By Judge Steve Walker
It
is not unusual for defendants or plaintiffs, once their case is heard to ask
the Judge, “What do I do now?”
Unfortunately
as the Judge I am not allowed to answer that question and many others because
it would be considered “legal advice.” By doing so I would in essence be acting
as your lawyer. Sitting on the bench I cannot act as a judge and an attorney at
the same time. It is called “conflict of interest.”
Normally
I answer, “You need to consult an attorney.” Another option is to appeal the
decision if it does not go your way. Some bureaucratic questions as far as
filing out additional paperwork can be easily answered by the court clerk in
the courtroom or the clerks behind the booths out in the lobby area once you
leave the courtroom.
However
in this column I can share some helpful “suggestions” with the reader that I am
not allowed to express when I am in the courtroom and sitting on the bench.
One
of the common questions I hear in traffic court when a defendant decides at the
last minute to change their plea from no contest or guilty to not guilty and
request a trial is, “Should I pick a judge to hear my case or pick a jury?” To
that I cannot respond. The defendant must decide whether they wish for a judge
or a six person jury to decide their fate.
Remember
when you pick a jury to decide your guilt on a traffic ticket at a later date,
during the sitting of that jury, the Assistant District Attorney asks the
potential jurors the question, “How many here today have ever received a
traffic ticket in their life? Usually most of those seated raise their hand,
including the attorney and even the Judge.
The
Assistant District Attorney also asks many other questions of the potential
jurors to include how they feel about deciding the guilt or innocence of the
defendant or how many of them went ahead and paid their traffic tickets. The
looks on many of the juror’s faces are somewhat telling and may or may not be
in the best interest of the defendant.
Picking
a judge is usually more expedient and normally the judge has more leeway in
determining a fine should the defendant be found guilty. You decide.
Being
knowledgeable beforehand 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
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