Come Again, Counsel

This story happened in court last Monday.

A gray haired man in an expensive-looking suit entered quietly, sat behind me and asked how many cases have already been called by the court. I answered three. Good, we’re fourth, he said.

A few minutes later, his case was called. He stood up, with nothing on hand, signaled to his client, and walked to the center before the judge. He looked confident and eager to argue.

The Clerk of Court then read an Information. It was quite long, enumerating electronic equipment, computers, digital and optical media, and many others, allegedly belonging to the accused.

After the Clerk read the Information:

Lawyer: Your Honor, we have filed a Motion to Quash this Information.

Judge: Yes, yes, it is here. On what ground?

Lawyer: As explained in the motion, this court has no jurisdiction, given the facts and nature of this case, which involves (at this point, the lawyer started referring to, among others, computers, data processing and reproducing, with heavy emphasis on digital and optical data, and cited provisions of law to support his claim)

Judge: (eyes squinted while flipping through the motion) Come again, counsel?

Lawyer: This court has no jurisdiction because this case involves (and again, computer language)

Judge: (looks astounded) Yes, yes.

Lawyer: If I may, Your honor, given the facts and nature of this case, it is the Optical Media Board which has jurisdiction to try and hear it.

Judge: (slowly raising his head, face showing a hint of gleam, as if he had just been saved) Comment or objection, Prosecutor.

Prosecutor: Counsel for the accused has argued ably, your Honor. No objection.

Judge: Very well. Let an order be entered granting the motion to quash the information, without prejudice to the filing of the proper case before the Optical Media Board.

This, I think, illustrates how ill-equipped, and even ill-prepared, our courts are regarding cases involving electronic, digital, and now optical subject matters. It becomes obvious that it is not only the law but the legal system as well, including the people within that system, which has to step up to be arm in arm with modern challenges, such as technology.