New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling”

gavel2180px-StaplerKMNew York Supreme Court Judge Charles Markey takes stapling very seriously. He took counsel to task for not just injurious stapling but failing to sign pleading, which were apparently signed in blood by the clerks.

The judge observed that two clerks cut themselves on a staple on the filing and mentioned the failing as part of the dismissal of a motion: “The poor stapling of the papers was so negligent as to inflict, and did inflict repeatedly, physical injury to the court personnel handling them. Such negligence on the part of counsel shows a lack of consideration.” Of course, poor judging is even worse for the legal profession.

The judge’s concern about the clerks is commendable. Markey, however, has issued a public defense in a letter to the editor and denied a fastener fetish, here.

Markey lists the following as his background:

* Judge, Civil Court – Queens, 2/02-present
* Judge, Criminal Court – Queens, 1/01-2/02
* Counsel, Board of Education Retirement System, 1995-2000
* NY Telephone Co./NYNEX – 1968-1994

For the story, click here.

8 thoughts on “New York Judge Uses Decision to Chastise Attorneys on Improper Stapling Motion for “Negligent Stapling””

  1. No, the best, particularly for those. Since the nations founding, judges have improved. That they are imperfect is scant proof that isn’t so. No country on Earth can take greater pride of authorship (though obviously we plagiarized grandly from England and France) in the formulation of the modern conception of the rights of the accused and the strictly egalitarian application of civil law.

    Unless you are powerful or rich “justice” is not a thing which exists in any judicial system. But slightly less so here. We practically invented the very notion such a thing could even be overcome at all.

  2. The best unless you happen to be black or Hispanic or poor. Since the begining of this nations founding, 1654 John Casor, judges have done what’s convenient. Unless your rich or powerful in this country the “JUSTICE” in the justice system “just” doesn’t apply.

  3. This is a prime example of our judicial system here in America. It has never been about justice only about personal views and personal gain.

    I can’t sit idly by while people badmouth the judicial system here in America. It has always been a best compromise, recognizing that all judges are fallible, subjective, self-interested parties, same as anyone else. I don’t think it would take an Appeals Court to notice the same thing that Jonathan did; that the remedy of derailing the petitioner’s redress is inappropriate for a clerical failure of this nature. In this way, although it doesn’t rob you of your right to rail against it, the system is largely self-correcting.

    For the most part, judges are allowed to appear to act from a personal agenda, simply because of how easy it is for a sore loser to claim on nearly vaporous evidence that it was a miscarriage of justice based on a personal agenda of the judge; if you could not demand the judge recuse himself before the trial, where merely the appearance of a conflict of interest is supposedly sufficient, you don’t have a strong legal claim this was about a “personal agenda”. The difference between the personal agenda of a judge and the judicial philosophy of a court is simply a choice of metaphors, not any more obvious distinction. In this particular case, I trust the appropriate appellate panel will correct Judge Markey’s misunderstanding of the extent of his judicial philosophy when it comes to details of paperwork. I’m sure they will do so more accurately, if less swiftly, than you have.

  4. This is a prime example of our judicial system here in America. It has never been about justice only about personal views and personal gain. From the U.S. Supreme Court on down judges can rule anyway they wish, by the time anything can be done about any wrong doing the damage is done and the judge is not held responsible. Only few exceptions exist, i.e. the judge in PA who was “selling” juvinile convictions and sentences to the prison industry was finally brought to trial but the Judge who let the NJ cop molest a cow is still on the bench. For the most part Judges have been able to act from and for a personal agenda. It is no wonder that people of this country are becoming more cynical and less respectful of the law.

  5. Her Majesty the Queen, have you ever noticed that once that Bitch gets the robe what they become. Black Robe Fever knows no Humility. This is crazy oh well, Hail to the Queen.

    No offense was meant to anyone. Its just a statement of fact to the Legal Profession.

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