{"id":35709,"date":"2022-09-15T17:12:40","date_gmt":"2022-09-15T17:12:40","guid":{"rendered":"https:\/\/cjstudents.com\/?p=35709"},"modified":"2022-09-15T17:12:40","modified_gmt":"2022-09-15T17:12:40","slug":"criminal-complaint-lodged-against-judge-after-litigant-rushed-to-hospital","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/09\/15\/criminal-complaint-lodged-against-judge-after-litigant-rushed-to-hospital\/","title":{"rendered":"Criminal Complaint Lodged Against Judge After Litigant Rushed To Hospital"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div id=\"single-post-content\">\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-medium wp-image-501847\" src=\"https:\/\/abovethelaw.com\/uploads\/2018\/05\/Bad-Judge-300x217.jpg\" alt=\"Furiously angry judge waves gavel, shouts and points threateningly\" width=\"300\" height=\"217\"\/>Judges can get mad and yell at people. It happens. In some instances, it <a target=\"_blank\" href=\"https:\/\/abovethelaw.com\/2021\/07\/give-him-this-to-go-cry-federal-judge-says-during-yelling-match-with-sex-cult-lawyer\/\" rel=\"noopener\">might even be justified<\/a> but it\u2019s <a target=\"_blank\" href=\"https:\/\/abovethelaw.com\/2015\/12\/unprofessional-judge-calls-public-defender-unprofessional\/\" rel=\"noopener\">still inappropriate<\/a>. The judge is the face of the justice system and running the courtroom like a fiefdom where they bully litigants and witnesses for their own ego aggrandizement is never acceptable. In the most egregious of cases, it should result in some form of <a target=\"_blank\" href=\"https:\/\/abovethelaw.com\/2022\/08\/bullying-judge-gets-suspended\/\" rel=\"noopener\">discipline<\/a>.<\/p>\n<p>At the very least, the judge should recuse themselves from a matter after an egregious episode, if only to avoid the appearance of impropriety. It\u2019s not just about the judge, it\u2019s about the integrity of the whole system.<\/p>\n<p>There appears to be a criminal complaint against New Jersey Judge Daniel R. Lindemann for assault. According to a document filed by one of the litigants before him, this complaint has been referred to a neighboring county (see, some people understand avoiding the appearance of impropriety!) and has already been assigned to a judge in that courthouse.<\/p>\n<p>That matter is still pending, but stems from a series of incidents, the most serious of which ended with a litigant representing herself taken to the emergency room after the judge\u2019s interrogation triggered the litigant\u2019s heart condition forcing her to pass out and be taken by EMTs to the emergency room amid fears of severe organ failure.<\/p>\n<p>Whether the judge\u2019s conduct amounts to something criminal depends on a lot of things, at least one of which is how much the judge knew about the condition beforehand. On that score, the judge acknowledges prior medical adjournments and some of those came after other hearings that ended with the litigant being admitted to the hospital.<\/p>\n<p>Putting aside the outcome of the criminal matter, this is the part of the pop quiz on judicial ethics where you\u2019d expect the judge to have the matter reassigned. He\u2019s been named in a criminal complaint initiated by the litigant and knows that his actions \u2014 even if he believes they were blameless \u2014 directly preceded the litigant ending up in the ER. Even if he doesn\u2019t see himself as the proximate cause of that episode, there\u2019s no way to spin this scenario into the foundation of a fair case going forward.<\/p>\n<p>This isn\u2019t the middle of nowhere! There are other judges in that courthouse\u2026 give it to them.<\/p>\n<p>Yet, Judge Lindemann seems committed to forging ahead with a trial next week.<\/p>\n<blockquote>\n<p>The Court has reviewed the subject 9\/9\/22 email from Defendant requesting an adjournment due to non-medical reasons. For the record, the Court\u2019s prior 8\/12\/22 letter granted the fifth (5th) adjournment request of Defendant (all of the most recent, and prior five adjournments were based on Defendant\u2019s medical needs and\/or physicians providing a medical basis for an adjournment), and the within request is the Defendant\u2019s sixth (6th) requested adjournment. The instant request for adjournment is denied and this matter will proceed on 9\/19\/22 at 10:00 a.m., which proceeding will be conducted \u201c<strong>Live in court<\/strong>.\u201d<\/p>\n<\/blockquote>\n<p>He seems to be downplaying these medical adjournments as if they didn\u2019t keep ending in the hospital.<\/p>\n<p>Oh! And that\u2019s before we add this nugget from the adjournment request:<\/p>\n<blockquote>\n<p>In light of the foregoing as well as the fact that the N.J. OAG Civil Rights Division is conducting an investigation, DCR Complaint H2022-000748\u2026<\/p>\n<\/blockquote>\n<p>Are you kidding me?!? The AG\u2019s office is potentially intervening in the matter! But the court wants to do the trial before the AG investigation concludes? I\u2019m struggling to imagine a district judge moving forward with a civil trial after the DOJ indicated that it was investigating whether one side\u2019s actions amounted to crimes. That\u2019s just batty.<\/p>\n<p>Seriously, it\u2019s time to walk away. It\u2019s in everyone\u2019s best interest.<\/p>\n<hr\/>\n<p><img decoding=\"async\" loading=\"lazy\" class=\"alignright wp-image-443318\" src=\"https:\/\/abovethelaw.com\/uploads\/2016\/11\/Headshot-300x200.jpg\" alt=\"Headshot\" width=\"189\" height=\"126\"\/><strong><em><a target=\"_blank\" href=\"http:\/\/abovethelaw.com\/author\/joe-patrice\/\" rel=\"noopener\">Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of <a target=\"_blank\" href=\"http:\/\/legaltalknetwork.com\/podcasts\/thinking-like-a-lawyer\/\" rel=\"noopener\">Thinking Like A Lawyer<\/a>. Feel free to\u00a0<a target=\"_blank\" href=\"https:\/\/abovethelaw.com\/2022\/09\/criminal-complaint-lodged-against-judge-after-litigant-rushed-to-hospital\/mailto:joepatrice@abovethelaw.com\" rel=\"noopener\">email<\/a> any tips, questions, or comments. Follow him on\u00a0<a target=\"_blank\" href=\"https:\/\/twitter.com\/josephpatrice\" rel=\"noopener\">Twitter<\/a>\u00a0if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a <a target=\"_blank\" href=\"https:\/\/www.rpnexecsearch.com\/josephpatrice\" rel=\"noopener\">Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n<\/div>\n<p><script async src=\"\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><br \/>\n<br \/>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/abovethelaw.com\/2022\/09\/criminal-complaint-lodged-against-judge-after-litigant-rushed-to-hospital\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] Judges can get mad and yell at people. It happens. In some instances, it&#8230;<\/p>\n","protected":false},"author":1,"featured_media":35710,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-35709","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-learningtheory"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/35709","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=35709"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/35709\/revisions"}],"predecessor-version":[{"id":35711,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/35709\/revisions\/35711"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/35710"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=35709"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=35709"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=35709"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}