Public-domain · open source
OpenJurist

189 A.2d 122

Ehrlich v. Perper

District of Columbia Court of Appeals · decided 1963-03-21

Key passage — most relied on by later courts

““When a trial judge indulges in injudicious behavior and intemperate language, it is only natural that a losing litigant leaves the court with a deep-rooted feeling that he or she has been denied a fair and impartial hearing. A trial judge can and should, by a judicious manner coupled with the use of temperate language, avoid lending substance to such a feeling.””

quoted by 2 later decisions, including 154 Ind. App. 603 - Dixon v. State, Ellen J. Ehrlich v. Martin H. Perper

“a firm conviction that incidents occurring during the trial, deplorable as they may be,”

quoted by 1 later decision, including Ellen J. Ehrlich v. Martin H. Perper

Good law ✅— No negative treatment on recordhow we know

Decided 1963-03-21

How this case has been cited

Cited by 4 later decisions — most recently July 1985

2 federal appellate · 2 state decisions

20196319701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1 This proceeding was a contest between-a father and a mother, now divorced and both remarried, for custody of their three young children. As would be expected, the contest was bitter and hard fought. After a hearing of several days the trial court awarded custody to the father.

¶2 The mother has appealed and earnestly asserts that she was denied a fair and' impartial hearing “by reason of the bias and prejudice exhibited toward her case by the trial judge.” Counsel for the father concedes in his brief that “the trial below was conducted in a manner that at times fell' considerably below the level of ideal judicial decorum and restraint.” A careful reading of the nearly 500 pages of the reporter’s transcript discloses beyond any question that the trial judge failed to fully maintain that atmosphere of judicial calm and impartiality so much to be desired in all court proceedings, and in some instances was unnecessarily harsh in questioning the mother and in exchanges with her counsel.

¶3*123 When a trial judge indulges in injudicious behavior and intemperate language, it is only natural that a losing litigant leaves the court with a deep-rooted feeling that he or she has been .denied a fair and impartial hearing. A trial judge can and should, by ■a judicious manner coupled with the use of temperate language, avoid lending substance to such a feeling.

¶4 Although there is much in the record which meets our disapproval, we are slow to reverse unless we reach a firm conviction that incidents occurring during the trial, •deplorable as they may be, demonstrate in fact the absence of a fair hearing. A reading of the entire record fails to bring us to ihat firm conviction.

¶5 Affirmed.

/189/a2d/122 · .json · Public domain