The promissory note I sued on gave the lender the right to declare the whole amount of the note due immediately if the borrower missed a single payment. The borrower missed several payments and finally refused to pay anything at all. The lender exercised his right to claim the entire unpaid balance. The case went to trial. I presented all the evidence in less than five minutes. The borrower didn't have a lawyer and offered no evidence. Zero.
The judge looked at the promissory note and then at me. "Well counsel," she said, "you've established the facts and the law certainly supports your claim."
Then she looked at the defendant.
"Do you have the money?" she asked.
"No," he replied.
Then she looked at my client -- not at me -- and said, "Why don't you just take the payments."
The gavel came down. The trial was over. The judge slinked off the bench and into chambers. The bailiff had to restrain me from following her.
Why would a judge brush aside the facts and ignore the law she had sworn to uphold? What on earth caused her to act as she did? It was nothing I brought into the courtroom. She said as much. It was nothing the defendant offered as evidence. He offered none. Must have been something she brought with her. Could it have been empathy hiding under her robe?
Within thirty days of that verdict I sold my law practice and started a two year sabbatical. Now President Obama seeks to appoint judges with empathy. Be afraid. Be very afraid. Personally, I'm scared to death.
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