Blog Post


Not all of the Assistant Prosecutors in the Lincoln County Prosecuting Attorney’s office are rude, inconsiderate and unprofessional. And I will not call this particular one out by name. She can figure it out on her own, or not. But she is demonstrative of continuing trend in this profession of incivility.

Today I had a case set for trial at 1:30 p.m. I got there on time. She was also in the courtroom. It is not like I am an unknown entity. She certainly recognized me.

The judge’s morning docket had carried over to the afternoon so the court was running behind schedule.

The case is a minor infraction but since the only offer to settle the case made by her was to pay the maximum fine my client thought a trial would be in order. Why should he plead guilty and voluntarily pay the maximum fie, especially when we fell we can beat the case?

So the case was set at 1:30 p.m. today. We arrived on time. The prosecutor was there. I am sure she noticed me.

The court was running behind and our case was finally called at 3:30 p.m. It was then that the prosecutor announced that her witness was unavailable because she was out of town. (Highway Patrol Trooper). Now she obviously knew this earlier than right then. She probably knew a couple of days ago.

So why didn’t she call me and tel me she was going to ask for a continuance? Wouldn’t that have been the professional thing to do? Instead she caused my client to have to take off work and sit in the courtroom for nothing.

This is not an isolated incident. A few weeks ago in St. Charles County an assistant prosecutor made me and my client wait until almost 4:00 p.m. to announce that he was going to dismiss the case. He did not make the announcement until the case was called for trial.

I have seen the entire profession evolve. This sort of thing would never have happened when I first started practicing. Now rudeness seems to be the rule.

Some attorneys fail to take common courtesy into account when they are dealing with other attorneys. And that does not even take into account the extra expense to the client.

I did my best to explain to my client why this happened. He said he understood. How could he? I don’t.