Michigan judge calls out defendant for driving during virtual court hearing: “You cannot be driving, ma’am”
WWJ
By Paula Wethington
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WOODHAVEN, Michigan (WWJ) — A Southeast Michigan judge called out a defendant during a virtual court hearing, saying it looked like she was operating a vehicle while participating in the video conference.
“Am I crazy, or does it not look like you are driving that car?” the judge said.
The hearing took place on Monday in the 33rd District Court in Woodhaven, with Judge Michael K. McNally presiding.
Video conference participation is allowed on a case-by-case basis for court hearings in Michigan. The Zoom video platform shows an array of images of those participating, whether they are in the courtroom or another location.
The case involving the woman in a car was one of multiple cases recorded on the judge’s livestream that day.
When court officials noted on the record that the woman wasn’t signed into the video call at the designated time, McNally issued a declaration by default and began another conversation with the attorney.
A court staffer then interrupted the judge, saying, “I have an iPhone here that I haven’t been able to identify.”
The judge told the person on the iPhone to start the video function on their device and “tell us your name, please.”
The woman stated her name. She said she didn’t know how to virtually enter the hearing room correctly.
McNally again insisted that the woman sign in to the hearing with a video view, which she did. A video conference image shows her seated in a vehicle with a seat belt across her shoulder.
“I just ordered a default judgment,” the judge said as the connection was made.
“You cannot be driving, ma’am,” the judge said, shaking his head, as he looked at the computer screen. “What are you doing? Come on.”
“I am not driving. I’m a passenger in a car,” the woman replied.
The judge insisted he would not be hearing a case during which a participant was driving, or as passengers in cars.”
The woman said she would pull over, then continued to insist she was a passenger.
“I’m sorry. I have an emergency. I’m going out of town for a family member, but I will have my driver pull over. Hang on,” she said.
“What side of the car are you on?” the judge asked.
“I’m on the left-hand side,” she replied.
“How would you be on the left-hand side if you’re a passenger in the front seat? Am I missing something?” McNally asked.
She could be seen looking forward, and also out of the window as the vehicle appeared to be moving, but not directly at the phone screen.
“You know you’re lying to me, right?” the judge said. “Let me see the driver.”
She appeared to sigh. “Hang on one second. … I have to ask their permission.”
“Now,” the judge yelled.
The vehicle stopped. She exited the door as the vehicle appeared to be parked near a business. No one else was shown on her camera.
“You think I’m that stupid?” the judge said. “I’m going to go ahead and enter a default judgment. … You lied to me.”
The judge said his order for a judgment of $1,921.95 will reflect that the defendant was “not available at the time and then was driving a car and telling the court she was not.”
“Have a great day. Thank you,” he said as he ended the hearing.
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