The Difficult Judge There are many judges before whom it is a pleasure to appear. These judges follow the law, are respectful, will take time to explain the basis for their orders, do not have unreasonable expectations, and are efficient. If a judge fails to follow the law, the remedy is an appeal. But what is the remedy when a judge is impolite, slow to rule, or engaging in less than ethical or professional behavior? An attorney must first look inward before making the decision that it is the judge who is being difficult. In the 2011 survey of nearly 1,000 judges across the country, there was a resounding agreement among the judges, notwithstanding geographical location, about the attorney behavior that was most frustrating: general disrespect and rudeness toward opposing counsel and the court; lack of preparation; tardiness; sloppiness; arguing with the judge after a ruling is made; repetitive nature of an attorney’s argument or evidence; misleading a judge about the law. in the case of Saraki’s Legal Team who Walked out on Tribunal, A less formal study of this article demonstrates that these issues continue to be pervasive in the courts as well as a major source of difficulty for judges. Therefore, consider your own actions before placing blame on the judge. If, after this initial inquiry, an attorney decides that there is still room for improvement for the judge, what is the next step? Consider whether the issue is personal or if this is simply the way the judge treats everyone. Many judges are seemingly gruff or just not pleasant. This is often who they are on the bench and it should not be taken personally. Ask around about the judge’s demeanor or get to court a little early to see if that is how he/she treats others. If so, it may be a critique for a judicial evaluation,but it is not something to internalize or take away from the focus of your case. Judges should also be aware that being abrupt is not an effective method of communication and should strive to improve. Timeliness of rulings can be extremely problematic. What do you do about those judges who believe in deadlines only for the attorneys who appear before them? Set a status conference and if that fails, file for mandamus relief at the appellate level. In Nigeria Court, you are able after a certain number of days to ask the Court to rule, but be careful what you wish for. The court might rule and rule against you! There is a concern that, going forward, the judge will hold it against the party who filed for mandamus or requested a ruling. What about a judge’s continuous interruptions, apparent bias, discourteous remarks, or facial expressions? These are subjects well suited for a private meeting with the judge. At an appropriate time, the attorney should request a meeting with the judge keeping in mind ex parte concerns. Many judges will gladly meet with an attorney after a case has concluded to give constructive criticism about the attorney’s performance. The willingness to meet should also extend to concerns about the judge. The meetings should be non-accusatory and focused on the overall improvement of the justice system. Matters that simply cannot be resolved through less formal methods should be referred to the chief judge or NJC that oversees the ethics of judges. Ignoring this behavior further frustrates the ideals of justice. ]]>