Garcia Case: Don't Call Gregory Ward a Judge

An issue that one Paul Garcia case observer called "bull----," put an amusing twist to the convicted murderer's case hearing Friday morning in Department 34 of the San Jose Hall of Justice.

Former Santa Clara County Superior Court Judge Gregory Ward, who retired in 2010 after 20 years of serving on the bench, was told by Judge David Cena that criminal attorney Edward Sousa can no longer refer to him as "Judge Ward."

Ward is working pro-bono to help Sousa with his retrial motion of Garcia, convicted by a jury in October of 2010 of first-degree murder of well-known

Cena reminded Sousa that Santa Clara County Deputy District Attorney Jeff Rosen, who's prosecuting the high-profile case, had said he preferred Ward not be called "Judge Ward since he's not acting as a judge in this matter."

Cena said he had granted Sousa that request and had advised that Mr. Ward be called Mr. Ward. However, Cena noted that during Friday's hearing Sousa referred to Ward as Judge Ward a couple of times.

"As the judge I ask you not to do that," Cena told Sousa. "I have the utmost respect for him [Ward], however in these proceedings he's acting as an attorney and not as a judge.

"Let me make it clear today, from now on that's how I want it," Cena noted.

Ward, who stood by while his proper reference was discussed, said while he didn't want to "make a big deal out of this ... Judge Ward has been my title since 1990.

"Out of respect to me and out of respect to the court I've agreed to be called Mr. Ward ... I'm fine if the court feels that it's somehow improper for me to be referred to as judge," he said.

Rosen said continuously referring to someone as "judge" when that person is not acting as one gives an elevated status that's not needed. "When I see Greg Ward at social events I call him Judge Ward ... it's just in this context, in the courtroom, I don't think it's appropriate."

Also, Sousa asked Cena is the bailiff can stop standing directly behind Garcia, who's brought to all the proceedings shackled and dressed in jail garb.

Cena, however, denied Sousa's request telling him the bailiff's job is to secure the courtroom.

"I object on the grounds that it's interfering with my ability to communicate with my client," Sousa told Cena. "It's interfering with my ability to have privileged communications with him because it's within earshot of a third party, who's a bailiff."

Also, Ward requested that he be able to sit next to Sousa so they can consult with each other during the case. Since Ward began attending the hearings, Garcia sits in the middle of both attorneys. The judge said he would allow them to sit next to each other.