Man's Comment On Check Could Land Him In Jail

KIRO 7 TV ^ | Jun. 27, 2006 | Associated Press

[beezdotcom]

BERKLEY, Mich. -- The parking fine was $10. But the comment Robert Militzer added to the check could land him in jail for 30 days.

The computer programmer from Allen Park got the ticket May 29. When Militzer wrote the check to Berkley District Court, he scribbled on the memo line, "BULL (expletive) MONEY GRAB."

That got Militzer an in-person court appearance -- on a contempt of court charge. He's scheduled to go before a judge Wednesday, accompanied by an American Civil Liberties Union attorney who will argue Militzer's remark is protected by the First Amendment.

[beezdotcom]

I'm not sure I agree with the "contempt of court" charge, here. Note to self: resist the urge to ever do the same thing...

[GoBucks2002]

in college, when i made about 3 grand, i wrote a check to the IRS with "for killing innocent babies" in the memo line.

never heard a peep from them.

[E. Pluribus Unum]

In any sufficiently mature society, "civil servant" is semantically equivalent to "civil master." -- Robert A. Heinlein.

[derllak]

Isn't that freedom of speech? I can't believe they'd put forth the time and effort to charge him with contempt. Gutsy guy....I like him!

[sgtbono2002]

He is just telling it like it is.

He has a First Amendment right to do so.

If the check is good the State has no complaint.

Write me a good one and I could care less what you put in the remarks.

[CindyDawg]

I'm looking at my check. It says "for__________________" If he had put speeding, could that have been used as an admission of guilt?"

[Mr. Mojo]

Thin-skinned gov't workers wielding their power.

[CindyDawg]

I'm looking at my check. It says "for__________________" If he had put speeding, could that have been used as an admission of guilt?"

[Perdogg]

it would have taken too much effort to do so.


In this case, I have to side with the ACLU. Even a blind squirrel gets it right once.

[capt. norm]

I kinda' think there is a free speech argument that could be made about that memo line.

[Just A Nobody]

Oh how I miss the good old United States of America where we were free.

[Perdogg]

payment is an admission of guilt.

[Zavien Doombringer]

Isn't that freedom of speech?

No it isn't...

It's freedom of the press

[Brilliant]

I don't see why this could be considered a crime. Personally, I think that the guy is a sign of the times--an example of rudeness overtaking our society. On the other hand, the courts really need to keep their eye on the ball. They've got a lot of problems to deal with that are more significant than this one, and let's face it, they've earned the level of disrespect they've gotten.

[patton]

"services rendered"

[dfwgator]

I wonder if they would have gone after him had he not used the S-Bomb.

[sheana]

I send in my IRS check every year with a memo on the bottom that says..."f*cking thieves!"
They always cash it. ;)

[BeHoldAPaleHorse]

Oh how I miss the good old United States of America where we were free.

Back in the good old United States, using profane or obscene language in public got you jail time.

[msnimje]

If he had the words "Bull $hit Money Grab" printed on all his checks would he still be in trouble?

[atomicpossum]

"Tell me, your honor, what would be a proper method to express for this court the contempt it so richly deserves?"

[Red Badger]

Well, it's nice to see the ACLU doing something good for a change.....

[Zavien Doombringer]

Back in the good old United States, using profane or obscene language in public got you jail time.

It still can in VA Beach, VA

[Bikers4Bush]

Was the check written to "The city of ....." or was it written to "Clerk of courts for .....".

If it's to the city he's off scott free, if it's to the clerk of courts he'd better start praying the ACLU guy/gal knows what the hell he/she is doing with respect to arguing first amendment rights cases.

Mind you I think what he did was great and that this is a BS (to use his words) charge in the first place.

[Ghost of Philip Marlowe]

I've used the expression "legal theft" in the memo line.

That check is my property (only the funds that it transfers do they take possession of) and to be returned to me for my records after it is cashed. I'd think we could write whatever we want (except for obscenities, perhaps, which could be construed as harassing public workers).

[Zavien Doombringer]

[Ghost of Philip Marlowe]

Yep.

Also known as "petty tyrants."

[beezdotcom]

I wonder if they would have gone after him had he not used the S-Bomb.

I was wondering the same thing. I'm inclined to think 'yes', because the extra effort involved in pressing additional charges shows motivation well beyond the usual indignation over use of a curse word - especially when not proffered IN court. I think if he had written "Abuse of Judicial Power" or "Totally Bogus and Fraudulent Money Grab", he would have gotten a similar reaction.

[leda]

hah! i was thinking the same thing!
i have actually used that on memo
lines before :D

[MPJackal]

I worked Law Enforcement for a lot of years. I was never a big ticket writer, but it is part of the job. Many a time the person on the receiving end would make a smart ass comment or mumble curses. I was always taught to let it go. They are venting anger. Usually they are angry at themselves for making a mistake. Some are angry because they got caught. AS long as they are not creating a scene, so what. The court could have cashed the check and the whole thing would have disappeared. The check writer knows why he got the ticket. He was just venting. In a very peaceful way I might add. Some judges are too thin skinned for the job. I'd say this judge is a piece of sh@t. Wanna bring me judgy boy?

[The Sons of Liberty]

Let's see: The New York Times can divulge and publish details of secret activities designed to track down terrorists and it's "Freedom of Speech". A citizen expresses his feelings about the operations of a branch of government and it's "Contempt of Court". Somehow I don't believe that is what the Framers of the Constitution intended.

[Rutles4Ever]

I used the phrase, "Village Gestapo", once.

[beezdotcom]

payment is an admission of guilt.

I don't think so - if you sign a ticket and pay it, it is probably an admission. However, if you don't sign it, judgement is rendered, and a fine has been levied, payment is merely an acknowledgement that the court has been vested with the power to collect fines. Saying otherwise would be like saying that "submitting to incarceration is an admission of guilt."

[Michael.SF.]

If he had put speeding, could that have been used as an admission of guilt?"

Seems that paying the fine is tantamount to an admission of guilt (yes not technically, but still).

[paul51]

How dare he offend the rulers? He better learn his place in society. His job is to pay taxes, follow all laws that the rulers decide to enforce when they decide to enforce them and do as he is told while he recites 'yes masters' with out ever looking at them. Hopefully, the judge will explain all this to him before he collects his additional fine.

[BerniesFriend]

BERKLEY, Mich.

Must move there..crime must be so non-existent there that they have to really find it on check memos..

[CindyDawg]

That's not what I was told. The judge said I could plead guilty or not or something else. I forget what it was called but it meant "just take the money. I can't afford to go to court". You can write your side of the story on the back, without getting in trouble though, if you keep it clean. It doesn't change things but it makes you feel better:')

[sportutegrl]

I can't believe I am agreeing with the ACLU on this one.

[Kozak]

Made mine out as payable to "Infernal Revenue".

[Michael.SF.]

Some judges are too thin skinned for the job. I'd say this judge is a piece of sh@t.

Actually, the really thin skinned was the clerk who presented it to the Judge. The clerk could have just let it pass, but did not. The Judge was then forced to do something. And yes, he could have let it pass as well.

[Zavien Doombringer]

Freedom of Speech is the liberty we have to VOICE our greviences to or about our government with out any recourse.

Freedom of the Press is the liberty we have to PRINT or WRITE the same...

[RetiredArmy]

Some judges are too thin skinned for the job. I'd say this judge is a piece of sh@t. Wanna bring me judgy boy?

He didn't write the check directly for a judge did he? He most likely sent it to some BS clerk at the traffic court, who got it and whined and gave it to some supervisor, who had this happen. I doubt a judge saw it until the whining began.

[andy58-in-nh]

On parking tickets, I've written: "To: Department of Revenue Enhancement." So far I've been able to resist the temptation to add "BS" in there somewhere. Be warned though, if you ever have occasion to park in downtown Concord, NH, the meter attendants are numerous and merciless. The second your time's up, they'll decend on your car like a red-tailed hawk on a crippled squirrel.

[GovernmentShrinker]

I'll side with the ACLU on this one. And even if the tasteless footnote wasn't protected by the First Amendment, if this court doesn't have anything better to do with its time, it should be shut down.

[beezdotcom]

I worked Law Enforcement for a lot of years. I was never a big ticket writer, but it is part of the job. Many a time the person on the receiving end would make a smart ass comment or mumble curses. I was always taught to let it go. They are venting anger.

That's wise advice - and it can save some embarrassment, too.

I have a friend who once cut through an empty dirt corner lot to get around traffic at an intersection. When a cop pulled him over for it, my friend stupidly made a comment about it being "the end of the month". The cop reacted angrily, and wrote my friend a ticket for reckless driving.

However, when it went to court, the judge got so angry at the cop (for the obviously trumped-up citation) that he ended up reducing my friend's ticket to a mere $10 trespassing charge - no moving violation. The only reason he didn't throw it out altogether is my friend admitted that he had said something to provoke the officer.

[Jim Verdolini]

"payment is an admission of guilt"

No, payment is an admission of subserience. It acknowledges the superiority of government and taxation of the individual.

[beezdotcom]

'nolo contendre' - in essence, "no contest"

[Filo]

I'd love to be charged like this. My counter suit would be epic! :)

I've done worse. . .

[gondramB]

>>That got Militzer an in-person court appearance -- on a contempt of court charge. He's scheduled to go before a judge Wednesday, accompanied by an American Civil Liberties Union attorney who will argue Militzer's remark is protected by the First Amendment.<<


I agree with the ACLU on this one. The guy was rude and certainly not a hero but within his rights.

[tobyhill]

A check is a promissory note but is always the issuers property, that's why checks get returned to the issuer. If a judge doesn't want to take the promise for the money then that's all a judge can do.

[beezdotcom]

Eh, I can't spell, it's Nolo Contendere