Judge utters expletive in court exchange

Judge utters expletive in court exchange
BY SHARON COOLIDGE
The Enquirer
July 12, 2007

A Hamilton County Municipal Court judge told an angry defendant “F--- you,” an almost unheard of breach of courtroom etiquette.

Judge Ted Berry was responding to the same phrase that was uttered at him by Ivan Boykins, a defendant Berry had just sentenced to spend 30 days in jail after Boykins complained that he didn’t want probation because it would prevent him smoking marijuana.

The American Bar Association’s Model Code of Judicial Conduct does not specifically outline what a judge can and cannot say to a defendant.

But a section on Decorum, Demeanor, and Communication with Jurors says, “a judge shall require order and decorum in proceedings before the court” and that “a judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge’s direction and control.”

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Boykins, 27, was arrested Feb. 8 on a trespassing charge after he was caught inside the downtown library, from which he had been banned, from, said Assistant City Prosecutor Jay Littner. Boykins racked up a second charge of possession of marijuana while out on bond on the trespassing charge, court records show.
Boykins pleaded no contest and was convicted Tuesday.

During sentencing, Littner suggested probation, prompting the defendant to comment, “No. I don’t want to do probation. I’m going to keep smoking,” according to a transcript of the hearing.

Berry instead imposed a 30-day jail term.

That’s when Boykins got really mad, prompting the foul language exchange.

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Berry, a Democratic and the son of former Cincinnati Mayor Ted Berry, was elected in November 2005. He replaced Judge Kendal Coes, a Republican.