There’s often tension between prosecutors and private practitioners. From my private practitioner seat (divided between the local TV news and chats with other lawyers), it seems to me that prosecutors too often dehumanize the (women and) men they’re obliged to prosecute, exhibiting a sense that all defendants are contemptible and that the prosecutor is entitled to win immediately and automatically.
So I must cheer a trial judge who recently issued this Order:
When a pro se defendant files a motion for modification of sentence, the Court depends on the State to read the motion, identify and explain the issues, investigate the claims, and submit a reasoned response addressed to any legitimate issue. A form response like that filed by the State in this case does not satisfy that responsibility. It provides no indication that the State has even read the motion, let alone considered or investigated the issues it raises. The Court strikes the State’s response to the motion for modification. The State is ordered to file a response within fifteen days hereof which identifies and responds to each issue raised by the motion.