Courtroom conduct order

📄 Courtroom conduct order — Monday, January 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\23\COURTROOM-CONDUCT-ORDER.DOC

TRIAL

▲ Day 4 of 167

◀ Motion: Fuhrman racial bias evidence Motion: opening statement boards ▶

Date: Monday, January 23, 1995 • Utterances: 16

Judge Ito distributed and read aloud a formal courtroom conduct order establishing ground rules for audience behavior, electronic devices, and prohibited displays of partisan support. He also set trial procedural rules including one-lawyer-per-side-per-objection, no speaking objections, and strict 9:00 AM and 1:30 PM start times. Cochran proposed an additional norm that once the judge rules, neither side re-argues the motion.

# 1 MR. COCHRAN:

THEY'RE ON THE WAY BACK, YOUR HONOR, WITH THE TAPES. I ASKED THEM TO COME BACK IMMEDIATELY. THEY SHOULD BE HERE VERY SHORTLY.

# 2 THE COURT:

ALL RIGHT. WHILE WE ARE WAITING FOR THAT THEN, COUNSEL, I HAVE ISSUED AN ORDER REGARDING COURTROOM CONDUCT. HAVE COUNSEL RECEIVED A COPY OF THIS, MRS. ROBERTSON? WOULD YOU MAKE A HALF DOZEN COPIES FOR EACH SIDE, PLEASE?

# 3 THE BAILIFF:

I'VE GOT SOME EXTRA.

# 4 THE COURT:

ALL RIGHT.

# 5 (BRIEF PAUSE.)

# 6 THE COURT:

COUNSEL, I WOULD APPRECIATE IF YOU WOULD DISCUSS THE COURT'S ORDER WITH ANY PARTISANS ON EITHER SIDE.

# 7 MR. COCHRAN:

YES, YOUR HONOR.

# 8 THE COURT:

THE COURT WILL NOT TOLERATE ANY EXHIBITIONS OF OPINION OR REACTION TO ANY OF THE WITNESSES OR EVIDENCE THAT IS PRESENTED. THERE WILL BE NO TALKING IN THE AUDIENCE WHILE COURT IS IN SESSION. THE BAILIFFS ARE AUTHORIZED TO REMOVE ANY PERSON THAT THEY SEE TALKING IN THE COURTROOM WHILE COURT IS IN SESSION. THE COURT WILL NOT ALLOW ANY SYMBOLS OR STATEMENTS SUPPORTING EITHER SIDE SUCH AS T-SHIRTS, BUTTONS OR OTHER VISIBLE FORMS OF SUPPORT OR COMMUNICATION. ATTEMPTS TO COMMUNICATE WITH MEMBERS OF THE JURY OF COURSE ARE STRICTLY PROHIBITED. ALL ELECTRONIC DEVICES SUCH AS TELEPHONES, PAGERS AND ALARM WATCHES SHALL BE TURNED OFF WHILE IN THE COURTROOM. ANY DEVICE GOING OFF, THE SHERIFF'S ARE TO CONFISCATE. ANY QUESTIONS?

KEY QUOTE

# 9 MR. COCHRAN:

AT LEAST FROM OUR STANDPOINT, YOUR HONOR, WE WILL MAKE SURE EACH MEMBER OF THE DEFENSE GETS IT.

# 10 THE COURT:

ALL RIGHT. ANY QUESTIONS FROM THE PEOPLE?

# 11 MS. CLARK:

NO, YOUR HONOR. NO QUESTIONS. WE WILL DISTRIBUTE THIS TO THE PROSECUTION SIDE AS WELL.

# 12 THE COURT:

THANK YOU. ALL RIGHT. COUNSEL, WHILE WE ARE WAITING, LET ME TELL YOU THE GROUND RULES OF OUR TRIAL WHEN WE ACTUALLY -- IF AND WHEN WE EVER GET STARTED. ONE LAWYER ADDRESSES THE COURT PER SIDE PER OBJECTION, PER ISSUE. THERE WILL BE NO EXCEPTIONS TO THIS. YOU MAY TAKE TIME IF YOU WISH TO CONSULT WITH YOUR COLLEAGUES. THE COURT WILL BE GENEROUS IN GRANTING YOU LEAVE TO DO THAT. THERE WILL BE NO SPEAKING OBJECTIONS. OBJECTIONS WILL BE HANDLED AT THE SIDEBAR AS IS APPROPRIATE. ALSO, WE WILL BEGIN PROMPTLY ON TIME EACH DAY EVERY DAY. THAT MEANS THAT AT 9:00 O'CLOCK, EVERYBODY IS IN THEIR PLACE AND READY TO GO, NOT THAT THEY'RE WANDERING IN AT 9:00 O'CLOCK. WE WILL BE STARTING AT 9:00 O'CLOCK AND WE WILL BE STARTING AT 1:30, AND THERE WILL BE NO EXCEPTIONS TO THAT RULE. ALL RIGHT. COUNSEL, ANYTHING ELSE WE NEED TO DISCUSS BEFORE THE VIDEOTAPE SHOWS UP?

# 13 MR. COCHRAN:

MAY I SAY ONE THING IF I MIGHT, YOUR HONOR?

# 14 THE COURT:

YES.

# 15 MR. COCHRAN:

THAT THE DEFENSE WILL ASK THE COURT TO CONSIDER? WE CERTAINLY SUBSCRIBE TO THE RULES THAT YOUR HONOR SET FORTH. AND THE FIRST RULE, ONE LAWYER SPEAKS FOR EACH SIDE, I WOULD LIKE TO PROPOSE THAT ONCE YOU RULE, THAT WE LEAVE IT AT THAT AND THAT WE DON'T CONTINUE TO REARGUE THESE MOTIONS. THAT YOU RULE AND THE LAWYER FOR EACH SIDE -- BOTH SIDES WILL THEN SIT DOWN. I WOULD LIKE TO OFFER THAT TO THE PROSECUTION.

# 16 THE COURT:

THANK YOU, COUNSEL. ALL RIGHT. ANY OTHER ISSUE? ALL I SEE LEFT IS THE VIDEOTAPE ISSUE REGARDING OPENING STATEMENTS, THEN THE COURT'S PREINSTRUCTIONS AND OPENING STATEMENTS.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

THE COURT WILL NOT TOLERATE ANY EXHIBITIONS OF OPINION OR REACTION TO ANY OF THE WITNESSES OR EVIDENCE THAT IS PRESENTED.

Sets the tone for a tightly controlled courtroom, a direct contrast to the televised criminal trial's atmosphere.

Lance A. Ito

WE WILL BEGIN PROMPTLY ON TIME EACH DAY EVERY DAY. THAT MEANS THAT AT 9:00 O'CLOCK, EVERYBODY IS IN THEIR PLACE AND READY TO GO, NOT THAT THEY'RE WANDERING IN AT 9:00 O'CLOCK.

Signals Ito's no-nonsense approach to courtroom management, distinguishing his style from Judge Ito's.

Johnnie Cochran

I WOULD LIKE TO PROPOSE THAT ONCE YOU RULE, THAT WE LEAVE IT AT THAT AND THAT WE DON'T CONTINUE TO REARGUE THESE MOTIONS.

Cochran pre-emptively offers a professional norm, likely strategic — positioning the defense as cooperative while also limiting prosecution re-arguments.

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran

After Ito outlined trial ground rules, Cochran proposed that once the judge rules on a motion both sides sit down and do not continue to re-argue — framing it as an offer to the prosecution.

strategic

Witness Demeanor

(BRIEF PAUSE.)

Objections

None recorded

Proceeding 4414 • 16 utterances

Criminal Trial

Department 103