Editorial
Front Page - Friday, April 30, 2010
I Swear...
Promises, promises ...
Vic Fleming
“I promise to appear in
court ...”
Such is the language on virtually every traffic citation in the 50 states.
The balance of this important sentence invariably involves a date and a time.
Such as “I promise to appear in court on the date and at the time stated above.”
Again, invariably, the court is identified and an address given.
Such as “Little Rock District Court, Second Division, 600 West Markham, Little Rock, Arkansas.” That is the court over which I preside.
And, once more, invariably, there is a spot on the citation calling for the signature of the person to whom the citation is being issued.
In that court, we have a distinctly identifiable issue with failures to appear, or, as it might otherwise be stated, the breach of that promise to appear in court.
Most judges take promises seriously.
Witnesses who are under oath have promised to tell the truth. Judges don’t like to be lied to.
Lawyers, even without taking “the oath,” are honor-bound to make only truthful and accurate representations to the court. Those who do otherwise lose credibility, either little by little or all at once.
But let’s get back to the person who signs his or her name to a ticket, promising to appear in court.
A certain judge has developed a mini-lecture on the importance of keeping promises.
This judge has the tendency to tell the defendant who is charged with failure to appear to “look at the language right above your signature.”
Sometimes this judge even asks the defendant to read the language aloud in court, the point being that if someone hears himself make a promise, he might start feeling differently about breaking that promise.
And so it was that, a few weeks back, this judge found himself face-to-face with a defendant who was charged with four counts of failure to appear, in addition to “underlying” charges on each of the four tickets.
With able representation from the public defender, this defendant was being offered a plea agreement calling for no time in jail.
Thinking that he would probably approve the plea agreement, the judge decided that once again the time had come to give the mini-lecture on promises.
Judge: Before I approve this agreement, I want the defendant to look at these citations. Is this your signature on these four traffic tickets?
Defendant: Yes, sir.
Judge: I’d like you to look at the language right above your signature on those tickets. Do you know what that language is?
Defendant: Yes, sir.
Judge: You do? Very well, then, what is it?
Defendant: English.
Judge (to the public defender): Would you please give the defendant the lecture that you know I was about to give him?
Public Defender: Yes, Your Honor.
Judge: Court’s in recess.
Whereupon, the judge went into chambers and laughed for 90 seconds, while his staff were all biting their lips in the courtroom.
Vic Fleming is a district court judge in Little Rock, Arkansas, where he also teaches at the William H. Bowen School of Law. Contact him at judgevic@comcast.net.
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