January 15, 2007

Post Eighty-Three: Retired judge pisses me off

Recently, we had a hearing in front of a "retired" judge who was filling in for a judge who was leaving office in the new year, and therefore did not feel the need to work anymore. Think of "retired" judges as substitute teachers. With egos. This one, I have come to learn is both 1) stupid, and 2) possessing of a plaintiff's bias.

This hearing concerned a motion to compel the production of various documents, including documents that are protected by various medical privileges afforded under Texas and federal law. After tendering the documents for an in camera review, along with affidavits establishing the applicable privileges, the court took the matter under consideration.

A week later, we received an Order from this judge, such as it were. A model of clarity it ain't. It was unclear whether the judge was ordering the production of the clearly privileged documents. Therefore, being concientious officers of the Court, we filed a motion for clarification, asking the simple question, "are you ordering these documents produced?"

A week later, this retired judge issues a letter. In it, he states that our motion was "inappropriate" and that his prior Order "speaks for itself." This struck me as the height of dickery. This asshole can't bother himself to say a simple "yes" or "no" in response to our motion for clarification? Well, fuck him. Out of an abundance of caution, we're mandamus-ing his ass. And I hope he gets his ass chewed by the court of appeals.

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