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August 17, 2010

Judge Socks It to Tardy Attorneys at Modesto Courthouse (USA)

Judge socks it to tardy attorneys at Modesto courthouse
DA says courtroom rebuke uncalled for, cites staff reductions

By Rosalio Ahumada

Aug. 15, 2010

Tardiness and efficiency became the focus of discussion last week in a Stanislaus County courtroom, when a judge rebuked the district attorney's office for being late to a preliminary hearing in an elder abuse case.
Judge Linda McFadden said late prosecutors are stalling court proceedings, and it's becoming an ongoing problem, showing a lack of professionalism.
"This court sat around all morning," McFadden said from the bench. "It really puts a strain on the entire system."

Stanislaus District Attorney Birgit Fladager said the judge's public admonition was uncalled for. Budget cuts have reduced staff levels and imposed 13 furlough days for each prosecutor, who are overwhelmed with cases.
"The scheduling is a nightmare with staff limitations," Fladager said. "It's a logistical dance that we have to do every day in the courtroom."

A criminal law professor in Sacramento said McFadden took a bold stance on a subject that is rarely broached even in courtrooms where tardiness has become a common occurrence.



McFadden moved from Juvenile Court to Criminal Court in January. Before that, she worked as a prosecutor for the district attorney's office for 13 years.
McFadden's rebuke in court Tuesday ended when Rees showed up. Begen walked out, and the hearing started, lasting less than 20 minutes.

The defendant pleaded no contest to a felony count of elder abuse. McFadden sentenced him to 300 days in county jail, four years of probation and a protection order not to hit his mother again.
At the conclusion of the hearing, the judge told the defendant, "thank you for being here."

Abridged
SOURCE:    The ModBee.com


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