Berks County Bar Association The Berks Barrister Fall 2020 - 8

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"WITH ALL DUE RESPECT TO THE COURT, I DISAGREE"
Continued from page 7

There is hope for a continued commitment to civility. In
2000, the Pennsylvania Supreme Court promulgated the Code of
Civility in this Commonwealth. Importantly, the Code of Civility
contains two articles. The first article is entitled, "A Judge's Duties
to Lawyers and Other Judges." The second title is equally simple,
"The Lawyer's Duties to the Court and to Other Lawyers." The
clear intent is that civility is demanded from both sides of the
bench. The Preamble to the Code sums up what is expected:
The hallmark of an enlightened and effective system of justice is the
adherence to standards of professional responsibility and civility. Judges
and lawyers must always be mindful of the appearance of justice as well
as its dispensation. The following principles are designed to assist judges
and lawyers in how to conduct themselves in a manner that preserves
the dignity and honor of the judiciary and the legal profession. The
principles are intended to encourage lawyers, judges and court personnel
to practice civility and decorum and to confirm the legal profession's
status as an honorable and respected profession where courtesy and
civility are observed as a matter of course.
The conduct of lawyers and judges should be characterized at all
times by professional integrity and personal courtesy in the fullest sense
of those terms. Integrity and courtesy are indispensable to the practice of
law and the orderly administration of justice in our courts. Uncivil or
obstructive conduct impedes the fundamental goal of resolving disputes
in a rational, peaceful and efficient manner.
Although all of a judge's duties of civility need not be repeated
here, some of those listed in the Code of Civility are:
*	A judge must maintain control of the proceedings and has an
obligation to ensure that proceedings are conducted in a civil
manner.
*	A judge should show respect, courtesy and patience to the
lawyers, parties and all participants in the legal process by
treating all with civility.
*	A judge should not employ hostile or demeaning words in
opinions or in written or oral communications with lawyers,
parties or witnesses.
*	A judge should be punctual in convening trials, hearings,
meetings and conferences.
Similarly, while all of a lawyer's duties of civility need not be
listed here, the Code of Civility includes:
*	A lawyer should act in a manner consistent with the fair,
efficient and humane system of justice and treat all participants
in the legal process in a civil, professional and courteous

8 | Berks Barrister

manner at all times.
*	A lawyer should speak and write in a civil and respectful
manner in all communications with the court and court
personnel.
*	A lawyer should abstain from making disparaging personal
remarks or engaging in acrimonious speech or conduct toward
opposing counsel or any participants in the legal process and
shall treat everyone involved with fair consideration.
*	A lawyer should not bring the profession into disrepute by
making unfounded accusations of impropriety or personal
attacks upon counsel and, absent good cause, should not
attribute improper motive or conduct to other counsel.
*	A lawyer should be punctual and prepared for all court
appearances.
*	A lawyer should be considerate of the time constraints and
pressures on the court in the court's effort to administer justice
and make every effort to comply with schedules set by the
court.
*	A lawyer should understand that court personnel are an
integral part of the justice system and should treat them with
courtesy and respect at all times.
*	A lawyer should strive to protect the dignity and
independence of the judiciary, particularly from unjust criticism
and attack.
In addition, some courts have frankly and honestly demanded
civility. In a dissenting opinion written in 2017, Ninth Circuit
Judge Jay Scott Bybee felt compelled to comment on public
attacks on the judiciary. Judge Bybee said, "Even as I dissent..., I
have the greatest respect for my colleagues. The personal attacks on
the distinguished district judge and our colleagues were out of all
bounds of civic and persuasive discourse - particularly when they
came from the parties. It does no credit to the arguments of the
parties to impugn the motives or the competence of the members
of this court; ad hominem attacks are not a substitute for effective
advocacy. Such personal attacks treat the court as though it were
merely a political forum in which bargaining, compromise and
even intimidation are acceptable principles. The courts of law must
be more than that, or we are not governed by law at all."
The Iowa Supreme Court has said, "Standards of civility exist
in practice, not as a matter of convenience to the profession, but as
a matter of fairness and simple justice. These standards condemn
unfair tactics....Departure from the standards of civility are


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Berks County Bar Association The Berks Barrister Fall 2020

Table of Contents for the Digital Edition of Berks County Bar Association The Berks Barrister Fall 2020

Berks County Bar Association The Berks Barrister Fall 2020 - 1
Berks County Bar Association The Berks Barrister Fall 2020 - 2
Berks County Bar Association The Berks Barrister Fall 2020 - 3
Berks County Bar Association The Berks Barrister Fall 2020 - 4
Berks County Bar Association The Berks Barrister Fall 2020 - 5
Berks County Bar Association The Berks Barrister Fall 2020 - 6
Berks County Bar Association The Berks Barrister Fall 2020 - 7
Berks County Bar Association The Berks Barrister Fall 2020 - 8
Berks County Bar Association The Berks Barrister Fall 2020 - 9
Berks County Bar Association The Berks Barrister Fall 2020 - 10
Berks County Bar Association The Berks Barrister Fall 2020 - 11
Berks County Bar Association The Berks Barrister Fall 2020 - 12
Berks County Bar Association The Berks Barrister Fall 2020 - 13
Berks County Bar Association The Berks Barrister Fall 2020 - 14
Berks County Bar Association The Berks Barrister Fall 2020 - 15
Berks County Bar Association The Berks Barrister Fall 2020 - 16
Berks County Bar Association The Berks Barrister Fall 2020 - 17
Berks County Bar Association The Berks Barrister Fall 2020 - 18
Berks County Bar Association The Berks Barrister Fall 2020 - 19
Berks County Bar Association The Berks Barrister Fall 2020 - 20
Berks County Bar Association The Berks Barrister Fall 2020 - 21
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Berks County Bar Association The Berks Barrister Fall 2020 - 27
Berks County Bar Association The Berks Barrister Fall 2020 - 28
Berks County Bar Association The Berks Barrister Fall 2020 - 29
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Berks County Bar Association The Berks Barrister Fall 2020 - 31
Berks County Bar Association The Berks Barrister Fall 2020 - 32
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Fall2021
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Summer2021
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Spring2021
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Winter2020-21
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Fall2020
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Summerr2020
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Fall2018
https://www.nxtbook.com/hoffmann/BerksCountyBar/Berksbarrister_Spring2018
https://www.nxtbook.com/hoffmann/BerksCountyBar/Berksbarrister_Winter2018
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarristerFall2017
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister-Summer2017
https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarristerSpring2017
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