilst standing for a judge or
>>>>>> magistrate
>>>>>> is traditional in Australian Courts, I wasnt aware it was a legal
>>>>>> requirement. Can any lawyers out there shed any light on this?
>>
>>>>> If they can force you to stand, they can force you to bow down and
>>>>> kneel.
>>
>>>>> On your knees, slave!
>>
>>>>>> I personally feel a little bit dishonest when I stand for a
>>>>>> judge, when deep down I have such little respect for lawyers and
>>>>>> their ilk ( mind you I have a pretty strong respect for justice)
>>>>>> and after
>>>>>> all judges are really just a tad higher in the pecking order than
>>>>>> lawyers- they usually were lawyers so one cant expect them to
>>>>>> have really changed their spots.. So pretending I respect them
>>>>>> when I
>>>>>> dont doesnt sit well wtih me.
>>>>>> So can a judge really kick you out of court for not standing for
>>>>>> him?. And what justification would he have if I was otherwise
>>>>>> just sitting quietly minding my own business. Where would I find
>>>>>> the law that
>>>>>> says I have to stand?
>>
>>>> Yes if you don't comply with the ritual you can expect to be
>>>> punished for it. You are supposed to wear a suit to make yourself
>>>> look respectable and law-abiding and show due deference to
>>>> demonstrate
>>>> your acceptance of the process and its decision making. It is a
>>>> form
>>>> of blackmail, "Do as we want or else". Reminds me of my school
>>>> days.
>>
>>> It cuts both ways Doug, I'm appearing in court in a couple of months
>>> time and I'm hoping that the court will do as I want them to. If one
>>> has good reason one can remain seated whilst speaking. AIUI the
>>> reason for standing to speak ( as in any properly run discussion or
>>> debate) is to ensure that one can be properly heard by all involved.
>>
>> In Australia their judges and magistrates might be more pompous than
>> ours in the UK. I think it is inconceivable that anyone would be
>> ejected from a court in England for failing to stand when the judge
>> or magistrate entered the room. No doubt if the *lawyers* failed to
>> stand they would be rebuked and possibly reported to their
>> professional body if they deliberately remained seated.- Hide quoted
>> text -
>>
> I dont have a problem standing to talk, thats just good manners. I
> would do that in any meeting with a large number of people so they can
> clearly see who is talking. I was more talking about
> this tradition of standing when a judge walks into the room , as if he
> was some sort of god or something.
Yes, understood. I don't think in an English courtroom you (if sitting in
the public area, or even as a litigant sitting at the front of the court)
would be in any sort of trouble for failing to stand when the judge came in.
It would be a lot easier for the judge to ignore it than to make fussy
enquiries about whether you were disabled.
> And these pompous titles like your
> worship and your honour.
Again, doesn't matter. A judge (in an English court) doesn't care what you
call him. You could get away with calling him "judge" or "sir" or nothing
at all. It might be different in Australia or in the USA.
--- SoupGate-Win32 v1.05
* Origin: you cannot sedate... all the things you hate (1:229/2)
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