The Difference Between Handling Flung Dung In The Battlefield Versus From Behind The Keyboard
Consistent with my approach in court, a few years ago I would not give into a deputy sheriff/bailiff's pressure to decide whether my client and I were going to proceed with a felony preliminary hearing. The deputy urged that "a different judge and prosecutor are ready right now to do the hearing." However, the parties were still negotiating what became a great settlement at a later date.
The deputy replied: "I don't know where you are from, but you are a jerk." Wanting to put a stop to this second interruption by courthouse personnel to my critical attorney-client discussion behind a closed witness room door, and to keep my client on even footing with me, I declared "That badge gives you no authority to speak with me that way." He insisted he would have said the same thing without the badge, and I got my desired result of no further interruptions.
After we got our hearing continued by mutual agreement, I said to the deputy "Deputy, I am sorry if I offended you. I look forward to turning a new leaf with you one day." The deputy seemed stunned that I would offer an olive branch, and seemed to force a smile as an alternative to ignoring me in the face of the observing prosecutor and a few others in the courtroom. I offered the olive branch to the deputy after I had already accomplished my hearing continuance. Doing so at that time was not weakness, and was partially calculated to express my unflappability.
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Plenty of courtroom bailiff deputy sheriffs assist me immensely. The same goes for many courtroom clerks and at numerous times various judges, prosecutors and police officers. They have their own agendas, though, and must never be leaned on. A criminal defense lawyer can only lean on himself or herself, and sometimes on supporting colleagues, friends and loved ones...