There was a different sort of battle in a Chicago courtroom Friday. A Cook County judge threatened to lock up a Jewish attorney who didn’t come to court on Yom Kippur.
When attorney Moria Bernstein came to court Friday, she was facing possible arrest. She had notified Cook County Judge Veronica Mathein that she could not be on hand for an emergency hearing on a divorce property settlement matter because she was observing Yom Kippur.
The judge responded with a written order finding Bernstein in contempt of court and ordering her arrest.
“It’s still hanging in the balance,” Bernstein said earlier Friday. “I have two other court cases this morning which I have to put on hold until I can vacate this order clearing my name and also making sure that no sheriffs arrest me.”
“The rights of Ms. Bernstein on the holiest day of the year for the Jewish faith should be acknowledged and respected,” said attorney Burton Grant.
A contentious hearing followed, that hinged not on religious rights but whether the hearing on Yom Kippur was, in fact, an emergency. After Judge Mathein impatiently told Bernstein twice to “please stop talking,” she decided to vacate the contempt and arrest order.
“I’m happy that the motion was vacated and rightfully so. I’m upset that nothing was addressed or there was no apology made,” Bernstein said.
Grand added, “She’s an up and coming rising star in the profession and something like this isn’t going to help her reputation. It would more likely impugn her reputation.”
Just before the Bernstein hearing, Judge Mathein proved that she was ready and willing to act on a contempt finding. During a divorce hearing, a man refused to answer her question: do you have a second job? After his second refusal, she ordered him to spend the weekend in the county jail. The cuffs went on and away he went.
(Source: CBS2 Chicago)
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12 Responses
Can she counter-sue for violation of religious rights?
Shame on you Judge Veronica Mathein.
You have the outight Chutzpah to defy our holiest day of the year.
These types of storys underscore and highlight with a bright highlighter the terrible fact that morei v’rabbosai WE ARE IN GOLUS.
Could you imagine a Jewish Judge holding a Catholic Attorney in contempt for not appearing for a scheduled hearing on Good Friday. (that is if they even have Court on Good Friday)
We have been blessed in the USA that it is a medina shel chessed and stories such as these –and more importantly Judges such as Veronica Mathein –are presently rare.
LET US DAVEN THAT THE USA THAT IN OUR LIFETIME IS A WONDERFUL MEDINA SHEL CHESSED REMAINS THAT WAY in 5769.
this is the respect for people that you get from a woman
The lawyer deserves an apology from the judge,who,I’m quite sure was aware it was Yom Kippur but maybe ignorant of the fact that no matter what,like on Shabbos.,she could not go to work
Where can we write to complain???
The TRUE JUDGE (THE ONE ABOVE) is the ONLY JUDGE, and no doubt judged Ms. Bernstein favorably for not attending court on Yom Kippur. As far as “judge Veronica Mathein” – she definitely owes Ms. Bernstein a sincere apology!!!
Like # 5 – I too would like to know where we can write to complain. This is terrible.
judges do all kinds of crazy and illegal things.
i’m now working on a case of someone who was ordered by a judge to give his wife a get by yom kippur, even though the case is NOT ready for a get (too many issues to contend with, visitation not settled, custody is temporary (some children with father, some children with mother) medical issues still pending, property still pending, current economy now changing the whole nature of the case, etc. etc.)
yet the judge ordered mny client to give his wife a get by yom kippur!!!
a judge cann not be sued for items within the judge’s “discretion” (such as how to decide a case, how to (mis)scheduile the judge’s schedule, etc.)
and even in those cases where a judge can be sued, no lawyer will take the case, because no judge will ever listen to that lawyer in any other case.
so the judges have full discretion!!!+
this is only the begining, wait till after election day.
Would the judge consider working on Christmas or New years?
Hashem Yerachem Al AMoy vael artzoy!
Too bad that Ms. Bernstein did not know the correct law to cite and her responsibility to file a Motion before the Courtfor a continuance and to advise the Court of the following Section 2-1007 of the Code of Civil Procedure, which provides asfollows:
Sec. 2 -1007. Extension of time and continuances. On good cause shown, in the discretion of the court and on just terms, additional time may be granted for the doing of any act or the taking of any step or proceeding prior to judgment.
The circumstances, terms and conditions under which continuances may be granted, the time and manner in which application therefor shall be made, and the effect thereof, shall be according to rules. However, in actions involving building code violations or violations of municipal ordinances caused by the failure of a building or structure to conform to the minimum standards of health and safety, the court shall grant a continuance only upon a written motion by the party seeking the continuance specifying the reason why such continuance should be granted. It is sufficient cause for the continuance of any action that any party applying therefor or his or her attorney is a member of either house of the General Assembly during the time the General Assembly is in session, or if any party’s attorney is a bona fide member of a religious faith that dictates that the individual refrain from normal business activity or attend religious services as a part of the observance of a religious holiday and requests a continuance to observe such religious holiday when the date of a scheduled court proceeding conflicts with the date of such holiday, or if any party applying therefor or his or her attorney is a delegate to a State Constitutional Convention during the time the Constitutional Convention is in session, if the presence of such party is necessary for the full and fair trial of the action and, in the case of his or her attorney, if such attorney was retained by such party prior to the time the cause was set for trial.
Ralla Klepak, Esq.
I must disagree with the last comment. As any lawyer knows, all the facts must be understood. Here, the other party brought an EMERGENCY motion; therefore Ms. Bernstein did not have time to bring a motion for a continuance. An attorney often finds out about the emeregncy motion the day before its heard, as occurred in this case. Ms. Bernstein received the motion on the eve of yom kippur- when the jewish holiday begins. She had no notice to file any other motion. The judge should have realized that the emergency motion was scheduled on a religious holiday, respected the attorney’s religious beliefs, and continued it for one day. A judge has inherent discretion to do that. Neal G., attorney Chicago,IL.
I have to disagree with the last comment. Ms. Klepak obivously did not investigate all the facts. Ms. Bernstein was sent an emergency motion on the eve of Yom Kippur. In order to file for a continuance, she would have had to work on Yom Kippur. The emergency motion was neither an emergency nor was Ms. Bernstein obligated to the court to be present. Judge’s which are generally hesitant to hear emergencies without all attorneys being present for due process concerns should definitely have waited until the next day in this case.
Gainsberg, Attorney Chicago, IL
Relative to the comment from Ralla Klepak, it is most unfortunate that this individual (obviously an attorney), would retort that Moria Bernstein should have come before the court and cite a particular statute to obtain a continuance of the hearing scheduled for Yom Kippur. If Ms. Klepak checked into the facts of this case, she would have learned that the opposing attorneys served Ms. Bernstein with their “emergency motion” at about 4:00p.m. on the eve of Yom Kippur, which was at a time when observant Jews are to be partaking of the last meal before the commencement of their Yom Kippur fast, and preparing to go to their places of worship to start worshipping the holiday at about 6:00 pm. How does Ms. Klepak expect that Moria Bernstein can prepare the motion pursuant to the law cited by Ms. Klepak at 4:00pm, run into court and probably not find the judge present at that time, and be able to make it home to have her meal and go to services, all prior to 6pm that day! How disingenious of Ms. Klepak! Further, it is expected that a judge in Chicago should take judicial notice of the importance of the Yom Kippur holiday and give respect to an attorney of the jewish faith at such a time, especially when the matter is not truly an emergency.
Burton Grant