Updated:
Mar 17, 2005
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BRIAN KLIMEK: A Courtroom Lesson Learned the Hard Way

It wasn’t supposed to be all that interesting, and it really wasn’t — until I inadvertently decided to break the law.

I was in a Moore County courtroom on Tuesday, listening to what I hoped would be the end of a tiresome and long-running legal dispute between the Whispering Pines Village Council and several upset residents.

As expected, the judge ruled in favor of the residents with regard to open meetings and public records laws. I had no problem hearing what Judge Charles C. Lamm, Jr. was saying — his booming voice carried quite nicely.

I have a hearing loss. I read lips, so I can understand people better when I can see them. So when the attorneys, Amanda Martin and Michael Brough, began arguing about who should be paying whose legal fees, I had to strain to hear. They were both talking fast, and they were facing away from me because I was in the first row of seats.

The most important aspect of my job is accuracy, so I’ve gotten into the habit of routinely using a recorder. Not only does it provide me with a second chance to listen in case I missed it the first time around, but it also lets me double-check potentially controversial quotes. If they said it and I’ve got it right, then they can’t really complain.

So, as I’d done countless times over the last five years, I decided to use my recorder in Tuesday’s court hearing. The only problem was, it was apparently illegal.

The judge and the bailiffs must not have been watching me too closely, because I certainly wasn’t trying to hide the thing. It’s digital, and as tiny as a cell phone, but it was always in plain view, either lying on the railing or in my right hand.

After about 45 minutes, I was staring at my notebook, scribbling furiously while Martin expounded on why her clients needn’t be forced to pay their own bills. Then, all of a sudden, Judge Lamm’s voice interrupted Martin.

“Is that a recorder?” he roared.

It had to be me he was addressing, so I looked up. It was immediately apparent that the judge wasn’t happy with me. I fessed up. He made me turn the recorder over to the bailiff, then entered into a lecture about how I could be held in contempt of court.

I apologized. Thankfully, it seemed to make a difference. The judge relented a bit and allowed the proceedings to continue. But when they finished, he made me stand up to state my name and place of employment for the record.

As the entire courtroom watched in silence, the judge made me delete my recordings and told me he had decided not to hold me in contempt. It wasn’t until later that I found out I was pretty fortunate. There is no appeal and no bond for contempt of court. I would have been a jailbird.

The thought of spending at least 24 hours in jail because I was trying to be accurate in my reporting is ironic. I just wish I had known that you’re supposed to ask the judge first before recording anything (some judges allow it). Ignorance of the law is no excuse, but a warning sign would have been nice. The only sign I saw was a red one that said all cell phones must be turned off.

But the bottom line is that I broke the law and was lucky to get away with it, sort of. I was beet-red with embarrassment and felt humiliated for the rest of the day, but I guess that beats spending the night in jail.

Brian Klimek may be reached by calling (910) 693-2474 or by e-mail at bklimek@thepilot.com

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