The judge doesn’t have unlimited leniency, of course. But while this technology is still new, the court has an interest in educating lawyers about the fact that this is not, in fact, acceptable behaviour in court and will result in punishment. The second option helps achieve that goal while it is still relatively new and unheard of. But I’m betting that if this judge sees the same thing again from another lawyer, they will just be fined and referred to the Bar immediately and this choice will not be offered.
I mean the second one is cute and all but I prefer the first one. That’s what I want all of them facing.
Honestly, should be both and the lecture should start with “Here is how I fucked up…” Discipline and shame together, not discipline or shame.
The judge doesn’t have unlimited leniency, of course. But while this technology is still new, the court has an interest in educating lawyers about the fact that this is not, in fact, acceptable behaviour in court and will result in punishment. The second option helps achieve that goal while it is still relatively new and unheard of. But I’m betting that if this judge sees the same thing again from another lawyer, they will just be fined and referred to the Bar immediately and this choice will not be offered.