"Ask the Judge" Column continues in La Prensa of SA, 4-29

Ask the Judge: Legal advice in Court, Part 2
By Judge Steve Walker

Last week in “Ask the Judge” I informed the reader that it is not unusual for defendants or plaintiffs, once their case is heard to ask the Judge, “What do I do now?”

The reader was also informed that as the Judge I am not allowed to answer that question and many others because it would be considered “legal advice.” I pointed out by doing so I would in essence be acting as your lawyer. It is “conflict of interest” if I act as a judge and a lawyer simultaneously. Not allowed to do it.

It is standard practice for most judges to answer when asked legal advice, “Consult an attorney.” Most questions can be at least partially answered by court clerks or they can direct you to someone other than the judge for answers.

Aiding defendants and plaintiffs in filing out necessary various forms and additional paperwork is usually the task of the clerks who are available to do so. They are located in the lobby hallway behind one of 12 glass booths to help anyone who comes to the court for assistance and re-direction to the right person to solve their problem, which again may be an attorney.

As stated last week, I can only share some helpful “suggestions” with the reader that I am not allowed to express when I am sitting on the bench in the courtroom.

Last week I addressed questions about traffic tickets. This week one of the common questions I hear in Small Claims Court after I rule in favor of the plaintiff who has just won a judgment is, “how long will it take to collect my money?

Actually there is no way to know that answer even if I was allowed to answer the question. While it us somewhat easier to win a judgment, it is especially difficult to collect on a judgment. It could be immediately or it could be years! Most times it is much later than sooner.

Remember the defendant who loses the case in Small Claims has 10 days to appeal the verdict. If he/she does not contest the verdict, after the 10^th day the plaintiff can demand payment of the judgment, but not until then.

If the defendant decides to appeal to the County Court, the case heard in Justice of the Peace Court is moot and the case is reset and retried as if it had never been tried in the first place, in the higher court. The County Court could uphold the Justice of the Peace Court decision or overturn it with a totally different verdict.

Being knowledgeable beforehand on any kind of case will also make the process go much quicker for a better result. 

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran

and a former Journalist.