Page 8 March 2015 By Steven Sarkis Once upon a time, about seven years ago, a bright-eyed 25-year-old justice of the peace took office in the Arcadia Biltmore Justice Court. ”The law is black and white,” he said to himself. “This shouldn’t be too difficult,” he mused. “Just open up these big law books, read the fine print, and voila, the answers will be waiting.” Well, as they say, ignorance is bliss. It’s a strange job, being a judge. Especially in the justice courts, also known as the “people’s court.” Here we see many people try to represent themselves without attorneys against those with the means to hire attorneys. After seven years and quite a few gray hairs later, the dilemma is often this: Should I, as a judge, do what’s right, just and fair; thus becoming known as a renegade judge among those in the profession, mostly attorneys and other judges? Should I do what’s right as far as morality, humanity and the golden rule are concerned; thus becoming known as the judge who doesn’t follow the law? Should I do what’s truly right and suffer the consequences? That being, among other things, disgruntled attorneys filing appeal, upon appeal, upon appeal, only to clog up my manager’s desk so high with files that she wouldn’t see the light of day until midsummer. I’ve found that doing what’s right and following the law are two very different things. As judges, many decisions we’d like to make would be grounded in fairness and true justice; however, they would not be grounded in the “law.” As such, they would likely get appealed and overturned from a higher court. The cases would then get sent back to my court only to force me or another judge to rehear them from the beginning, ultimately giving me a track record, as far as public record is concerned, of poor decision making. This is yet another consequence, as such things certainly do not increase a judge’s chances of reelection; therein lies part of the dilemma. The law is written for attorneys, The judge’s dilemma understood by attorneys and studied by attorneys. I don’t mean this is a negative light; it’s simply the truth. There is a reason attorneys go to school for three or more years to study this stuff and then have to pass a rigorous test to then practice law. How is Joe the Plumber – who is getting evicted from his property because he refused to pay his rent, since his landlord wouldn’t fix his heat in the winter or air conditioning in the summer – able to compete against an attorney? How is Joe able to take the time to read the law, understand the law and learn how to represent himself in court? How will he learn how to make objections, closing arguments and present evidence all while working a full-time job, supporting a family, being a husband, father and so on? The answer? He’s not. If he doesn’t have the money to hire an attorney, well, chances are the case will not end favorably for him, regardless of the true merits of the case. This is the harsh truth, even though many don’t like to say it. Although judges are generally prohibited from giving legal advice, the best legal advice I can give is this, “Get an attorney!” This way, at least the playing field is even. Without one, unless you are extremely prepared, highly motivated, or for some odd reason have made a hobby of reading the Arizona Residential Landlord Tenant Act or the Arizona Rules of Civil or Criminal Procedure in your spare time, the outcome is likely bleak. The law says to treat everyone equally, but people don’t come to court as equals. Some people come to court with law degrees, or no degrees of any kind. Some are old; some are young. Some are fluent in English; others are unable to speak any English. Some are rich and some are poor. Some are often outsmarted, out-financed and ultimately outdone. In the end, a judge’s dilemma is this: It’s difficult to enforce laws that say everyone is equal when everyone is, in fact, not. Steven Sarkis is the Justice of Peace for Arcadia Biltmore Justice Court. YOU’RE WARMLY INVITED 3200 East Glenrosa Avenue MorningStarSeniorLiving.com 480.300.4700 Dementia Care iver Support Group It’s About Empathy—and Education Every 2nd Wednesday • 6:00 PM Religious Instruction • Strong Academics • Cutting Edge Technology Leadership Programs • PE and Interscholastic Sports • Instrumental and Vocal Music “Arts Attack” Program • School Nurse • Bus Transportation Available Visit the classrooms, meet the teachers and tour our campus! We invite your family to join us on Sunday, March 22 from 3:00pm – 5:00pm, for an Open House. 3901 East Indian School Road • 602-957-7010 • www.clsphx.org CHRIST LUTHERAN SCHOOL Christian Values. Quality Education. Preschool through Grade 8

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