Thursday, January 17, 2008

Judicial Restraint???...

There have been several news stories lately where judges have held defendants in their courts in contempt for some unusual reasons. The ones I most remember are where folks wrote something in the notation section of a check. In one case it was profane. In the other, I believe it was on the order of, "the judge is an idiot...".

In both cases, there were extra punishments... fines and maybe even jail time.

I squirmed a bit at that. Seems to me that if the defendant is paying the bill they can write just about anything except a threat on that check. No matter what the Supreme Court might rule on that, it just seems to me that it's simply an exercise of free speech.

What's next? If they don't like the check image I've used -- maybe I favor a rock band they find offensive, or I have a Christian theme -- can they hold me in contempt for that?

What's next?

I'll tell you what's next. No reading in the courtroom!

I had occasion to visit court today. I didn't do anything bad, I'm just trying to dig out of a financial mess and sometimes that means court. Today it did.

Knowing that the courtroom here in my town can be very slow, I took a good book. A book on making ideas "Sticky". It's a great read.

As I was unloading my pockets for the metal detector, the guard warned me, "Don't read that book in the courtroom."

I was shocked, and told him so. He told me it was the opinion of the main judge that reading a book in his courtroom is contempt.

"You can take that book in, but if Judge K******N sees you reading it, he'll hold you in contempt."

I wanted to say that I already hold that particular judge in contempt myself, but I didn't. I did say, "If he did that, I'd just have to fight it."

The guard raised himself up and said, "What did you say?"

I got ahold of myself and said, "Oh, nothing, I'm biting my tongue now."

So let me get this straight. An attorney can read a brief in court. A police officer can read and review notes for a trial he's waiting on. But I can't read a book?

D--

2 comments:

Jackie said...

You get one phone call. Call me anytime... :)

Anonymous said...

...wow. Just...wow.

Oh, and I read your blog now. Huzzah!