Frustrated Judge Reprimanded for Sarcastic Tone, ‘Asshole’ Remark

Judiciary

Frustrated Judge Reprimanded for Sarcastic Tone, ‘Asshole’ Remark

Posted Jul 1, 2008, 06:27 am CST
By Debra Cassens Weiss

A New York state judge says he won’t fight a reprimand for speaking to litigants in a tone of voice deemed to be sarcastic, angry and scolding. He was also cited for telling staffers that a litigant was an “asshole.”

Spero Pines has been a judge with the Broome County Family Court for 14 years. In an agreed statement of facts, the New York State Commission on Judicial Conduct found that Pines spoke in an intemperate manner in three cases, including two in which litigants in jail sought custody of their children, the Press & Sun Bulletin reports.

Pines told the newspaper he cooperated and would not fight the decision to reprimand him.

In one case, Pines told a litigant who was seeking custody while in jail that his testimony was “inane” and his interest in joint custody was “patently ridiculous.” Nonetheless, the commission found the litigant was not denied a fair trial.

In another case, both parents were in jail. Pines told the parents: “Neither one of you are in any position to take care of these children. As far as I’m concerned, you’re not in a position to take care of pets, much less children.” The parties later agreed on a custody and visitation plan.

In the third case, after the parties had left the courtroom, Pines twice called one of the litigants an “asshole” in the presence of courthouse staff. Two dissenting members of the conduct commission said the “asshole” remark should not be sanctioned since Pines was speaking in private conversation with two court staffers and disqualified himself from the case.

Pines issued a statement to the newspaper that said: "I welcomed the commission's review of my 14-year tenure on the Family Court bench and I understand and accept their criticism of me in the three cases cited. I am pleased that this matter has been concluded and look forward to continuing my service to the people and in particular the children of Broome County."

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Posted by So? - 4 months, 3 weeks, 21 hours, 41 minutes ago

I fail to see why a judge should be reprimanded for this remark:

“Neither one of you are in any position to take care of these children. As far as I’m concerned, you’re not in a position to take care of pets, much less children.”
Posted by sad but true - 4 months, 3 weeks, 14 hours, 20 minutes ago

These comments could apply to many parents, not just the ones before this judge:

“Neither one of you are in any position to take care of these children. As far as I’m concerned, you’re not in a position to take care of pets, much less children.”
Posted by Paul G. - 4 months, 3 weeks, 10 hours, 43 minutes ago

Another example of how America is going soft…that Judge didn’t do anything wrong. BOO HOO… he hurt some felon’s feelings, WAAA!!!
Posted by RP - 4 months, 3 weeks, 10 hours, 21 minutes ago

I completely agree with comments 1-3. What is wrong with NY? This judge is taking care of children, and as part of a society who has to deal with the consequences of the parents poor and criminal decisions - I don’t care if their feelings get hurt! He didn’t say anything that wasn’t true based on the facts!
Posted by Sue - 4 months, 3 weeks, 9 hours, 58 minutes ago

I agree with everyone else. I don’t see anything wrong with what the judge said in any of these cases. Ridiculous.
Posted by J - 4 months, 3 weeks, 9 hours, 15 minutes ago

I also voice agreement with the other comments. Talk about over-sensitive. The court house is not the place for sparing people’s feelings; it is a place where sometimes serious things need to be said, and in whatever manner it takes to get through to the listener.
Posted by GK - 4 months, 3 weeks, 9 hours, 6 minutes ago

The only problem with the judge’s comments is that he’s a judge. If courts want lawyers and litigants to treat the forum with respect and dignity regardless of how much they disagree with a court’s decision or regardless of whether the decision is upheld, then judges cannot be nasty and condescending to lawyers and litigants. “You must respect the dignity of this forum” and “you’re a loser who shouldn’t have custody of a pet much less a child” can’t really come out of the same mouth with any credibility.
Posted by associate - 4 months, 3 weeks, 8 hours, 48 minutes ago

GK, please keep your moral relativism to yourself.

The courthouse is where criminals go to have their actions judged. Period. If you’d ever worked in (or visited for a day) family court, you’d know that every person in the room knew the judge was dean on accurate including the defendants’ lawyers. The defendants’ lawyers are usually nodding in agreement with the judge when they say this stuff because they’re so fed up with their clients for refusing to listen to them and act like responsible human beings.

You don’t get through to these types of people without stepping on a little feelings, and even then, you have about a 1 in 10 shot at getting any results at all.
Posted by Res Gestae - 4 months, 3 weeks, 8 hours, 26 minutes ago

Okay, I’m glad I’m not the only one that read that and thought, “where’s the ethical violation here?“
Posted by Andy the Lawyer - 4 months, 3 weeks, 8 hours, 24 minutes ago

The article should have contained sufficient facts to enable the reader to determine if the object of the judicial remarks was, indeed, an asshole. if so, the “no harm, no foul” rule should have kicked in.
Posted by Jeremy D Sussman - 4 months, 3 weeks, 6 hours, 24 minutes ago

I agree with GK. The judge should provide the reasons for each decision and make it. Terms like “asshole” should be reserved for completely out-of-court situations and Dick Cheney.
Posted by Rick Rutledge - 4 months, 3 weeks, 5 hours, 4 minutes ago

Gee, and after three years of law school, I thought the courthouse was where ALLEGED criminals went to have their actions judged, and where civil litigants went to have their disputes resolved. So, now that I know the truth, why don’t we just do away with the legal fiction of purported innocence, and move forward more expeditiously?

I hope I harbor no more such gross misunderstandings of the legal/judicial system, or I could be doomed on the bar exam…

(There are myriad ways to “get through to these types of people” without resorting to insults or rudeness. And I thought ALL divorce litigants went through family court, regardless of their “type.“ No elitism there….)
Posted by associate - 4 months, 3 weeks, 4 hours, 36 minutes ago

Rick, you’ve never sat in on any family law proceedings (dependency, abuse, neglect, truancy, domestic violence, divorce, etc.), have you?

By the way, judges don’t make these comments pre-hearing (unless they’re already quite familiar with the parties). It’s during the ruling that they say these types of things.
Posted by R - 4 months, 3 weeks, 2 hours, 38 minutes ago

I was glad to see the judge took the high road in his response. He made a mistake, he acknowledged it… Move on.
Posted by bg - 4 months, 2 weeks, 6 days, 22 hours, 27 minutes ago

Rick, in New York, divorce actions are conducted in Supreme Court, which is where most civil litigation occurs. Custody, child abuse, paternity, juvenile delinquency, and other matters related to children are conducted in Family Court.

There is a judge in my county that will let his anger fly from the bench, and then proceed to hold a grudge against counsel and/or the client. In one case, he took such a personal dislike to a party that not even an affidavit from God would have swayed him! To report him, however, would result in ten years of repercussions as he is early in his term as he is unlikely to let go. Ever. It is easier to overturn him on appeal and otherwise play the game as he dictates it.
Posted by Todd - 4 months, 2 weeks, 6 days, 9 hours ago

I applaud the judge for his reaction to discipline. Right or wrong he did the right thing in submitting to the authority of those above him and accepting it with humility. No God complex with this judge’s ego. He deserves our respect for his humility even if for no other reason.
Posted by DC Esq - 4 months, 2 weeks, 3 days, 9 hours, 26 minutes ago

It appears that most comments (with the exception of 7, 11, 12, and 14) are highly suggestive of individuals who are neither (1) litigators, nor (2) participants in family law proceedings. As one who has been both, I think that this type of discipline and publication is way overdue. The decorum and respect that springs from judicial canons and bar ethics rules, and which is necessary for equal treatment, cannot be realized in an atmosphere where judges can behave outside of the bounds of behavior they themselves expect from lawyers and other parties.
Posted by Squanto - 4 months, 2 weeks, 2 days, 9 hours, 49 minutes ago

Gee Rick - I thought that the article stated that the parents were already in jail - therefore there is a very strong chance that they were already found guilty of a crime - beyond a reasonbable doubt. Therefore the presumption of innocence would no longer apply - At least that’s what American Law school teaches?
Posted by Squanto - 4 months, 2 weeks, 2 days, 9 hours, 42 minutes ago

DC Esq. As a litigator for over 20 years and having tried over 100 jury trials, and many family law proceedings. I do not find the judge’s comments as anything other than a refreshing statement of the reality of the situation. THe judge was not throwing books at litigants or lawyers, was not demeaning to the parties or lawyers as individuals (with the exception of the off- the record not directed at the person “asshole” comment), not critical of the law, judiciary or judicial system,. All too often litigants need someone in a black robe to tell them that they are wasting the court’s time and acting contrary to the interests of the children who are the subject matter of the proceeding.
Posted by Leigh - 4 months, 1 week, 5 days, 18 hours, 11 minutes ago

I did actually litigate in family court, both in NYC and in Alabama. It is inappropriate for any judge at any level to make these sorts of public statements during litigation, in open court. In his or her chambers, with only staff present, yeah, i don’t see the actual harm, though it does point to bias and it obviously offended whichever staffer reported the judge to the committee. Such conduct is unprofessional. However, after having practiced for 15 years, I’m not naive enough to think that judges are, by virtue of being judges, necessarily professional in demeanor. I don’t understand the tone of many of these comments though. Why do some consider it necessary to take personal aim at others’ comments? Each of us is entitled our opinion. Some of us have seen the reality and know that the bench is not as regal or as “pretty” as it’s often depicted on TV. As a side note, people can be placed in jail (in Alabama) for failure to pay child support, which does not entail criminal liability. it’s akin to debtors’ court. If the same is true in NY, these litigants might not necessarily be “criminals” as was assumed. Regardless of the litigants’ criminal history, the judge should conduct himself with a more professional demeanor, in my opinion. My bet is that these are not the only comments the judge has made in 14 years on the bench, and mildly reprimanding him for this behavior might curtail some of this behavior in the future. Behavior like this toward any litigant does nothing to raise the opinion of the American public about our legal system.

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