Kentucky

Due to the potential significance of this ruling and story to district court practitioners, I am posting the Jason Riley story in its entirety:

Judge tells attorneys to stop 'useless' objections

Courier Journal

Jason Riley

Maze and his prosecutors say they have an obligation to object to what they believe are unfair or illegal questions defense attorneys ask during hearings, and to make sure the objections are noted for the record.

"I'm just shocked," Maze said after the hearing, noting that criminal procedure rules adopted by the Supreme Court allow attorneys to make objections in court. "I don't know what's going on in his mind. We all go by the same rules," he said.

However, Maze said he has told his prosecutors to not object in Delahanty's court until the county attorney's office is able to appeal the judge's policy to circuit court and get a ruling.

During the hearing, Delahanty asked how the policy was jeopardizing the county attorney's office "except for the opportunity to grandstand and waste the time of the court?"

The judge says his policy includes the most common objections prosecutors raise, such as irrelevant questions by the defense, questions that have already been asked and answered or those that make no sense.

"I believe I have the discretion to do this," Delahanty said.

In an interview, Maze said Delahanty may have a standing objection, but the facts in each case are different and prosecutors need to argue questions on a case-by-case basis. "I am troubled with the concept that lawyers suddenly cannot conduct their hearings," he said.

Maze also said it appears defense attorneys are not being held to the same standard. Delahanty said in court that he has not had the same problem with defense attorneys.

Delahanty ordered Ward to not object as a defense attorney cross-examined a Louisville Metro Police detective Tuesday in a case involving felony possession of a handgun. The judge told Ward he would be held in contempt if he did object.

After Maze and his attorneys asked for a few minutes to discuss the issue, Maze told the prosecutor to not object, for now.

"I did not want him to go to jail," Maze said in an interview later, referring to Ward.

Delahanty ultimately ruled that there was enough evidence to send the case to a Jefferson County grand jury.

At Maze's request, Delahanty said he would put his standing-objection policy in writing so the county attorney's office could appeal it.

Delahanty saved his sharpest critique for prosecutor Matt Golden, whom he called the "chief irritant." Delahanty said Golden was "abrasive," "obnoxious" and feels the need to "object to each and every question that may be impermissible" by defense attorneys.

Golden could not be reached for comment.

Maze told Delahanty he would meet with him to discuss Golden. But Maze said other prosecutors have had similar issues in Delahanty's court