Depends on your state. In mine you don’t have to file the exact terms of a settlement unless the court thinks something hinky is going on. In that case you may have a management conference where the judge reviews the terms of the settlement verbally before agreeing that the suit can be withdrawn. Settlement disclosures are only required if requested by other parties actively litigating where the settlement amount may impact their judgements.
But this is variable.
Wow, what an interesting read. And how sad. So one trade-off of pleading NGRI is that you serve at the whim of the judge, and the sentence could be longer than if you plead G.
I didn’t read til the end – but does the Krol case roll back the judge’s discretion?
It does.
It sets standards such as the
the timeline for hearings (which, to date, Judge Taylor has violated every single time; see the GFM update for what can only honestly be described as an egregious violation of MB’s right to Krol hearings); and
the basis for continued confinement (e.g., a decision to continue confinement must be based upon the medical opinion of someone who has treated the acquittee in person within the last *30 days and is present at the Krol hearing to be cross examined - another standard Taylor completely disregarded at the most recent Krol hearing).
*I believe it is 30 days but someone please correct me if I’m wrong.
My horror regarding this facet of the case is not pro-MB. Literally anyone at all who values the rule of law and the civil rights meant to be enjoyed by all Americans should be disgusted at Taylor’s flagrant disregard for the clearly articulated Krol standards.
Anyone who finds this treatment (and lack thereof, with respect to actual medical treatment) okay or excusable in any way is not a person I can respect. It goes to absolute baseline respect for the law and legal precedent. I find it repulsive that a judge is able to act this way and do so publicly with no repercussions whatsoever.
You said that well. Repulsive and horror. The average time for folks with NGRI was 5-7 years? Some had been 30 years+. Taylor is disgusting.
Is this still America?
It is indeed frightening that a judge can condemn an individual to a facility, especially a facility that isn’t even providing a modicum of appropriate treatment.
As anyone tried contacting the ACLU or similar organizations?
I have to assume that Michael’s legal team has a plan.
on your entire post.
And wouldn’t it be lovely if someone wrote an opinion piece in major NJ newspapers - heck, maybe in NYT - about how some judges ignore such standards and act based on their own biases? (And I would like to see them use your exact words - "flagrant disregard for clearly articulated Krol standards…“baseline respect for the law and legal precedent”…“no repercussions whatsoever…”).
While there are no doubt other folks at AK and Greystone who are not getting the treatment they need, MB’s case is especially egregious because of the Catch 22 conditions imposed by Taylor. He won’t let MB out until he “works the levels” at Greystone…yet Greystone is not providing the sort of therapy/treatment that would allow him to progress through those levels. And I would bet Taylor is well aware of the fact that there is in actuality NO STRUCTURE IN PLACE at Greystone to help patients like MB.
Even better than a newspaper or magazine article would be a segment on 48 Hours or 20/20. Maybe that would goad the NJ legislature to start looking into the situation in the state’s mental health hospitals.
[Edited for clarity and to correct a typo.]
My observation through all of this commitment has been that JT was so disgusted that the jury found MB NGRI that he was determined to “make sure” that MB spent as much time or more in the system in NJ than he would have with a guilty verdict that he will exercise anything he can get away with to keep him confined.
I mean, all you had to do was see the expression on his face through the whole trial and reading of the verdict to know he was very angry with MB (potentially for MB not taking a plea deal) and considered him malingering through the trial. Watching other trials since then just confirmed the impression for me. Other judges can leave the actual judging of the defendant to the jury, and just handle the legal questions. The judge from the Murdaugh trial is a great example of judge that can leave his personal opinion on the guilt or innocence of the defendant completely unknown, based on his interatctions with and rulings from the bench.
A follow up on the episode they already aired, would be a way to go
Doesn’t anyone who follows these threads live in NJ? I’m on the WC, so I’m afraid the state legislature wouldn’t want to hear from people like me. But from one of their constituents? Sure. Call your congressperson and get them educated on what’s going on there. If you can’t do anything to make JT accountable, go over his head.
MB needs a disability lawyer on his team–there is a fantastic one in Chicago–and a coalition of victims rights advocates. I really wonder if the way this system is run for NGRI violates the Americans with Disabilities Act and the Rehabilitation Act–first because they are effectively barring him from seeking treatment, and second because they are not providing mental health services in the least restrictive environment for his condition. I think that some judges believe that protecting the public from the perceived threat is more important than other federal laws, but really this sounds like some serious rights violations.
https://casetext.com/case/gibbons-v-nj-dept-of-law-pub-safety
Another civil suit during Judge T’s time as Director, Division of Criminal Justice.
Judge T does seem to have a bit of a 'tude if he decides he doesn’t like you.
That being said, I have not done extensive research on the relative percentage of complaints and lawsuits for judges across the state of NJ and the US in general. Maybe his complaint percentage is right in line with the majority of judges. It potentially could be a interesting senior thesis for a poli sci student (or more realistically a grad school thesis given the sheer time that kind of research would take).
100% this.
I’ve never seen a more sour looking judge in my time. He may just have a severe case of RBF, but it reminded me of a friend who described that look as though ‘someone was holding a turd under his/her nose’. He was a thoroughly unpleasant presence at all times.
He looked, acted, and sounded pissy and put out all the time - on the verge of a tantrum. Even when speaking to the jurors he sounded short and ill-tempered. It must be draining to be in his courtroom, whether you’re prosecution, defence, jury, or staff.
Really an awful presence on the bench. None of that calm, steady, wise, neutral authority one wants/expects in a person who has risen to and been entrusted with the privilege of a judgeship.
Oof, what a thorough smack down. Every one of his citations were wrong according to the court. Ouch! Maybe that kind of experience is what makes him look and act so pissy all the time.
So, maybe it isn’t much of a surprise that he’s going about the Krol process so wrong. Not that it makes it any better.
I wish he would just recuse himself and let another judge handle the Krol hearings.
He was asked to and he refused.
He will not recuse himself because he’s on some sort of power trip and he knows another judge may actually follow the law. This is punitive if not just outright vengeful, and not judiciary in the least.
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