Ex-CTLawyer

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  • in reply to: Jews in the Trump administration #1210594
    Ex-CTLawyer
    Participant

    Lightbrite……

    to be honest…who cares what designer created the clothing the 3rd Mrs. Trump wore on January 20th. Putting a pig in a gown doesn’t make her less a pig. She has a history of posing in inappropriate pictures and carried on an affair with Trump while he was married to #2.

    I shall respect President Trump because he has been sworn into an official government position. I have and will give no respect for his 3rd wife. She occupies no official government position.

    in reply to: Jews in the Trump administration #1210593
    Ex-CTLawyer
    Participant

    Joseph………..

    a true Capitalist is in business to make profit. One sells product to people willing to purchase, one doesn’t have to like them, just take their money. Fred Trump was not going to live among the purchasers fo the properties in Brooklyn and Queens and if selling to Jews didn’t harm total sales, so be it. If at that time selling to Negroes (deliberately using the accepted term of the era) would have caused whites to shy away, he would not have sold.

    I inherited a bungalow in the Catskills that was built in 1946 and marketed to returning US servicemen after WWII. The deed had a restriction that no person of color could could buy, occupy the cottage, or use any common facility (lake, ball fields, casino, etc.) nor be on the premises for more than 4 hours per week to clean or cook. Do I think it represensible? Yes…but the law of NY and the USA permitted these restrictions until 1964 when the Civil Rights Act was signed by LBJ.

    in reply to: Driving on Shabbos #1212376
    Ex-CTLawyer
    Participant

    Zahavasdad (sorry I couldn’t reply earlier)

    Inaugural Balls are not a minhag medinah, but a minhag of the particular President, and scheduled at his whim. There is no requirement to hold the ‘official’ inaugural ball the nigt of the swearing in (or to even have one).

    “The first Inaugural Ball (for George Washington) was held a week after the Inauguration. Presidents have cancelled inaugural balls for various reasons. Franklin Pierce, who was mourning the recent death of his son in 1853, Woodrow Wilson, who in 1913 felt that inaugural balls were too expensive, and Warren G. Harding, who in 1921 wanted to set an example of simplicity, all opted to end the custom of inaugural balls. Private parties known as “charity balls”, were held during the second inauguration of Calvin Coolidge in 1925, for Herbert Hoover in 1929, and especially during the depression and World War II era inaugurations of Franklin D. Roosevelt in 1933, 1937, 1941, and 1945.”

    The new President could have chosen any date he wanted for the ball (from January 20th on) or no ball at all.

    in reply to: Driving on Shabbos #1212344
    Ex-CTLawyer
    Participant

    Lightbrite………….

    Why not? There is no issue of Shabbos at noon when the President is sworn in. There is no governmental requirement to hold or attend balls/parties in the evening after the swearing in.

    in reply to: 7 letter word game (3rd letter) #1228150
    Ex-CTLawyer
    Participant

    flatter

    antenna

    in reply to: Making fun of college degrees that won't get you a job #1209478
    Ex-CTLawyer
    Participant

    NevilleChaimBerlin…………

    I don’t agree with your premise that people only go to college to get a degree that can lead to a job.

    Many seniors, my late parents included got additional college degrees after retirement in areas that interested them. They had absolutely no interest in returning to the workforce in their 80s. In Connecticut, for example, seniors attend the state university classes at no charge.

    My father A”H got his BA from City College in NY back in 1938 and my Mother from Hunter in 1939…the only cost was the 50 cents per week for the subway…even the books were provided. My father got a MS and PhD in his late 80s. The study was for personal enrichment and the degree marked his proficiency. My mother got her MS, 6th Year and PhD in the 1960s and they were for professional advancement. She did however, complete a MS in Anthropology at age 91 and it was not for the purpose of employment (she had retired a quarter century earlier).

    in reply to: What's the story with the Durham campus? #1209267
    Ex-CTLawyer
    Participant

    anonymiss………..

    The community isn’t moving, the high school is. The community is dependent on both the former UCONN branch campus they got for a song, seriously depressed housing prices and easy commutes to Hartford, Danbury, Bridgeport, and New Haven. I have a cousin living there who bought cheaply 7 years ago and commutes to an engineering position in Danbury. The community is not centered in the Cooke St area near what was the high .school building

    in reply to: overturn a beis din decision #1214036
    Ex-CTLawyer
    Participant

    Lenny1970………..

    Without reading all the signed documents I could not give you a legal opinion That said, it matters not what your prehearing discussions were (oral or in e-mails). A civil court is bound by the 4 corners of the contract (the document you signed). If the limitation of arbitration is NOT in the contract than as far as civil courts are concerned it does not exist,

    You would be hard pressed to prove that you signed the agreement for a hearing under duress or lack of mental ability making it void. Such a claim regarding mental status could lead to you being placed under a guardianship or even being institutionalized.

    I wish you well and hope that you can go forward and build a new and different life. There is life after divorce, and it is often better.

    in reply to: What's the story with the Durham campus? #1209262
    Ex-CTLawyer
    Participant

    Syag………..

    I moved out of New Haven in 1988, but still have property there and appear in court there regularly. My mother remained until 2013 so I was in town at least 3 times a week. It’s not great, but far better and safer than Waterbury.

    Sorry, that Mrs. CTL has been so unwell this past year or we’d figure a way to host your son.

    in reply to: What's the story with the Durham campus? #1209260
    Ex-CTLawyer
    Participant

    The high school in Waterbury was located in the old Conservative synagogue that closed decades ago. The neighborhood is lousy (I say this having owned 3 businesses in Waterbury, various 3 family houses on Cooke St and even taught Sunday School in the Orthodox shul more than 40 years ago.

    I would not feel safe letting my adolescent/teen son dorm in this neighborhood, use the parks, shops, etc.

    So, they bought 50 acres in the sticks for a new high school campus. It’s fine for a self-contained campus but will not be suitable for development into a frum neighborhood.

    in reply to: What's the story with the Durham campus? #1209256
    Ex-CTLawyer
    Participant

    Syag

    New Haven…my birthplace and also (unfortunately) that of former President George W Bush.

    It was a great place to grow up and live in the 50s and 60s, many shuls, butchers, bakeries, delis, yeshivos, day schools, JCC serving 30,000 Jews. All gone with white flight in the late 60s and early 70s

    in reply to: What's the story with the Durham campus? #1209253
    Ex-CTLawyer
    Participant

    Actually it’s about 25 minutes NNE of New Haven, CT

    in reply to: overturn a beis din decision #1214029
    Ex-CTLawyer
    Participant

    Golfer, thank you.

    Knowing when to go is a hard thing, especially when one partner doesn’t want to accept a marriage is over.

    I’m no clinical psychologist, but the denial may be part of the aforementioned PTSD.

    The biggest part of leaving a marriage that is over is not to say ‘I Failed’ but the ‘marriage failed’ some people can never bring themselves to be called a failure.

    in reply to: overturn a beis din decision #1214027
    Ex-CTLawyer
    Participant

    kollelman……

    If accusations of physical abuse were to be raised, a hearing of the Beis Din or a judge in Civil Court may entertain an ex parte motion for the safety of the abused. This is different than the actual trial.

    in reply to: overturn a beis din decision #1214019
    Ex-CTLawyer
    Participant

    I don’t practice in NJ. I am a family law attorney with many years experience. Your chance of having the agreement you signed before the Beis Din hearing nullified are slim to none. The cost of mounting such a campaign after the order to move out and pay pre-divorce support would take more assets than you probably have. You cannot encumber the marital home or use joint funds to proceed.

    Having followed your posts for a while, it appears that you are in denial. Your marriage is over. Get a divorce, issue a get and move on with your life. To keep a woman who doesn’t want you trapped is ridiculous.

    in reply to: Jury duty #1209234
    Ex-CTLawyer
    Participant

    AviK………..

    Maybe you live to make problems, my life’s career has been to help people avoid them. If a problem presents itself I try to help resolve it using the American legal system.

    You seem to have nothing better to do than throw accusations at people you don’t know and question their ethics and modus operandi. That is reprehensible and a sign of your immaturity.

    In a 40 year legal and business career (never mind elected office) I have chewed up and spit out many nudniks such as yourself who think they are witty, but are truly offensive.

    I don’t need you to suggest reading material. As the adage goes: Those who can do; those who can’t teach.

    BTW>>>> you seemed to ignore the fact I practice in small town America. There are many farms still in my area and claims still are brought about bulls who gore cows.

    BUT>>>>Most offensive is your tone and determination. I don’t have to answer to you, and defend myself to CR friends because of your dreadful posts. Clients pay me $500 per hour for my time and advice. Your ‘free consultation’ is long over. You will be called out on posts that contain misinformation, but your questions will be ignored. In other words get a life that excludes annoying me.

    in reply to: 7 letter word game (3rd letter) #1228098
    Ex-CTLawyer
    Participant

    younger

    unicorn

    in reply to: Jury duty #1209231
    Ex-CTLawyer
    Participant

    AviK……….

    You make problems that don’t exist in my practice. I live in small town America and by far the vast majority of my business (95%+) is with non-Jews. By the time I’m dealing with the will of a deceased Jew it is far too late to consider the question of whether or not it is halachic. The questions before a member of the bar are about it’s validity and legality according to the laws of the state.

    My juniors are not employees, they are independent contractors who rent desk space and in exchange for use of the office, secretarial and paralegal staff, supplies and utilities pay us a percentage of their billings. I do not charge them a referral fee for cases I send their way. They do types of work I don’t care to do and it is a service to our clients to have this arrangement.

    For example: the grandson of a trust client gets a speeding ticket and needs to be represented in court…not something that I or my family members get involved with…have the juniors handle it and Trust client is happy not to have to search for another attorney. We don’t touch Personal Injury cases. A divorce client has a slip and fall or car accident and calls us, the only attorneys he/she has used as an adult…again the juniors may handle it (if they feel capable and want the case…sometimes they don’t want to finance the costs of a PI case) and refer the case to a specialist.

    in reply to: Jury duty #1209228
    Ex-CTLawyer
    Participant

    AviK

    My specialty is family law, wills, trusts and estates and do a small amount of contract/business law, zoning, real estate. By this stage in my life much if the other work is done by juniors in my firm, including 2 full time non-Jews.

    I don’t take Jewish clients for divorce unless they agree to go through the Get process first. My wills, trust and estates bulk of the business almost never has lawsuits, and then generally one side is not Jewish (such as suing a bank, investment firm, etc.

    My contract business is wholly corporate (publicly held corporations) so the Bet Din is not an issue.

    We don’t do any personal injury cases which would be the bulk of individual suing individual.

    But, if Chaim Yankel came to our office and wanted to sue Joe Schmoe because Chaim thinks Joe violated the terms of a personal services contract, then I would have an initial free of charge meeting, suggest a meeting to try and work it out, then if that was refused, suggest he consider a Bet Din. I then would reject the case as something I was not interested in handling as it was outside the focus of my current opractice.

    in reply to: 7 letter word game (3rd letter) #1228092
    Ex-CTLawyer
    Participant

    lexicon

    Xylogen……wood cells in formation That Botany course wasn’t a total waste of time

    in reply to: The #1 tragedy facing the Frum world in America is: #1209513
    Ex-CTLawyer
    Participant

    Flatbusher…

    actually I was pointing out what does not appeal to me about living in 2017 Brooklyn. That is different than focusing on negatives. When I was 20 and single, I loved living on Ocean Parkway in the midst of the hustle and bustle with frum people and shops all around. It’s now what I want in this stage of life.

    in reply to: Feeding Bachurim #1209064
    Ex-CTLawyer
    Participant

    Meno…….

    This is a family favorite

    any kind of ground meat that has been sauteed first works. You can vary the spices, but the envelopes of onion soup mix are very easy to use.

    in reply to: Has photography become too much of an obsession by simchas? #1208897
    Ex-CTLawyer
    Participant

    lilmod…………

    Our direct line, yes. I can’t say the same for all the assorted relations, many did, but others practice American forms of ‘Judaism’ as well.

    in reply to: Feeding Bachurim #1209061
    Ex-CTLawyer
    Participant

    My grandmother used to feed a group of bochurim Shabbos lunch once a month in 1970s Brooklyn.

    She found that if she made a fleischige luckshen kugel (using 5 bags of noodles, eggs, 2 lbs of sauteed ground beef all mixed with 2 envelopes of onion soup mix, a quart of water and then baked) it was appreciated served at room temperature, quite filling and different from what most hosts served. The bochurim often would specifically ask for it

    in reply to: Has photography become too much of an obsession by simchas? #1208895
    Ex-CTLawyer
    Participant

    iacisrmma…………..

    we are an old time Litvak Misnagid family who arrived here in 1868 from Sapotskin (now in Belarus). Merchants in Europe, merchants and professionals in the USA. We have attended and supported a good number of Yeshivos, but are very comfortable with the Brisk traditions.

    in reply to: Has photography become too much of an obsession by simchas? #1208893
    Ex-CTLawyer
    Participant

    Flatbusher…

    It wasn’t about the guests caring.

    Re: Flowers

    The colors for the wedding were Red and White. A specific dance had been arranged where female guests would take the flower that matched the color of their napkin and shower the Kallah with the flowers while waving the napkins. If there were 10 seats at a table and the florist only placed 8 flowers some guests could not participate.

    As for the Canadian Whiskey…it was about me. The men in my family have been Canadian Club drinkers since the 1930s. We drink our whiskey straight up. I personally detest the taste of VO. I was paying for the chasanah and should be entitled to drink the whiskey of my choice (as was specified in the contract).

    When I got married some 45 years ago the contract specifically called for Diet Coke to be available at the bar, as my BIL had diabetes and this was his drink of choice. During the schmorg we found there was no Diet Coke. The caterer was made to send someone to the store to buy a case. BTW, my BIL, the Rav was the Mesader Kedushin and deserved to have what he could drink.

    in reply to: Nepotism #1209275
    Ex-CTLawyer
    Participant

    WTP

    If the father is a contract employee of the synagogue there is nothing to inherent. Personal services contracts dies with the person. In fact it is quite common for the rabbi’s employment contract to have a set term. The synagogue is not forced to renew the contract unless life tenure has been granted.

    This is far different than shtieblach that may operate in the home of the rabbi. There the son may well take over, but congregants are free to leave and not support the son.

    in reply to: 7 letter word game (3rd letter) #1228072
    Ex-CTLawyer
    Participant

    Scraped

    Rapidly

    in reply to: Has photography become too much of an obsession by simchas? #1208888
    Ex-CTLawyer
    Participant

    iacismma…….

    The Wedding Coordinator was our eldest daughter in law. She was the authorized person from whom the caterer, photographer, florist and other vendors had to take instructions.

    This didn’t cost money, it required a competent and dedicated person willing to make sure that our wishes were followed.

    For example, the centerpieces on the tables were supposed to have equal numbers of red and white roses (equal to the total number of seats at each table). DIL found the florist simply placed centerpieces with 8 roses on each table. This was not as contracted and the florist had to return to his shop and come back with the correct additional flowers and fix the centerpieces before guests arrived. She also noticed that the caterer did not have the specific brand of Canadian Whiskey we ordered at the bars. The caterer was reminded of the contract obligation and sent to the warehouse for the correct items.

    These were important enough items to be noted in contracts, but not important enough for Mrs. CTL or new in-law to deal with during a chasanah..that’s why we designated a wedding coordinator.

    in reply to: Switzerland forces mixed swimming #1208986
    Ex-CTLawyer
    Participant

    Lilmod

    “If you don’t like it, home school or send to private school.”

    I don’t know if it’s reasonable to expect someone to home school their child because the public school is acting against freedom of religion. It’s not necessarily a realistic option for everyone.”

    Please don’t judge other countries by what is in the US Constitution. Freedom of Religion is not a constitutional right in most countries of the world. Even enlightened countries such as England, have an official state church and the monarch is the titular head.

    in reply to: The #1 tragedy facing the Frum world in America is: #1209504
    Ex-CTLawyer
    Participant

    iacisrmma…………..

    It’s all about making choices and what is important to you.

    I don’t have to travel to NY to buy meat, I can simply phone in a large order and have it delivered from NY. I don’t have to worry about shopping on the Avenue a couple of times each week, because my apartment only has room for a 14 cubic foot refrigerator with a small freezer section. We have loads of space. My chametz kitchen is bigger than the one bedroom apartment I had on Ocean Parkway as a young single in 1970. I have additional refrigeration and freezer space in our garage, butler’s pantry and basement. Our Pesach kitchen is 20×20 with its own storage as well, I couldn’t afford to have all this space in Brooklyn (5700 sq ft 17 room house and a separate garage building with a studio apartment above). It is no effort to host all the children, in-laws, grandchildren for the holidays in comfortable accommodations at the CTL resort. We B”H own our own Sifrei Torah and host on premises minyan for Yuntif when the family is here. No need to worry about public swimming, as we can set the hours for separate swimming in our pool, hot tub, as well as use out sports courts. We own the house for taxes and utilities. Taxes are about $1500 per month..I couldn’t rent a decent 1 bedroom apartment for that in Brooklyn. So, if I spend extra for food being brought in, or to have sent kids to yeshiva away from home, fine. I never had a bill for sleep away camp, who needed to leave our compound? Mrs. CTL’s mother lives next door, SIL and family 4 doors away.

    and none of this lifestyle precludes me being a baal tzedaka, who attends minyan every morning, runs a law firm and learns each day. 4 children married off and 1 to go…all married frum despite being raised in the desert,

    in reply to: Has photography become too much of an obsession by simchas? #1208885
    Ex-CTLawyer
    Participant

    iacisrmma……….

    We married off a daughter just before Pesach. We set all these details down ion the contract with the caterer including the fact that he’d take direction from our wedding coordinator. We would not allow the caterer to be in a position to dictate to us on the day opf the simcha. You can be sure that if the caterer violated the terms of the contrat drawn up by this attorney he would not have rec’d a check at the end of the evening, but an invitation to a beis din.

    Discussing in advance is nice, but you need to get it reduced to writing in the actual contract.

    in reply to: Has photography become too much of an obsession by simchas? #1208883
    Ex-CTLawyer
    Participant

    iacisrmma…………..

    sorry, I was in the kosher catering business (decades ago). The caterer is not in charge. It is the caterer’s job to cater to the wishes and desires of the paying customer. The bride, her family or their paid wedding planner/coordinator goes through a schedule in advance with the caterer and sets time and events. No caterer has any business telling a chosson and kallah what time they MUST make their entrance.

    My only take on this is that some people who purchase a ‘Wedding Package’ at a supposedly reduced price are told there are no variations accepted…you are contracting for the package as it exists…you get what you pay for.

    in reply to: The #1 tragedy facing the Frum world in America is: #1209496
    Ex-CTLawyer
    Participant

    Flatbusher

    I have lived in small Jewish Communities and I have lived in Brooklyn.

    There is much that Brooklyn offers that is of no interest to me: congestion,subways, buses, pollution, close living (no having multiple acres lots with woods, room for a private and secluded pool) impossible (or expensive) parking. NOISE, high NYC property taxes, HIGH NYS and NYC income and sales taxes, everyone in your space and minding your business.

    I am more than happy to drive 90-120 minutes to occasionally dine, shop or see relatives in Brooklyn, but I would not want to live there and didn’t want to raise a family there.

    BTW>>>I do not care about pizza shops and takeout prepared food places. We are more than happy to cook our meals without those overpriced conveniences, plus I wouldn’t want my children or grandchildren hanging out at the pizza shop.

    I don’t consider my suburban home to be in the desert, rather an oasis.

    in reply to: Has photography become too much of an obsession by simchas? #1208880
    Ex-CTLawyer
    Participant

    We married off a daughter last spring.

    One photographer.

    40 minutes after the Chuppah for family pictures. No pictures of each table, only candids. He was told to use only natural light and be unobtrusive.

    NO video

    and none of this was about cost. we ordered only what we wanted.

    in reply to: 7 letter word game #1208399
    Ex-CTLawyer
    Participant

    request

    tripods

    in reply to: Obama's Legacy #1208051
    Ex-CTLawyer
    Participant

    huju…………..

    he has one. In 45 years of business his non-collected receivables have amounted to less than 1/20 of 1%.

    The only 2 large amounts were Trump and McMahon.

    in reply to: 7 letter word game #1208384
    Ex-CTLawyer
    Participant

    younger

    resolve

    in reply to: Mah Jongg #1207867
    Ex-CTLawyer
    Participant

    huju……….

    wisdom of the aged……….LOL

    in reply to: 7 letter word game #1208380
    Ex-CTLawyer
    Participant

    meshuga

    academy

    in reply to: Jury duty #1209215
    Ex-CTLawyer
    Participant

    lightbrite>>>>>>>>>>>>>

    I keep posting that I do NOT do criminal work. So, the answer is NO. There is no such thing as prosecution in civil trials. The plaintiff (party bringing the suit) and defendant (party being sued) are not prosecutors.

    The loser doesn’t go to jail/prison or face fines, and can’t be found guilty

    in reply to: Mah Jongg #1207864
    Ex-CTLawyer
    Participant

    lightbrite………..

    I’m old. I remember prutot coins before the aluminum Agurot. Nevr ming grush.

    My first lengthy stay in EY that I remember was in 1960, 12 week summer holiday staying with my aunt and uncle so the cousins could get to know each other.

    in reply to: Jury duty #1209213
    Ex-CTLawyer
    Participant

    AviK

    Lawyers are on juries often in CT. The problem is that some lawyers will tell other jurors their understanding of the law instead of adhering to the judge’s charge to the jury. That said, most lawyers will abide by the rules of impartiality and follow the judge’s jury instructions to the letter.

    I don’t do criminal work, but have no problem with lawyers serving on juries in civil cases I’m involved with. I like highly educated jurors far more than those with minimal education who can’t really understand the testimony, exhibits and judge’s charge.

    in reply to: Jury duty #1209208
    Ex-CTLawyer
    Participant

    iacirsmma…….

    On a typical day, 300 potential jurors are called to appear in Bridgeport Superior Court (CT trial level court). About 220 will actually get called down to courtrooms to interviewed for juries. At 2PM those who have not been sent to courtrooms for questioning are dismissed and sent home. They can’t be called again for 3 years.

    I( have been called for state jury service 4 times in the past 13 years. I was excused twice, one time I was sent home as there were far more jurors available than needed to staff scheduled trials. The 4th time I was selected for a jury sitting in a criminal case. After the state put on its case the defendant changed his plea to guilty and cut a deal.

    in reply to: Jury duty #1209206
    Ex-CTLawyer
    Participant

    Joseph……….

    Judge A in State Court dismissed the attorney with a scheduled court date in Federal Court, because Judge A knows the Federal Judge B can send a US Marshal to take attorney into custody and deliver him to Federal Court bfor the scheduled trial.

    Rank has its privilege and in the pecking order a Federal Judge is higher than a State Trial Court Judge.

    BTW>>>>I have seen businessmen excused because of scheduling conflicts that involve numbers of people and large expenses. Last year, a trial judge moved the start date of a trial back 2 days so a juror could finish a business seminar (for which many tickets had been sold). In my experience, judges in smaller states tend to be more accommodating than in NY (I don’t practice there, but am admitted to the NYS Bar).

    in reply to: Kosher Cruise #1220121
    Ex-CTLawyer
    Participant

    Lightbrite

    “The issue is that when this ship is at sea, it discharges all their waste into the ocean without restrictions. It’s far enough away from land to disregard any legislative concern for the environment, and so it does.”

    When it returns to port and has no waste to be offloaded for legal disposal the captain may find himself under arrest, the shipowner fined and the ship possibly seized.

    There are international treaties, laws and agreements for dealing with waste disposal at sea. When a ship docks, the sewage holding tanks are emptied via sewer connections or into tanker trucks. Solid waste is carted away by commercial haulers and disposed of in a legally permitted manner.

    in reply to: Jury duty #1209202
    Ex-CTLawyer
    Participant

    Lightbrite………

    The size of a jury varies.

    In CT criminal juries are 12 people plus 2-3 alternates. The longer the case is supposed to take to try then the more likely there will be 3 alternates.

    Civil case juries are composed of 6 people plus 1-2 alternates.

    Favoring someone with the same last name.

    Here in CT, with the exception of Probate Judges, we do NOT elect judges they are appointed. The vetting process eliminates those who would have a predilection for bias.

    As for arranging for better treatment in prison. Wardens don’t take orders from trial judges. The Corrections Department is part of the Executive Branch, not Judicial.

    in reply to: Jury duty #1209201
    Ex-CTLawyer
    Participant

    Joseph………..

    Jurisdictions have different rules. Here in CT Courts, and the Federal Courts as well, the judge is on the bench when the prospective jury panel is brought in. He introduces the case, him/herself, the attorneys, names of plaintiff, defendant, major witnesses and asks if any are known to the prospective jurors. If any raises a hand to say yes, the judge questions the juror candidate to determine whether it is a problem. The judge then lays out the timing of the trial: when it will begin, approximately how many days it will take, whether it might require sequestration. Again if any juror candidate raises a hand stating a conflict, the judges questions and makes a determination. Only then do the attorneys start the voir dire process. The judge often asks questions as well.

    Last year, I was called for jury duty. When my group was called before the judge, I did not know the Judge (it was her first case in this district) or attorneys (all were from out of state representing the two corporations in a civil suit). However the judge announced that the trial would start on Tuesday and take three days. I raised my hand to indicate a conflict. The judge asked why and I explained that I was representing a client in a case starting Wednesday in US District Court starting Wednesday. I was immediately excused. It is far easier to get another juror than reschedule a Federal case.

    in reply to: Jury duty #1209192
    Ex-CTLawyer
    Participant

    Zahavasdad

    “Why would a lawyer want someone on a case who clearly doesnt want to be there?

    Arent there dismissals where both lawyers agree and it doesnt count against your juror challenges?”

    #1 The person who doesn’t want to be there may still give an impartial and fair hearing of the evidence and follow the judge’s charge to the jury.

    #1a that person may have some education that will benefit the jury in deliberations. E.G. an engineer may be able to explain tolerances, etc in a product liability action

    #2 It doesn’t matter if both lawyers agree to keep a juror off, if the juror is not excused for cause by the judge (in response to the lawyer’s request and reasoning) then the potential juror must be left out by a peremptory challenge…charged against the lawyer requesting it. Otherwise, 2 lawyers could decide between themselves to eliminate all Blacks, Jews, Women, etc,

    in reply to: Jury duty #1209191
    Ex-CTLawyer
    Participant

    Joseph……..

    “A jury is charged with determining the guilt of the defendant.”

    ONLY in criminal trials.

    As an attorney I often deal with juries, BUT I don’t do criminal work. The juries in a civil trial determine whether a plaintiff has proven his/her case and is entitled to damages to be made whole. Guilt is not part of the process.

Viewing 50 posts - 2,451 through 2,500 (of 3,279 total)