"Ask the Judge" column continues in La Prensa of SA, 9-23

Ask the Judge: Courtesy to Litigants/Attorneys
By Judge Steve Walker

In Pct. 2 on all dockets to include Small/Civil Claims, various attorneys, plaintiffs/defendants seek remedies to their legal issues before Judge Bill Donovan and me.

While plaintiffs seek to prove monetary damages not to exceed 10-thousand dollars for their claims vs. defendants, defendants hope for a “take nothing” verdict in the hope that the plaintiffs cannot prove their case. Attorneys from both sides obviously fight to have their clients prevail.

When an attorney is involved, if he/she wins the case, the lawyers are entitled to attorney’s fees decided by the Judge. The losing attorney receives no attorney’s fees from the opposing party. It is up to the losing party to pay their own attorney’s fees.

When it comes to the Eviction Docket, the same rules apply for lawyer’s fees as Small/Civil Claims although normally tenants for the most part do not hire a lawyer. Attorney’s fees for dockets dealing with truancy, disorderly conduct, and misdemeanors normally don’t apply since few attorneys are involved in the process.

When any docket is set in Justice of the Peace, Pct. 2, all cases are heard as quickly and fairly as possible.

Since most of the lawyers who practice in the JP Courts appear in multiple courts throughout Bexar County on the same day, it makes sense to move the docket expeditiously so they are able to defend their other clients later in the day in other courts. That applies to plaintiffs/defendants as well.

Courtesy is also extended to any party involved in litigation such as attorneys/plaintiffs/defendants if they call ahead with a valid excuse for their lateness to include unexpected traffic jams or some sort of tie up or emergency. Example: on more than one occasion in Pct. 2, one of the litigants have been delayed by traffic jams, collisions or an extenuating circumstance that could not be avoided within reason. Those cases will be heard at the end of the docket to allow them time to make it to the courtroom within a reasonable time.

Requests for a continuance of a case by lawyer/plaintiff/defendant, is sometimes approved due to mitigating or extenuating circumstances as long as it is requested before docket time. On numerous occasions one of the litigants is hospitalized or under doctor’s care that prohibits them from coming to court on the designated day.  Each side is normally allowed only one continuance, although the court makes rare exceptions.

Courtesy to all those involved in the judicial process makes for a fairer and level playing field. When both sides are treated with respect and courtesy, better legal decisions are formed.

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.