Out of control judge

[RB TexLa]

She issued a subpoena for this. The Clerk of Court is not involved in any case she is presiding over. What happens when her oil change takes too long, will she subpoena the mechanic to court to answer why?

And if you are in New Orleans or Louisiana you know her section would be the one to close, with her work ethic it being reported on the news would be about the only way she would know her court was being shut down.


Clerk of Court cites miscommunication over Section A closure

Judge subpoenas criminal clerk of court over alleged Section A closure


NEW ORLEANS —Criminal Court Judge Laurie White has subpoenaed Criminal Clerk of Court Arthur Morrell to appear in her court and answer questions as to why he wants to shut down her section of court.


Morrell arrived in the courtroom Wednesday at 10 a.m.

White said, "I hear the media thinks my court is closed."

Morrell responded, "It was a miscommunication with the media. That press release was not meant to go out. The person [contractor] who emailed the press release has been fired ... We cleared it all up. We shuffled staff around to fill the spot ... The notion that I could close a court is ridiculous."







http://www.wdsu.com/news/local-news/new-orleans/judge-subpoenas-criminal-clerk-of-court-over-section-a-closure/-/9853400/20918246/-/lykbtc/-/index.html

[AnotherMcIntosh]

1. How is this judge out of control? Truthfully, no oil change was involved. No mechanic was involved.

An employee in the court clerk's office emailed a false press release.

And the employee who emailed the false press release regarding the court was fired by the head of the clerk's office.

The judge's inquiry about the false press release doesn't show that she is out of control.

[RB TexLa]

2. She issued a subpoena to the person holding the office that runs her court

She could have asked him to speak with her about what was going on. She did not have to use a tool that comes with the threat of being fined or jailed.

[AnotherMcIntosh]

3. No. The judge runs her court. The court's clerk does not. She's the judge. She doesn't have to

ask in a limited way to meet your criteria. In short, don't mess with how a judge runs her courtroom, and don't issue false press releases saying that her courtroom is closed when it is not.

Why are you on this? Do you work in the court clerk's office?

[RB TexLa]

4. So when the clerk of court's office cuts her funding, she runs the court LOL

Let's see her try that. Oh, wait she'd have to show up more than two days a week to do that.

[AnotherMcIntosh]

5. The clerk of the court does not have authority to cut her funding. Ignorance of the law is no excuse

[RB TexLa]

6. Yes he does. The clerk of court staffs the courts as they see fit. Yes pardon your ignorance.

The clerk of court is elected to perform this duty and is answerable to the people who elect him (or her) not to any judges. They can and have chosen to not operate sections of the court when funds are not available to operate a full court.

[Gravitycollapse]

9. The court clerk is most often appointed by the presiding judge(s)

[RB TexLa]

10. The clerk of court for Orleans Parish is an elected position. The are answerable to the people not

the judges and do not work for the judges.

[Gravitycollapse]

14. Where are you getting this information, if I might ask?

You're not just assuming the clerk is elected, right?

[RB TexLa]

15. I've voted elections for them, is that good enough?

Here, maybe a listing of the candidates from the league of women voters will be good enough for you. Who knows if it will be or not.

I honestly don't know what more to tell you. If you don't want to believe it, no one can make you.

http://lwvno.org/s2010op-crimclk.html

[Gravitycollapse]

16. You have to understand that it's unusual for court clerks to be elected.

Hence, my reluctance to simply dismiss what is common practice.

However, even if the clerk is elected, I highly doubt he or she has any authority over the judge. The judge is still the highest authority for the respective court regardless of how the clerk is hired.

[AnotherMcIntosh]

19. If so, why did the clerk of the court say "The notion that I could close a court is ridiculous."

http://www.wdsu.com/news/local-news/new-orleans/judge-subpoenas-criminal-clerk-of-court-over-section-a-closure/-/9853400/20918246/-/lykbtc/-/index.html

The clerk of the court said that the notion that he could close a court is ridiculous.

Why don't you believe thim?

[RB TexLa]

22. Because we need the court open and even though

He and the city are having a funding issue he's going to do his best to keep them all running. But that doesn't involve the judge.

If her section is shut down for a period of time she has no say in that.

[RB TexLa]

25. It's like saying "The notion I could kill a child is ridiculous." With the current funding issues

he probably will have to shut a section down or at least scale back on operation days. Hers would be the first to be cut due to her reputation and work ethic. She wants to protect her paycheck.

A lot of people are saying the leak was his way of telling her she needs to shape up.

[Gravitycollapse]

7. But seriously, the judge runs his or her court.

Not the clerk.

[RB TexLa]

8. No, they do not handle the funding and staffing of the courts. The point of my post was she should

have asked Mr. Morrell to speak with her, not summons him before her as if he is a witness or accused criminal.

[Gravitycollapse]

11. Just as a company executive does not personally staff each retail chain...

The judge is not responsible for tasks dictated to the court clerk. However, the judge still is the highest authority of said court and usually has the power to appoint and dismiss the court clerk.

[RB TexLa]

12. No they do not. The clerk of court is an elected office. The clerk is elected just like the judges

are elected.

I'm sure there are places where what you say is true. But not in Orleans Parish.

[Gravitycollapse]

13. Then the Parish is an exceptional case because most clerks are appointed by the judge.

Including the state level courts of Louisiana.

[AnotherMcIntosh]

17. Whether appointed or elected, the judges still run their courtrooms. Some in a highhanded manner,

some more gently. So far, nothing that the poster has said indicates that this particular judge was operating her courtroom in a highhanded manner. His claim to be offended by the fact that the judge issued a subpoena for the clerk to show up in her courtroom at a particular time does not show that.

Quite frankly, it's quite bizarre for someone to think that the clerk of the court is a superior or equal, in a courtroom setting, to a judge.

Dog catchers in some communities are also elected. That doesn't mean that judges cannot issue subpoenas to them.

[Gravitycollapse]

18. I am 100% in agreement with you.

I even stated above that even if the clerk is elected, the judge still holds highest authority over the court.

[AnotherMcIntosh]

20. And the clerk of the court agrees with both of us.

Even in the reported story, the clerk is quoted as saying:

"The notion that I could close a court is ridiculous."

http://www.wdsu.com/news/local-news/new-orleans/judge-subpoenas-criminal-clerk-of-court-over-section-a-closure/-/9853400/20918246/-/item/0/-/plm2fx/-/index.html

It's the poster's story. I find it strange that the poster doesn't even accept what the clerk said.

[RB TexLa]

24. She issued a subpoena to ask him about funding for the court. What if it were the state and not the

clerk of court doing this, would her subpoenaing the governor be fine?

All she had to do was ask him to meet with her. She didn't have to issue a subpoena to ask him about this.

[liberalhistorian]

27. I'm a former paralegal and my husband is an attorney

who's previously served as a judge. I'm not sure where you're getting your information, but you are not correct, for the most part. Most clerks of court in most jurisdictions are elected, not appointed. And most clerks of court and court administrators are the ones who run the courts, not the judges. In every state and county where I've lived, that has been the case. The clerk of court is elected and then that person is generally responsible for the hiring of deputy court clerks and administrative/secretarial staff. I've had several interviews for deputy clerk positions and the interviewees have always, always been the clerk of court and his top staff, never any of the judges.

[okaawhatever]

21. You don't think she wanted to put everything on the record? I would. Ofcourse, I'd also tell them I

was sending it just to get everything on the record.

[Iggo]

23. Fail.

[Niceguy1]

26. sounds like

The op has a personal axe to grind