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Presiding over an increasingly contentious trial, Judge Stern wearily watches an attorney cross-examine an obviously hostile witness. As the witness, an African-American woman, complains for the fifth time that a question is unclear, the exasperated counsel shoots back at her: "Come on, honey, you didn’t just step out of a cotton patch. You know exactly what I’m asking you." Opposing counsel does not object.

Should Judge Stern take any action?

1. Yes, Judge Stern should admonish the attorney to avoid any racially discriminatory remarks in court and to apologize to the witness.

2. Yes, Judge Stern should hold counsel in contempt.

3. No, Judge Stern can do nothing because opposing counsel did not object.

4. No, because counsel’s conduct is a legitimate, if indelicate, attempt to get an evasive witness to testify.



Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
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