Abuse Of Discretion

Every once in a while I see a story that reminds me of my past life as a lawyer. I didn’t like the law but I got a kick out of some of the terminology. Abuse of discretion is right up there with officious intermeddler as one of my all-time favorites. Andabuse of discretion describes what some cracker judge in Mississippi just did:

A Mississippi judge ordered an attorney to spend several hours in jail Wednesday after the attorney chose not to recite the Pledge of Allegiance in court. The Northeast Mississippi Daily Journal reported that Chancery Judge Talmadge Littlejohn told a court audience to rise and say the pledge. People in the courtroom said Danny Lampley of Oxford stood but did not say the words.

Records show Lampley was booked into the Lee County jail at 9:40 a.m. and released about 2:30 p.m. on the judge’s orders.

Lampley did not immediately return a call to The Associated Press.Littlejohn was not immediately available through his office in New Albany or the court administrator’s office in Tupelo.

Littlejohn? Maybe he was disoriented and thought lawyer Lampley was Prince John or something.

Seriously, it’s well established precedent (at least until the Roberts Court gets its hands on it) that one cannot be compelled to recite the POA. This is a particularly egregious example because the guy was willing to stand; hardly a contemptuous gesture. Of course, any judge who does something this malakatudinous deserves all the contempt and scorn they get.

Bite me, Judge Littlejohn. Go take it out on Sir Guy of Gisborne or the Sheriff of Nottingham.

4 thoughts on “Abuse Of Discretion

  1. I guess we can tack “and reciting the Pledge” to the Sinclair Lewis quote.
    If I remember right, Crazy Eileen the Birther did a recitation during her 15 minutes of fame…which a google search confirms came at the expense of Mike Castle. Gee, I wonder who Crazy Eileen voted for in the primary?

  2. “Officious intermeddler” is an actual legal term? Cool!

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