Jury Duty

While I know I have zero chance of ever being selected to be on a jury, I do live vicariously through friends and family when they receive their summons in the mail. Last week it was mother's turn to complete her civic duty in Federal Court. It was around 2:00 when I received her text that she had been excused. It was her summary of events that made me shake my head and grin...

She was seated in the jury box while the judge asked general questions to all members of the panel. She did not respond when asked if she knew anyone in law enforcement. No, she thought, her daughter is a criminal defense attorney. The judge eventually started asking her individual questions including the standard question "is there any reason you couldn't be fair?". My mom responded that she thought she should mention that her daughter was a former Deputy District Attorney and now practices as a criminal defense attorney in Mecklenburg County. The judge immediately asked my mom why she didn't mention that when he asked about law enforcement.

My mother's response: "My daughter doesn't enforce the law, your honor, she defends it." She was summarily dismissed by the government's attorney.


Criminal Law Updates Provided by The Law Office of Carilyn Ibsen PLLC (888)543-2427

Advocating For Your Client

I previously wrote a post about defense attorneys being the most unpopular person in the room. A defense attorney has to be comfortable with that. Their job is to advocate for their client. The cold stares in the courtroom must be disregarded. Your client is your priority.

I represented a man earlier this week in a 50b restraining/protective order civil hearing. A women was accusing my client of acts of violence that would entitle her to a protective order. These are serious allegations. Not only does a protective order get placed in a national registry, but the judge can order the defendant to enroll and complete a batterers treatment  program, award attorneys fees and even structure child visitation if they are related to the case. We had a strong case with good evidence to rebut her claims.  The judge refused to grant the women's request and the case was dismissed. My client was happy. Others in the courtroom were not.

Later in the week I was back in criminal court with a different client. My client was accused of assaulting a police officer at the jail. I felt the video exonerated my client. The judge found her not guilty of the assault on the police officer. As far as being the most unpopular person in the room;  police officers in Mecklenburg County are subpoenaed twice a month for cases they have worked on. They come to court on their court day and sit in rows on the side of the courtroom. They wait for their cases to be heard and watch the court proceedings. I felt the stare of many in the courtroom while I cross examined the officer regarding the issue which I believed was excessive force used by the officer.

The job of the prosecutor is to represent the state. They are not there to advocate for the accused. A defense attorney won't win a popularity contest, but that is not their job. Their job is to advocate for their client, even though it might be unpopular.

Criminal Law Updates Provided by the Law Office of  Carilyn Ibsen PLLC (888)543-2427

Knowing When to Say No

My mother called me the other day and asked "Do you know when to say no?". She had been watching the case of People v. Conrad Murphy, the well known case against the doctor who administered Propofal to Michael Jackson at his home to help him sleep. The emergency doctor testified that his duty to a patient included the ability to recognize when something is outside of his area of practice. You call for help or you send the patient to a doctor who specializes in that area. The doctor testified that an emergency room doctor would never administer Propofal; the anesthesiologist would be called. Similarly, a  heart surgeon does not remove an appendix and a podiatrist does not test for allergies.

Most lawyers receive many phone calls throughout the course of the day. Their duty is the same. I get phone calls for a variety of issues. Recently a small business owner called with an issue with their bank. I don't sue banks. Someone else got fired from their job. Referred them to an employment attorney. Someone bought a house. Told them to find a real estate attorney and a good title insurance firm.

Nobody likes to turn away business. However, sometimes the duty to your client requires it.



Criminal Law Updates Provided By The Law Office of Carilyn Ibsen PLLC (888)543-2427