The Lawyer and the Lazy Judge: How Susan Weaver Runs a Courtroom

I am not lazy. I am busy.

Today’s Doc of the Day is a link instead of a doc. Click here.

I wish I saw this article before I wrote my appellate brief for Micheal Pietrczak v. Laura Lynn, et al. Not that being right and having the best authorities helps in Arkansas. My litigation adversary represented by William Zac White of Heber Springs did not even bother to file an opposition brief and the COA has not made a ruling in the seven months since the appellee’s response was due.

The article discusses the difference between Federal court, where the judge writes the orders and judgments, and Arkansas courts, which allow the prevailing party to write the orders and judgment as a draft, and the judge usually just rubber stamps it.

Judge Susan Weaver takes it a step further. She will fail to rule on a motion if she does not like the only reasonable outcome, then use the excuse for her dereliction of duty that she is waiting on the litigant to draft the order.

But, if she wants to dismiss a counterclaim even though the counter defendant failed to file any response, she goes ahead and does that sua sponte, without giving a logical reason.

She did these things to me.

She also granted a written motion allowing Pietrczak an extension of time to serve a summons without giving me time to respond in writing and said the written order is the same as her oral order. It was not.

The article addresses this same unethical behavior. “Finally, when opposing counsel submits an order to the court, objections should be made quickly to any substance.”

I objected, but to no avail.

Court Reporter Jana Perry went along with the ploy and fictionalized what was said in the hearing. Then Judge Weaver, Attorney General Leslie Rutlege, the Court of Appeals and even federal district court judges, Billy Roy Wilson and Lee Rudofsky all made excuses why the public should not hear the recording that would not follow the transcript.

Hmmm?