The Courthouse Blues

There are two kinds of people to be found in the courthouse: Those on their way to hearings, and those emerging from hearings. It is not unlike a hospital.

Entering either building the litigant or patient is apprehensive or they are overconfident. Some presume the death penalty. Some do not appreciate the peril they are in. All are hopelessly at the mercy of the lawyers or doctors.

Leaving the buildings there is either relief, increased anxiety or profound sorrow.

But the courthouse alone can in one day change the balance of power between litigants. Often the litigant arrives with a smugness, a sense of entitlement or self-righteousness that never plays well. Humility, expressed in pleadings, appearance or speech can go a long way. Unfortunately this is considered unduly meek by some, and they do not even consider they might be wrong.

Emerging from the hearings we hear the long wail of those who have lost. Think of the painting The Scream by Munch.  Or there is the rush outside, the cigarette poked in the mouth and hurriedly lit, family and friends trailing behind.

Like a soldier that has seen too much, I am no longer moved when a woman loses custody of her children. Normally this is because either the father is just a better parent, but more often because the mother has presumed she is “free” and can do just about anything and still retain her children.

It is no longer so. Our state adopted an equal rights amendment to our state constitution when it was fashionable to do so, 1972. The amendment also declares the sexes have equal responsibility.

You have come a long way baby. You have an equal right to the courthouse blues.

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