Judge slept during trial

[Nev]

Those of you "Up Over" might be interested in this case from "Down
Under":

http://www.news.com.au/story/0­,10117,1 ... -2,00.html

JUDGE Ian Dodd slept and snored through the evidence of an alleged rape
victim in the fourth and most shocking case of his appalling
performance on the bench.

And while the judge has admitted to being asleep - and the Judicial
Commission has upheld the woman's complaint - no action will be taken
to discipline him.

The judge has not even apologised directly to the woman, who was giving
evidence about alleged sex attacks which began when she was just six
years old. Instead, he sent a half-hearted letter to the Judicial
Commission, which was passed on to the woman.

Now at her wits' end, the victim has decided to go public with her
complaint, demanding: "I want him removed from the bench."

Documents show Judge Dodd snored out loud as he slept for 15 minutes at
a time, causing laughter and comments from the jury.

Not only did the victim leave the stand "destroyed and humiliated", she
also feared the judge's behaviour may have influenced the jury's
verdict after the defendant was found not guilty.

The accused rapist was later convicted to 12 years' jail for a sexual
assault on another person, in a hearing before a different judge.

The case is the latest in a series in which the sleeping judge has been
accused of failing to administer justice in the manner demanded by the
public from its highest judicial officials.

Even before the complaints began to roll in, Judge Dodd was notorious
on the court circuit for his propensity to snooze on the bench.

In his letter to the Judicial Commission Judge Dodd, 56, acknowledged
the woman was "subjected to the effects" of an untreated condition
known as sleep apnoea.

The Judicial Commission decided not to take disciplinary action as the judge was now under treatment for his condition.

[LDuyer]

Nev,

Thanks so much for posting that!
Amazing story!
My first thought was how in some places the law comes down hard on drivers who fall asleep at the wheel. Of course in these cases, it's a matter of endangering lives. Still, the actions of this judge affects the lives of people who come before him in court. What do you think? Shouldn't this judge do some sort of public service and make his treatment public?

Such an interesting story. Thanks.

[Janelle]

Poor judge was probably caught in the insurance/DME paperwork/communication lag to get his machine and get started on therapy. And many of us know how long that can take,

[rested gal]

Thank you, Nev, for posting that article.

Documents show Judge Dodd snored out loud as he slept for 15 minutes at a time, causing laughter and comments from the jury.

(emphasis mine)

To the general public and much of the medical profession, snoring is regarded as funny - or annoying at worst. The louder the snoring -- the more gasping and snorting the sleeper does when an apnea jolts him awake....the funnier.

In this case, the judge's serious condition was apparently regarded as simply inappropriate. I can imagine the comments from the amused jury, nudging each other and whispering, "Listen! The judge is asleep!" When everyone in the courtroom should have been saying, "Listen! The judge is choking!"

If the man's eyes had been open instead of shut, how different would the reaction have been to those sounds he was making in his throat?

There have been big public awareness campaigns about the signs of heart attack and stroke. People rush to the aid of someone who falls down. They don't rush to the aid of someone who falls into disordered breathing sleep.

Part of the problem, imho, is the word "sleep" in "Sleep Apnea". Sleep sounds so peaceful. Not something to be taken seriously unless it's insomnia. Bed partners who snore in their sleep are annoying. They just need a good jab in the ribs!

I fault the medical profession in general for the public's appalling unawareness of the danger of OSA, and unawareness of one of the most telltale signs in so many cases. When's the last time a doctor asked you, "Do you snore?" As opposed to something like, "Are you getting enough sleep?"

I realize people can have OSA without snoring, and that people can snore from time to time and not have sleep disordered breathing - not enough to qualify for insurance companies to pay for treatment, anyway.

Snoring, however, is probably the most glaring sign of OSA in many untreated sufferers. It should be thought of as a breathing disorder that happens during sleep. Not just something funny that happens when some people "sleep".

The article at least mentioned "sleep apnea" in passing; however, most of the write-up was about amusement, inappropriateness, humiliation, slap on the wrist, etc.

It's hard to undo years, centuries probably, of regarding snoring as something to laugh at - or be angry at. Hope the media and the medical profession in general catch on faster to how deadly serious sleep apnea is ...and the signs of it.

[unclebob]

Hi Nev,

Thanks for the post.

This is just a great example of the debilitating effects untreated Apnea can cause no matter what our livelihood. While no one was killed in this instance it appears considerable damage was done. The only bright side is the judge may now realize he has a treatable condition and actually gets help.

Unfortunately, we may need more of these cases to really bring awareness to this disorder in everyday lives. The judge in this case was able to achieve substantial success in his career, which is good for him barring severe consequences of his condition, but what about others? It irks me to think how many people do not achieve their potential or a higher degree of happiness in their lives due to this largely unrecognized condition.

The portrait of a judge asleep on the bench in the middle of a trial at first blush seems cartoonish. But how many poor schmucks out there cannot hold a job or eke out a decent living simply because their condition is not recognized and they are thought of as being lazy. Time to start a bandwagon and get the media onboard.

Thanks Nev.

Bob F

[LDuyer]

rested gal,

So true, your points.

"Sleep" apnea or "Sleep Disorder" are misleading phrases, because of the "sleep" word.

This is not a sleep disorder, it is a breathing disorder. It just happens during sleep, disrupting sleep because we simply stop breathing. If our bodies didn't have a mechanism to help us, we'd be dead. Disorders which happen while awake -- well they get people's attention, as you said. It's a breathing disorder, pure and simple. The word "sleep" becomes a kind of odd stygma. How can something so wanted, so enjoyable, so needed be a disorder, in most people's minds. How many of us felt that way, even when knowing we have this condition?


Linda

[MandoJohnny]

Where are the "officers of the court" in this whole thing? There had to be a court clerk and at least two attorneys present. Were they sleeping too? Is it not thier responsibility to take action when justice is not be not being served. I think it is. They could have addressed the judge in a voice loud enough to wake him and suggested a recess. They could have then met with him in chambers and diplomatically discussed the situation.

[sleepypirate555]

Before I knew that I had sleep apnea (and even now) I took responsibility for how my tiredness affects others. The judge seems to be completely uncaring. He doesn't really seem to care that his "snoozing" is seriously affecting other people! What evidence did he miss because he was sleeping? How many cases? He seems to know what is wrong, but doesn't seem to truly get that it's him that needs to take responsibility for treatment. If you can't stay awake during your job (especially a job where you hold people's future's in your hands) take some time off till you can get better! I only have sympathy for the poor woman.