Appeals Court Refuses to Remove Judge from Case for ‘Screw You’ Remark
Updated: A Michigan judge who said “screw you” to a lawyer in chambers may continue to preside over the lawyer’s case, a state appeals court has ruled.
Judge Jonathan Lauderbach of Midland County admitted making the remark last August after lawyer Jason Gower became confrontational, the Bay City Times reports.
The incident occurred during a discussion of a plea agreement in the judge’s chambers, the Midland Daily News reported at the time. According to a motion by Gower, Lauderbach said, “Screw you. … You’ll get your trial. … Get out. … Get out. … This hearing’s over!”
The Michigan Court of Appeals refused to kick Lauderbach off the case in a 2-1 unpublished opinion (PDF). “Disqualification was not warranted based on the fleeting breach of courtesy, followed by an acknowledgment of regret,” the court said.
In an email to the ABA Journal, Gower praised Court of Appeals Judge William Whitbeck for having the “gumption” to dissent (PDF) from “the ridiculous reasoning of the majority.”
“It’s a sad state of affairs when our trial court judges think they can do and say whatever they want because they know they will not be held accountable,” Gower wrote.
Gower’s client is accused of causing a car accident while under the influence of marijuana that killed his passenger, his ex-wife. According to Gower’s initial motion, Lauderbach said the accident would never have happened if he had sentenced the defendant to prison time for a prior offense.
The Midland Daily News listened to an audio recording of Lauderbach’s initial hearing on the disqualification motion. During the hearing, Lauderbach summarized his recollection of the in-chambers discussion.
Lauderbach said Gower rolled his eyes during the in-chambers plea discussion and argued his client’s innocence, even after the judge told him the hearing was over. According to Lauderbach’s recollection, Gower said he understood the judge as saying his client would get nine additional years of prison time if he went to trial. Gower “did say in a disrespectful tone of voice, ‘you’re going to punish him for having a trial,’ ” Lauderbach said. “I take this personally.”
The judge admitted saying “screw you” and telling Gower to get out of his office, but said Gower’s client would get a fair trial nonetheless.
Updated at 9:20 a.m. to clarify appeals court name, at 9:35 a.m. to include Gower’s comments and at 10:20 to link to the court opinions.
