Bailiffs behaving badly…

By: Amelio The · November 4, 2009 · Filed Under Criminal Law, Humour · 5 Comments 

…Well, maybe not so much a bailiff, but a courtroom deputy.  A report out of Maricopa County, Arizona amazingly shows Detention Officer Adam Stoddard taking a document from defence counsel’s files while she argues during a sentencing hearing.


While defence attorney Joanne Cuccia addresses the judge, the officer can be seen rifling through her file on the defence table. He then calls over another officer – again, still while Cuccia’s back is turned – to whom he passes a document from the file. Amazingly, this happens with neither Cuccia’s knowledge nor the judge’s, until the defendant himself speaks up!

As Cuccia attempts to assert her attorney-client privilege, the judge appears to want to defer to the officer’s discretion as to the extent of his duties. As reported by Heat City, the officer justified his search of the file and the taking of the document by the presence of certain “keywords” that led him to believe the defendant was a security risk. In a hearing that continues this week, the judge deciding the matter, has refused to consider potential contempt of court charges against the officers unless the contents of the document are revealed to evaluate any “keyword” – i.e. unless the defendant waives attorney-client privilege. The very privilege the officers are accused of violating. Bailiffs behaving badly? Attorney-client catch-22? In Maricopa County, Arizona I guess we’ll find out this week…

Post tags: , , , ,