By Judge Steve Walker
For the past two weeks in “Ask the Judge” I informed La Prensa readers that it is not out of the ordinary for plaintiffs or defendants to pose the question “Now what do I do?” to the Judge once their case is heard.
I also pointed out in the column both Sundays that as the sitting Judge I am not allowed to answer that question or many others from the bench based on the fact that it would be construed as “legal advice.”
I wrote, “By doing so
I would in essence be acting as your lawyer.” In the judicial it is considered
“conflict of interest” if I act as a judge and as an attorney simultaneously. It
is deemed unacceptable by law and as judge I can face reprimand or worse if I do
so.
In most courts it is
standard practice for the majority of judges to direct the defendants or
plaintiffs to “Consult an attorney.” It keeps us out of legal harm’s way. Most
questions both sides tend to ask can be better answered by court clerks who can
direct you to someone knowledgeable, be it a lawyer or other than the judge for
answers.
Defendants and
plaintiffs can request assistance by the clerks in the procedure to filling out
necessary various forms and additional paperwork. There are usually at least one
or more clerks to assist you in filling out the requisite
forms.
In Pct. 2, the clerks can be found in the lobby hallway behind one of 12 glass booths to help anyone who needs assistance and re-direction to the right person to solve their problem, which again most likely will be an attorney.
As stated in the
columns from the past two weeks, I am able to only offer “suggestions” with the
reader that I am not allowed to express when I am in court and hearing cases on
the bench.
Two columns ago I
addressed questions about traffic tickets. Last week I addressed common
questions from both sides that I hear in Small Claims Court after I award a
judgment in favor of the plaintiff.
I cannot stress enough
that either side that loses, has the option to appeal to County Court if they do
not like the decision made in Justice of the Peace
Court.
In Small Claims the
litigants have ten days to file an appeal of the verdict. In Traffic Court it is
half that. If he/she does not contest the verdict, the decision
stands.
In Eviction Court ,
defendants also have five days to appeal or move out and plaintiffs can re-file
at a later date when they can successfully prove a tenant legitimately owes them
rent. If the defendant decides to appeal to the County Court, they must post a
bond equal to one month’s rent and the process goes from
there.
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
No comments:
Post a Comment