We have had a rash of attorneys simply fail to show up for trial in the past few months. Sometimes they are set in multiple jurisdictions, sometimes they are consciously indifferent or even willfully skipping trial. Up to this point, my response has consisted of grinding my teeth and grumbling. But that's mainly because I don't know what else I can do.

I've been told that "criminal trumps civil" and "smaller counties trump larger counties" when it comes to sorting out where attorneys should appear. How SHOULD these attorneys be prioritizing their appearances?

If my judges aren't willing to hold them in contempt, is there anything that I can do? File a grievance? Text them frowny-face emoticons?

I'm just at a loss for what to do when (1) attorneys have legitimate scheduling conflicts; (2) when they have bogus scheduling conflicts (ala "I'm set for trial in . . . " but they are 15th on the docket); and (3) when they just don't show.

Thanks in advance veteran prosecutors . . .

Signed,
Stymied and Nonplussed

We have all dealt with interesting grounds for continuances, but your problem does seem to go beyond that. If there is a pattern of conduct by a single attorney, then it may be evidence of a violation of some rules of professional conduct, e.g., cmt. 6 to Rule 1.01 states: "A lawyer's workload should be controlled so that each matter can be handled with diligence and competence," and cmt. 7 states: " a lawyer is subject to professional discipline for neglecting a particular legal matter as well as for frequent failures to carry out fully the obligations owed to one or more clients." Cmt. 3 to Rule 3.02 clarifies: "Dilatory practices indulged in merely for the convenience of lawyers bring the administration of justice into disrepute and normally will be unreasonable." I would at least keep track of how often unexcused absences occur. But, as a practical matter, it is often not such a good idea to force a criminal defense attorney to trial. I will be curious to see what suggestions you get.

I had a judge (JP) ask me if they could issue an FTA for the attorney. Oh, how I wish I could have said yes.