my day in court, literally (lyn)

Today I learn two things:

1.    Good preparation does not always work.

2.    If ever accused of a serious crime, I should not defend myself.

I have a hearing in front of a judge today.  In July I found out that I could have been collecting unemployment benefits from August of last year through July of this year.  I didn’t know to register and so I didn’t apply.  I tried to get these benefits paid retroactively, was rejected, appealed, and today is the hearing.  I qualify for 99 weeks of unemployment, and it looks like I’ll be paid for 91, and so I’m appealing for 8 weeks, or $3,440. 

I grab a quick breakfast of coffee and more coffee and a 100-calorie sandwich thin with a melted one-point baby bell light cheese medallion.  This is a bigger breakfast than usual for me, but I want to be well-nourished for my court debut.  I arrive in Brooklyn a half hour before the appointed time.  I’m more nervous than I thought I’d be.

Around 1:30, we (two guys from the NY Department of Labor and me) are called into a hearing room. The presiding judge immediately identifies himself, through words and actions, as a real prick.

Last night I had spent hours researching NY Labor Laws, Unemployment, and Extended Benefits.  I had six exhibits.  Two copies of each, as instructed.  And an outline of my defense.  I was excited to act as Perry Mason for a day, and felt confident and well prepared.

We enter the unadorned hearing room and take seats at opposite sides of a small rectangular table.   The administrative judge (not in a robe) sits at a desk at the head of the table.  He sets up a tape recorder and begins to record the proceedings.  He quotes the dates in question and they are incorrect.  When he is done, I try to explain.  He cuts me off.  I begin my defense.  He cuts me off.  He tells me there is no need for my many exhibits.  He accepts none of them.  He asks leading questions and when I try to elaborate he cuts me off.  “Just answer the question.  Did you, or did you not…..”  He is not prejudicial.  He shows the same level of curt, intimidating, rude behavior to the State guys.  He thinks one of them is talking too softly (I don’t think so) and asks, “Is there something physically wrong with you that would prevent you from speaking louder?”

We meet for an hour.  It’s obvious the judge was hoping to dispose of this case in fifteen minutes.  At one point, he even suggests that we adjourn for a different day “a few months from now” because of the discrepancy in dates.  I almost start crying.  He later discovers the document with the correct dates (which he had from the beginning) and the case proceeds.

Emotions get in the way of my thinking and I am not as polished as I thought I’d be.  I forget to ask key questions that I had prepared.  I am not impressed with my performance.  I expect the judge isn’t either. 

I’ll get his decision in the mail in two to three weeks.  I am not optimistic.