Wednesday, November 13, 2013

Hobson's Choice

The interesting part of practicing law and litigation in particular is all of the interesting people that you meet, including the judge's. This morning, I was introduced to Hobson's Choice by the judge who I was appearing before.

For it seems that the reason the Defendant was not present in Court this morning was because of an open desk appearance ticket that was also scheduled for today in Criminal Court (I was in a civil court part). So as presented to me by the Court, the Defendant had two options, neither of which was particularly good for him. Even after attempting to call the Criminal Court to see if Defendant was actually there, the Court decided to take the safe approach and adjourn the case for a few weeks.

As the Court reasoned, the Defendant really didn't have a choice - he had to go to Criminal Court. My argument to the contrary, of course, was that the Defendant certainly had the choice not to commit at least 2 crimes since the last court date, the charges for which happened to be put on the Criminal Court's calendar for today. While the Judge agreed that we all have choice and no one forced the Defendant to commit crimes, we're adjourned for a few weeks and my client's Thanksgiving just became a little more stressful.