Prosecutor Jailed for Leaving Phone Off

[NashVegas]

LA GRANDE, Ore. (AP) -- A prosecutor was briefly sent to jail along with the man he helped convict of manslaughter after the lawyer refused a judge's order to turn on his cell phone.

Judge Phillip Mendiguren tried to reach Birnbaum with a jury question while the lawyer was on his lunch break Friday, Undersheriff Dana Wright said. When Birnbaum returned to court, Mendiguren ordered him to keep his cell phone on. The prosecutor refused, and the judge cited him for contempt.

1. Did the prosecutor have a responsibility to be available at all times?

2. Will it now be illegal for people in certain professions to be incommunicado when they are off the clock?

edit: OOPSIE

http://www.nytimes.com/aponline/national/AP-BRF-Cell-Phone-Prosecutor.html

[uptown ruler]

1. lame...

Spread the Word
CausePimpingThePeopleAin’tEasy

[Baltimoreboy]

2. Do you have a link

There has to be more to this story.

[Dogmudgeon]

3. Judge's prerogative

Judges are given enormous discretion. Most of them use it well, and some are just out-of-control bullies. Chances are good, though, that the prosecutor was arrogant in his refusal.

Being a lawyer in a felony case, especially where a death has occurred, is a serious responsibility. Staying available by cell phone is not too much to ask of proescutors -- or defenders.

--bkl

[Baltimoreboy]

4. You are being ridiculous

Everyone gets off time. Unless the judge had given prior warning that he might need to contact the lawyer, he has no right to oblige 24-7 access to an attorney.

[NashVegas]

5. What Did They Do In the Old Days?

Not being on intimate terms with pre-cell phone era lawyers, one wonders what lunch-time protocol was way back when.

TV, movies give us the image of sending a clerk out for lunch while they wait in the office, by the phone. But then, that's Hollywood, isn't it?

[MajorFlaw]

7. The story states that the lawyer had been ordered by the judge to

keep the phone on. It's not an unreasonable request during a proceeding which may be stalled by an inability to reach someone with decision making authority. This was not punishment for failing to be available in the past, it was punishment for refusing to keep the phone on for the duration of the case. Perfectly fair.

[kanrok]

10. Actually, the Judge was within his rights

a jury is out deliberating. They may have a question. The Judge is required under the law to advise both parties of the nature of the question, and to solicit opinions from each side about how to answer the question, or if the question should even be answered. Not wanting to wait for a lawyer to finish lunch in the middle of jury deliberations is eminently reasonable. The prosecutor is a putz.

[Dogmudgeon]

11. Sorry, this is exactly how it happens

Being on call is a fact of life in many professions -- especially in medicine, but it happens in law, too. Computer systems administrators are also often subject to being on call.

I was in medicine for about ten years, working as a tech, not a physician, but I was on call on many occasions. It didn't cut into my down-time very much, but I had to be available to do a test on an hour's notice (I did EEGs).

The lawyer on call will get plenty of time to relax, believe me. But during a trial, it's not unheard of for a lead attorney to be on call 24/7, even if the call never comes.

--bkl

[Divernan]

6. Sounds like a couple of power drunks with no concern for a fair trial.

Both the DA and the Judge were likely elected and there could have been some political bad blood between them. Whatever, neither of them should have gotten into a battle of wills in the midst of a murder trial. Such a disruption could easily provide grounds for an appeal. The question of availability in the era of cell phones is important, and this incident should prompt the county and/or state bar associations to consider the question.

[Rose Siding]

8. Don't state employees have mandated breaks?

The question couldn't wait an hour?

[bloom]

9. Actually - I would surprised if they did

and there are times when they have to stay around until midnight or whenever - if the jury is out.

I think it has been typical that they be reachable, fairly easily, during trials.