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Judge Labarga Sorry About That Time He Publicly Vowed To Hold Ten-Year Grudge Against Combative Lawyer

a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/_Wb7gmBhM3z4/SU_O8xB9E8I/AAAAAAAABHY/XpkAvUAH3aY/s1600-h/the-grudge.jpg"img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 291px; height: 400px;" src="http://2.bp.blogspot.com/_Wb7gmBhM3z4/SU_O8xB9E8I/AAAAAAAABHY/XpkAvUAH3aY/s400/the-grudge.jpg" alt="" id="BLOGGER_PHOTO_ID_5282668431277888450" border="0" //abr /Hey there folks, here's hoping you are enjoying all those holiday gift baskets I keep seeing in everyone's offices around town. Don't you just love court reporters?br /br /Anyway, a tipster who has asked to be referred to as "Fascist Bob" has repeatedly inquired of my view of a href="http://www.miamiherald.com/news/southflorida/story/822318.html"this story/a:br /p/pblockquotepspan style="font-weight: bold;"''When you pick a fight with a judge, ultimately, you are gonna lose. Not today, but five years from now, 10 years from now, six years from now. That judge is going to remember you, always, always,''/span Labarga said./pp``And, you know, when you do -- there is an old saying that if you go after a judge, you better kill him. Because, like I said, it's true.'' /p/blockquotep/pHmm. Let's see what the context was:br /p/pblockquotepThe court's recording system was running in May 2007 when Kollin appeared before Labarga on behalf of a client accused of selling counterfeit merchandise./ppLabarga announced at the outset that he was stepping down from the case because his former law partner, David Roth, represented a co-defendant. /pp But when a prosecutor's concern about meeting the law's speedy trial requirements prompted Labarga to start issuing instructions to a clerk, Kollin objected. And Labarga got annoyed./pp''Your Honor, I -- since you recused yourself, I would object to you making any directions to the clerk because you can't make any more rulings on it,'' Kollin said./pp''I know that,'' Labarga responded. ``I appreciate you coming here and educating me. I'm just a little country guy. I just got here off the boat a few months ago. I understand those things.''/pp''I don't appreciate the sarcasm,'' Kollin replied./ppKollin left the courtroom, and didn't come back./ppBut about an hour and a half later, Labarga started talking about him again, saying Kollin wanted to ``pick a fight./ppspan style="font-weight: bold;"''But you know, five years from now, he may have an attorney's fees hearing in front of me, he may have this in front of me then. And you are always going to remember those guys,''/span Labarga said. ``He's very combative. I have to be honest with you. I kind of wish I would have kept that case 'cause he would have been fun.''/p/blockquoteI don't know about this. On the one hand, those remarks were clearly out of line and should not have been said. On the other, I am sure that some judges do think that way sometimes, though one would hope they wouldn't act on such emotions years down the line.br /br /Here's Judge Labarga explaining his remarks:br /p/pblockquotepLabarga said Sunday that he remembered the 2007 case, but did not recall making the specific statements./pp''I go through 50, 60 cases a day,'' he said. span style="font-weight: bold;"``If it's on the transcript, I said it. Judges are human. I had a bad day.''/span/ppLabarga said the average person could read the statements and question his ability to be fair and impartial, but he said his record shows that is not the case./pp''I've been a judge 13 years, and there is no evidence that I hold a grudge,'' Labarga said. ``I have a really good record. To pick one negative incident out of my whole career is not an accurate portrayal of my overall job performance.''/p/blockquotep/pWhile I would have liked a more straightforward apology or expression of regret from the Judge, I'm willing to accept this as a moment of frustration and give him the benefit of the doubt, in the absence of other similar incidents. Plus I do not know Judge Labarga or his reputation.br /br /What do you all think?

Full post as published by South Florida Lawyers on December 22, 2008 (boomark / email).