Sunday, August 19, 2012

"Ask the Judge" column continues in La Prensa of SA, 8-19

Ask the Judge: More Courtroom Scenarios
By Judge Steve Walker

For the past five weeks now, I have shared bizarre stories that occur in my courtroom that can only make the reader exclaim, “what the?” On a daily basis, plaintiffs and defendants blurt out inane comments that can make a grown man want to pull out his hair, if he has any, or burst out in uncontrollable laughter! So far I have been able to contain myself, but barely.

Of course there was one case that caused me to hide my face in my robe to not be disrespectful to a litigant. We will let that one go unexplained!

Here is one of many such stories that occur in my courtroom on an ongoing basis. A guy or woman is sued by a plaintiff for monies owed and he/she files a counter suit. The countersuit is for monies they believe that is owed them rather than the other way around to include “pain and suffering.”  It is called a spitting match!

We hear the main claim by the plaintiff and do not make a judgment until we hear the counter claim because both sides could technically win their part of the case and the monies due each side could offset the judgments.

Sometimes one side wins a specified amount of money and the other side proves the same. We sometimes deduct the lesser amount and award one side a smaller amount of money than requested. Sometimes both sue for the same amount and neither one wins. It is a take nothing judgment for both sides.

In one case I asked the defendant who counter sued for only “pain and suffering” to spell out the suffering. She responded that the pain and suffering was due to the plaintiff suing them in the first place!

I explained to the defendant that did not constitute “pain and suffering!

I would point out that you can’t help wonder if litigants have totally lost their minds or simply fail a reality check in putting their thoughts together. It never fails to amaze me that many litigants appear to be winging it as they make their presentation.

As the Judge I meticulously listen to their stories as hard as it is sometimes. Thank God I taught elementary school for some years and I am used to hearing what might appear to be fiction or fantasy tales.

Again as in past columns I have pointed out that most litigants in my court are articulate, respectful and are able to make a strong defense in their behalf or case against a defendant. Insanity in my court does not apply to all who come to my court in pursuit of justice.

Makes you want to at least scratch your head and say those famous words, “what the?”

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.

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