This Judge (in fact a Recorder, who has the powers of a circuit judge but sits part-time) has been reported to the authorities for apparently falling asleep on the Bench. The usual suspects have lined up to denounce him, and Vera Baird, who ought to know better, has just told the BBC this casts the criminal system in a bad light, or words to that effect. She is reported thus:
Former solicitor general Vera Baird said she was shocked by the allegation.
"It's a pretty personally insulting thing for somebody when you're describing probably the most important event in your life.
"But also what does it say about the state, about judicial governance, about the criminal justice system?"
She added it would reinforce general views that the judiciary "are out of touch".This is utter nonsense: what it proves is that the judiciary is made up of human beings, most of them well the wrong side of forty, and some a good deal older than that, and therefore prone to nodding off at times
Now if the unfortunate Recorder had bullied a witness or misdirected the jury, or committed any one of the judicial sins that amount to misconduct, then they are sins of commission. To fall asleep is a misfortune: I have sometimes felt drowsiness creeping up on me, particularly on a warm afternoon two hours in, in a court with ineffective air conditioning and being forced to listen to an advocate who thinks he is being paid by the yard. I sit with two colleagues, and as I am usually the one in the middle I keep an eye on the other two, and I hope that they will keep an eye on me.
I used to sit with a colleague, now retired, who was a local GP. In potentially soporific cases we agreed to monitor each other.
There cannot be many magistrates and judges who have never come close to dropping off.
I hope that the JCO cuts the guy a little slack. Unfortunately the rules will forbid him from ever disclosing his point of view.