I have a question about courteoom procedure during the event of a medical emergency.
Now a judge’s say-so is just about absolute within the courtroom when a trial is in session… no one can approach the bench, enter or leave the courtroom, just about anything without the judge’s express permission.
Now, what happens if the judge suddenly keels over during a trial? Who adjourns the session…the bailiff?
Is there a procedure for this situation?
The general public can walk in and out of a courtroom for the most part without a judge’s permission. Lots of courthouses have people who just like to hang out there and watch trials.
As for a judge keeling over, I would say that the American system of jurisprudence isn’t trumped by laws of common sense. The ailing judge would be tended to and everybody would leave. If the judge were unable to continue, the court would assign another judge. Most likely, if it were a jury trial, they would excuse those jurors also.
Some statutes that I’m familiar with give the court clerk or sheriff the power to adjourn a court sitting to another date if the judge is not available. It’s normally meant for things like the judge being caught in traffic or a blizzard or otherwise delayed, but I would think it could be used in a case like this as well. The clerk’s power to adjourn means that the court doesn’t lose jurisdiction over the accused.
If it’s in a major centre, I would imagine the clerk could also fetch in another judge of the same court, as the statutes normally also provide that if the judge is sick/unavailable, another judge of the same court can take over the case, either temporarily or permanently.