Before I contact the judge.....

[WildBill]

Please note that a "defense to prosecution" does not equal an exemption from a law. It is something that can be used as a defense in a trial, but there is no guarantee that the defense strategy will be successful.

True, but if the judge knows about it, the baliff knows about it and the DA knows about it, who does that leave to arrest the person or prosecute them?

[ddstuder]

Can you be 100% sure that it was a weapon? Could have just been an empty holster, or an insulin pump, or,,,,

[gregthehand]

Or maybe he's a reserve peace officer. Who knows. Why rattle the monkey cage?

[LR95S97]

It was definitely a pistol. He leaned so far over the wooden railing that the weapon was clearly 'printed' through his jacket. It was a compact semi-automatic pistol. If I had been sitting a row or two closer, I might have been able to determine a make/model......

Once again, the only reason to bring this to the judge's attention is to educate his staff (not to 'rat out' the attorney).

I suspect that the majority of attorney's have (at one time or another in their career) upset a third party. Therefore I dont blame him one bit for carrying a weapon to protect himself.

[WildBill]

It was definitely a pistol. He leaned so far over the wooden railing that the weapon was clearly 'printed' through his jacket. It was a compact semi-automatic pistol. If I had been sitting a row or two closer, I might have been able to determine a make/model......

Once again, the only reason to bring this to the judge's attention is to educate his staff (not to 'rat out' the attorney).

I suspect that the majority of attorney's have (at one time or another in their career) upset a third party. Therefore I dont blame him one bit for carrying a weapon to protect himself.

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a): (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

He probably had permission from the court, so you wouldn't be ratting him out.

[zero4o3]

Can you be 100% sure that it was a weapon? Could have just been an empty holster, or an insulin pump, or,,,,

Or maybe he's a reserve peace officer. Who knows. Why rattle the monkey cage?

I may be missing something, but my take from the OP is, he is trying to find out if what he was told is correct or not, he does not seem to be conerned with wether or not the person he saw was carrying.

[wgoforth]

Once again, the only reason to bring this to the judge's attention is to educate his staff (not to 'rat out' the attorney).

Just curious, why do you think it's necessary to educate the judge's staff? What do you hope to gain from it?

I was going to say "Let sleeping lawyers lie." Then I realize "OH WAIT! They do!"

[WildBill]

I purposefully was the last one out the courtroom, and asked the baliff "it is my understanding of the law that the only persons allowed to posses weapons in this building are judges and law enforcement". He responded that "anyone can carry a weapon in this building, but the courthouse in downtown Houston, with all the metal detectors and security, does not allow weapons".

The baliff didn't say court, he said building. If the court were in a county building then you could carry into the building.

[Kythas]

I was going to say "Let sleeping lawyers lie." Then I realize "OH WAIT! They do!"

[LR95S97]

The judge called and said he would remind the bailiff that no one (other than himself and other law enforcement) is supposed to be "carrying in my courtroom". He went on to say that "because we are not given a metal detector does not mean I want weapons in my courtroom".

He was very appreciative (he mentioned it at least three times during the conversation) that I contacted him.

[03Lightningrocks]

Why would you contact a judge to tell him that his bailiff is giving invalid legal advice? Who cares? If you want accurate legal advice, don't ask a bailiff.

[JNMAR]

Why would you contact a judge to tell him that his bailiff is giving invalid legal advice? Who cares? If you want accurate legal advice, don't ask a bailiff.

[ELB]

If I saw the defendent was carrying, and the bailiff seemed unconcerned, I might be motivated to say something about it to the judge, but otherwise I think I would just go about my life and save my educational efforts for certain legislators. But that's me.