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Good evening #Threadnought

While we wait for news, here's a short thread on why judges don't like sanctions and sanctions hearings very much, even though everyone (judges included) knows that this can lead to more bad behavior:

It's the time.
I took a look at re:Search Texas, where you can limit searches to court and to open or closed status.

Judge Chupp has about 640 open cases on the docket right now. 50 weeks of 40 hours each per year is 2000 hours. That's about 3.1 hours per case PER YEAR.
This is not an exceptionally crowded docket - it's about in the middle of the other Tarrant District Courts I looked at. And that matches other courts I'm familiar with.
Now some cases will take far, far less than 3 total hours. They'll default or settle quickly. But others, like this one, take much much more. Judge Chupp has spent more on it today than the mean available time per year.
And sanctions might help with attorney misconduct a bit, but they don't move any case any closer to resolution. They're a sideline. A distraction. Something that interferes with other pending cases.
This is a common problem, and not just an American one. @BarristerSecret wrote a great book about the disaster that is the underfunded English legal system. That just covered criminal law in England & Wales, but the situation in the states is, if anything, worse.
@BarristerSecret The courts are easy to ignore. Very easy - they're not the legislature, and they're not the executive, and they have a tradition of nonpartisanship. All of which means that they are routinely underfunded.
@BarristerSecret Licensing bodies for attorneys aren't in much better shape.

So, yes, more gets brushed aside than should. That's what happens when everyone ignores the legal system. It's the branch of government nobody takes the time to get to understand.
@BarristerSecret Sanctions eat time that could be used to deal with the merits of another case. And they generally don't move their own case closer to resolution, although that's an exception under the TCPA.

So if you're wondering why the whole thing might not enthuse a judge, that's why.

/fin
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