Many years ago I had a civil trial where by week two, five of the six jurors had fallen asleep. When the last juror nodded off the lawyers approached the bench and pointed to the sleeping juror. In frustration, I responded that although I would wake up the juror, this was the last time I would. “The two of you put these jurors to sleep, so if you do it again you figure out how to wake them up.”
The issue of whether it is an abuse of discretion not to wake up jurors was never raised on appeal, but I do allow jurors to drink coffee and indeed serve it to them. So, what about us? What happens if we fall asleep? Not to worry if you are a judge in Illinois.
Judges sleeping during trial? No problem, says Illinois appeals court:
It’s not “reversible error” requiring a new trial for the defendant. The case involved a defendant in a quadruple murder case whose judge fell asleep during the presentation of security camera footage. He was then “allegedly poked awake” by his clerk. Defense attorneys say the judge fell asleep repeatedly during the trial. The judge said he was listening with his eyes closed. Chicago Tribune