We conclude that the procedures used by this trial judge unreasonably inhibited the ability of counsel to engage in meaningful voir dire examination of prospective jurors. Beginning the process of choosing jurors at 7:30 in the evening hours, after a party’s lawyer has already worked a full day in court representing various clients, is likely to call upon reserves of energy, insight and diligence already spent. A lawyer whose resources are thus depleted cannot be presumed to be able to operate at the ordinary skills level. And even if that lawyer is nonetheless able to perform with some competence, fatigue can impel the lawyer into subconsciously hurrying the process. In either event, the effect is to deprive the client of the lawyer’s skill, energy and dedication. For that reason, we find an abuse of discretion in beginning jury selection for this case at that time over the objection of the party, and the concerned party has shown some prejudice. Our holding is therefore limited to the circumstances here present in which the defendant has shown a proper and timely objection, the absence of any record circumstances for continuing so late, and the objecting party has demonstrated some prejudice.
http://scholar.google.com/scholar_case?case=7786990683930831051&hl=en&as_sdt=2&as_vis=1&oi=scholarr
“Of course, this technique also has the potential effect, as indicated in this case, of denying a party effective or meaningful representation by counsel. As with jurors, lawyers have limits and cannot be expected to routinely work trial days that extend well beyond ordinary ending time and into the evening.[1] Hence in a criminal case, it could lead to a denial of the effective assistance of counsel as required by the Sixth Amendment. In a civil case the effect, though not of a constitutional nature, could just as likely erode the fundamental right to have worthwhile representation by the lawyer. In either event, the conclusion is that exhausting counsel by such proceedings deprives the party of the right to have a lawyer’s skillful service.”
Somebody better tell Judge Nelson about this case!