Kentucky

It is now in the appropriate forum as the courts will now decide whether the "standing objections" policy of Judge Sean Delahanty are legal or illegal.  The Courier Journal's characterization of the policy as "don't object" is somewhat misleading since the objections are preserved in the standing policy.

Without seeing the motion or actual case or controversy precipitating this appeal, I am not sure if the actual legal setting has been laid for an adequate review. 

And with all the legal forces of the Jefferson County Attorney's office allayed in the field of battle, then who is going to present the side in favor of the District Court judge?  A lone defendant and his attorney who presumably benefitted by the standing objections and will they actually address the viability or propriety of the objections vis a vis the ruling in the particular case?  Better yet is this much ado about nothing when one would expect that a sitting judge would be familiar with the basis of the objections nonetheless?  And what about simply incorporating those standing objections into the local rules of practice and see if the Kentucky Supreme Court will bless them?

Oh well, the courts will at least decide and not the pundits such as I or the CJ.

Judge's 'don't object' policy challenged

In a motion filed in Jefferson Circuit Court, County Attorney Irv Maze's office wrote that the judge's policy and subsequent threat to hold prosecutors in contempt is illegal. * * *

Delahanty told Maze the objections violate an unwritten policy he created where prosecutors have a ?standing objection to each and every question? that defense attorneys ask of witnesses during probable-cause hearings. The hearings are held so a judge can decide if there is enough evidence for a case to continue.

For the appeal, Delahanty wrote his policy down for Maze, noting he has had the rule for nine years, according to court records.

The policy includes the most common objections prosecutors raise, such as irrelevant questions by the defense, questions that have already been asked and, ?I?m tired of listening to defense counsel,? according to Delahanty?s document outlining his policy.

Maze?s office requested that a circuit court judge order Delahanty, or any other judge with a similar rule, to withdraw the policy.