Today's Joplin Globe offers a new tidbit of information concerning the DWI case against Jasper County Presiding Commissioner Chuck Surface.
According to the Globe article, Surface's lawyer, Charles Genisio, is asking for a change of judge, saying he wanted to go before Judge Stephen Carlton, rather than Judge Joseph Schoeberl. Genisio told the Globe the request was made for "convenience" because he works a lot of cases before Judge Carlton.
Of course, it could also be because Schoeberl has a reputation for being tough with drunk drivers. Missouri makes it fairly routine for these change-of-judge requests to be granted. That is unfortunate.
So does everyone get to judge shop or just Chuckie? Do you think the judges could just post their record online so I could decide which judge I want at my convenience?
ReplyDeleteYes, in Missouri everyone has a right to a change of Judge upon request within ten days of their arraignment. (See Missouri Supreme Court Rule 32.07).
ReplyDeleteTurner has a very cartoonish and uninformed view of the court system. Judge Carlton has just as good of a reputation for fairness as Judge Schoeberl, to suggest otherwise is silly.
Yes, Judge Carlton does have a solid reputation in that regard. Schoeberl, however, has been a judge who has frequently been praised by Mothers Against Drunk Drivers, and who earlier served as a prosecuting attorney who took a special interest in the prosecution of drunk drivers. I am fully aware that these changes of judges are covered by statute, but anyone with common sense can see that you don't change judges without a reason and the reason given by Genisio was lame, to say the least. And he would be not be the first defense lawyer to roll the dice and take anyone besides Judge Schoeberl.
ReplyDeleteI have known Judge Schoeberl for years and have nothing but respect for him.
ReplyDeleteI worked for the court system for years. Some attorneys don't like judges that make them follow the rules. Kudos to judge Schoeberl for following the code of ethics for attorneys. Too bad he plans to retire soon....we are losing a good one. I've seen Charles Genisio in the courtroom plenty of times.....not impressed!
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