You know how it is on TV and in movies. The clerk or the bailiff intones, “The Superior Court Section 50 In And For the County Of Los Angeles is now in session, the honorable Joseph Blow presiding. All RISE!!” and everybody stands up…defense tables, jurors, and spectators.
And, many shows being set in L.A., many court dramas actually are set in the L.A. courts, and they always have all the characters rise. But IRL, I’ve done a few stints of jury duty, and we never do that “all RISE” thing here. Do they still do that elsewhere? Would I possibly have encountered it if I had to other L.A. courthouses? Or is this just another instance of our irrepressibly casual approach to life here in southern California?
As a student journalist, I’ve spent a bit of time in Magistrates courts reporting on stories. They do the ‘all rise’ thing. When you’ve been there for over an hour and are being forced to stand yet again, while balancing your notebook and pen (no dictorphones allowed) it can get quite annoying.
I’ve never been to court in L.A., but “all rise” before the judge enters is IME standard operating procedure in American courts. A jury might not be aware of this because frequently the court is already in session (and the judge present) before the jury is shown in, and the court audience does not stand again.
ANGELIC –
I don’t understand this. In the States, the bailiff says “all rise” when the judge enters and as part of declaring that court is in session: “All rise, this court is now in session, the Honorable John Doe presiding.” So that usually gets done twice a day – in the morning and at lunch. Even when there are multiple cases being heard in a row, like on a motions calendar*, court is continuously in session, the judge doesn’t go out and come back in every time. I can’t imagine having to do it multiple times in an hour, unless they’re rotating multiple judges through a single courtroom, which is never done here, IME.
“Motions calendar” is a day or part of a day (Friday mornings in my jurisdiction) where an assigned judge hears non-dispositive motions in pending cases, and hopefully cleans up various “house-keeping” matters that can be ruled upon without scheduling a substantive hearing weeks in the future.
I end up standing multiple times because I have to stand when the case starts and the Magistrates enter. If there is a break then I have to stand when the Magistrate/s leave and again when he/she/they return. Then when all the evidence has been heard the Magistrates retires to consider their decision. Which means once again standing when they leave and when they return. Then we move onto the next case.
This is how the Magistrates Court works. I’m not sure about the Crown Court though, where the more serious cases go.
Actually they spoofed this sort of courtroom protocol in the movie My Cousin Vinnie, in which Fred “Herman Munster” Gwynne did a brilliant turn as an Alabama courtroom judge. At one point, the bailiff calls out “All Rise! as the Judge leaves!”
One thing you may not remember is that when the jury is brought into the courtroom, the judge is already there. So the “all rise” business took place before you entered the courtroom as a member of the jury. That’s why you didn’t see it.
ANGELIC: Yeah, that’s the way it’s done here, too. It’s just that this – “When you’ve been there for over an hour and are being forced to stand yet again . . .” – made it sound like you were springing up and down mulitiple times in a given hour. Maybe our hearings just last longer than yours.
BIPPY, failing to rise might be contempt, but I doubt many judges would so rule. It’s hard to argue that merely remaining seated (without more) somehow disrupts or disrespects the the judge or the court process. Legally speaking, there is some question whether the failure to perform a purely ceremonial act could in fact constitute contempt, but if that failure to do the ceremonial act is accompanied by any action that interferes with the administration of justice, then a finding of contempt would be justified.
I live in a small town in Texas. Here it depends on the judge. I’ve been called to jury selection where the judge basically told us not to bother rising and waved us to our seats. Another judge insists on having us rise everytime she enters and leaves. Otherwise, she’s just as friendly and laid back as the first judge.
The second judge will ask potential jurors if they have prior commitments, doctors appointments or anything of that nature before selection begins. If anyone does he/she is dismissed and doesn’t have to go through the whole process. She’s been known to dismiss people who obviously do not want to serve on a jury. She prefers people who want to be there.
When I was a law clerk in a federal court in Houston, one of the more fun parts of my job was being the “all rise!” guy for the courtroom, and holding the door open for the judge as he went in and out. As you enter you “knock the judge in.” This is announcing his/her presence by using a knocker on the entrance door three times and then giving the “all rise” as the judge walks in. If it’s the first day of voir dire in a jury trial you also give the following little speech:
“Oyez, oyez, oyez, the United States District Court for the Southern District of Texas is now in session, the Honorable Joe Jones presiding. God save the United States and this Honorable Court!”
The U.S. Marshal also announces “all rise for the jury” when the jury enters or exits.
Procedure will vary from court to court, but federal courts tend to be much more formal and the above is generally the case in U.S. District and (except for the jury) Circuit courts. I now practice in Texas state courts in a small town and the “all rise” is much less frequently used. Everybody generally rises of their own accord when the judge enters or leaves, but unless it’s an important criminal jury trial the baliff or court administrator doesn’t usually verbally instruct the courtroom to rise.
Presumably if you have a medical problem with standing repeatedly,then there wouldn’t be a problem.If the court has to wait for John Doe who is in his 80s to get himself to his feet,stand and then sit himself back down again,they’d be there all day…
Hmm. I’ve been on jury duty several times in the Los Angeles area; in all cases, if we were all seated and the judge entered the courtroom, the bailiff made us stand up. I’ve been on jury duty in Compton (twice), Torrance (thrice) and Van Nuys (once), so I assumed it was everywhere. Maybe it was just the quirks of the individual judges?
The situation suranyi mentioned has happened to me several times in the early stages of jury selection (everyone was already there when we came in, so we were never told to stand up).
In Magistrates the cases do tend to be pretty short.
“This case is too serious for us to deal with. I’m sending it to the crown court…”
“You’re pleading guilty to drunk and disordorly? I’m fineing you £100. Off you go…”
I don’t understand this. In the States, the bailiff says “all rise” when the judge enters and as part of declaring that court is in session: “All rise, this court is now in session, the Honorable John Doe presiding.” So that usually gets done twice a day – in the morning and at lunch. Even when there are multiple cases being heard in a row, like on a motions calendar*, court is continuously in session, the judge doesn’t go out and come back in every time. I can’t imagine having to do it multiple times in an hour, unless they’re rotating multiple judges through a single courtroom, which is never done here, IME.