I was in Dallas Federal Court Friday morning representing a client. We were on the 9:00 am docket, so there were several attorneys and clients in court waiting for the judge. When the Judge arrived and was announced and we all stood, his courtroom deputy then said "please bow your heads for a prayer." Everyone stopped and then she said "May G-d save this honorable court and the United States Of America." The judge then wished everyone a good morning and began his calendar. It took less than ten seconds.
I was surprised.
I cannot recall any other court I have been in starting with a prayer.
The late Henry Oppenborn, a wonderful county court Judge in Miami and former paratrooper who fought in the Korean War, used to start court by inviting everyone to stand and face the flag and say the pledge of allegiance. I always respected what the Judge did, because Judge Oppenborn's patriotism was clearly heartfelt. He was also a religious man, because I recall seeing a black smudge on his forehead on an Ash Wednesday. But he never brought prayer into his court.
Of course I have prayed in court. Quite often, actually. Usually during those interminable moments when the clerk is stumbling through the words preceding "Not Guilty" or "guilty".
I remember one memorable and high profile case many years ago where the clerk froze, over-come by the emotions of the moment. She started reading the caption: "In the circuit court of..." then stumbled, then started again and then couldn't pronounce my client's name, which caused her to start at the top again. Meanwhile, my client and I were standing frozen, our hearts pounding, and I am sure I was praying to just get the clerk to make it through reading the verdict, as his future hung in the balance. Mercifully, the judge interrupted the clerk, announced that my client had been found not guilty, and then was wise enough to recall that the law in Florida requires the clerk to publish the verdict, and asked her to give it another try. Freed of the pressure, she breezed through it, while my client quietly sobbed and hugged his wife.
And of course I have often recited the (Alan) Shephard's prayer, made famous by Alan Shephard, the first American in space, who was over heard saying "Oh Lord don't let me screw up" just before blastoff. (He probably was a bit more crude, using the F word, which is understandable given the circumstances. Considering there are now microphones in every courtroom, I stick with "don't let me screw up" usually before a trial or important motion begins.)
There have been a few pompous judges (not in Miami) that have started their court with their bailiff bellowing the "Oyez Oyez!" phrase and then the full liturgy than ends with "G-d save this honorable court and the United States Of America." Those are usually courtrooms where I resort to prayer, because that type of pomposity doesn't bode well for defendants in criminal cases.
But what happened in Dallas was nice. It was short, to the point, and a brief reminder to thank our creator for the wonderful country we live in, with a court system that strives to do justice- although I will save my criticism of the federal criminal justice system for another post.
Apropos of nothing, I also learned on this trip that the TSA takes a very dim view of toothpaste. My bag was stopped and searched on both ends of the trip, and I was admonished twice about carrying a tube of toothpaste on to the plane. When I inquired if the toothbrush was allowed, I was told it was. I recalled the many homemade shanks I have seen in jails carved from ends of toothbrushes.
Does the ADA know about this? What do dentists do when they travel? I have no idea.
All in all, it was a successful trip. My client and I were treated very well in Dallas, and I will be flossing extra hard this weekend.
PLR.
