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Who Breaks First: A Tale of Three Pleas

Updated: Jul 19


Some court days are serious in the way criminal court is supposed to be serious. People are pleading guilty to felonies. Rights are being waived. Sentences are being imposed. The judge is making a record. The lawyers are making sure everything is legally correct, factually clear, and procedurally sound. Then there are other days where all of that is still happening, but somewhere in the middle of the docket a man starts explaining how rats naturally lead to snakes, the State quietly proposes a cat, the same man explains firearm possession as a basic housing requirement, another man gives his lawyer a public five-star review, and my own client accidentally makes it sound like I threatened to kill him in open court.


I had a special plea date recently, and I resolved somewhere between nine and twelve cases. I realize “somewhere between nine and twelve” sounds like I should know the number, but after enough trips between the courtroom, the back, the DA, the judge, the holding area, and counsel table, your brain stops counting cases and starts counting how many times you have said, “Please just answer the judge’s question.” I was running around explaining offers, answering questions, talking people through pleas, keeping the docket moving, and trying to make sure nobody accidentally turned a manageable legal problem into a full confession, a medical complaint, a family meeting, or a wildlife report.


The last three stood out because they were so different that it almost felt staged. Same courtroom. Same judge. Same general plea process. Same lawyer with too many files, too little time, and the facial expression of a woman silently bargaining with God. But each one brought a completely different kind of energy into the room. One brought rats, snakes, cats, guns, and a very strong belief that where he lived should create some kind of neighborhood exception to felony firearm law. One brought pure joy and gave me the kind of public praise that made me suspicious because criminal court is not usually where people go to leave customer-service reviews. One brought confusion during a Boykin plea and, through no real fault of his own, briefly made it sound like I had leaned over and threatened his life at counsel table.


The part you have to understand is that this was not happening in front of strangers. This was happening in front of the regular courtroom cast of characters who have seen me enough times to know when my patience is leaving my body before I have said a word. The judge is on the bench. I am at counsel table. The DAs are close enough to whisper something smart, which they absolutely did. The court reporter is there, the clerk is there, the bailiffs are there, and everybody is trying to act like we are all solemn officers of the court while also watching me like I am a loaded firework with a law degree. They know two things about me by now. One, if someone pushes the wrong button, there is always a small chance I may professionally lose my entire mind. Two, I cannot hide a facial expression. So when the last three pleas started going off the rails, the real courtroom question became less about procedure and more about who was going to break first.


That is the bond people do not always understand. Defense attorneys, prosecutors, judges, clerks, court reporters, and bailiffs may all have different roles, and sometimes we are on different sides of an argument, but we spend hours and hours together inside some of the strangest, heaviest, most unpredictable human moments imaginable. We hear things together that no one could write. We watch people say things no lawyer would advise. We all know when the room has turned dangerous, when it has turned sad, when it has turned tense, and when it has turned so absurd that everyone has to stare at the paperwork in front of them like the answer to salvation is hidden somewhere in the plea form. That is what was happening during these last three pleas. Heads went down. Eyes went sideways. Then, one by one, everyone’s eyes came back to me to see whether my face was going to betray the entire judicial system.


The first defendant had already been difficult earlier in the morning. Not impossible, just difficult in the very specific way some people get after they have been sitting in jail long enough to think one thought until that thought becomes the center of the universe. He had told me earlier that he had something he wanted to say to the court. In hindsight, this is where I should have stopped, asked exactly what it was, managed expectations, and possibly placed my body between him and the record. But I was busy. I was running around. I was trying to keep several cases straight at once. And honestly, I forgot.


So when we got to the end of his plea and he said, “Your Honor, I had something I wanted to say to the court,” I had that tiny internal pause where part of me knew this was probably not going anywhere good, but the other part of me was tired enough to think, well, how bad can it be? That is not a question any lawyer should ever ask herself in open court. The answer is always worse than you hoped, usually louder than necessary, and almost never limited to the subject matter you thought you were handling.


He told the judge he could not be sent back to that place because they had rats. That was his opening statement. Not “I am sorry.” Not “I understand.” Not “I would like to thank the court.” Rats. Then, before anyone could even fully process the rats, he moved directly into the snakes. If they have rats, he explained, then snakes can get in. He said this with total conviction, like he had personally studied the architectural weaknesses of the detention center and uncovered a reptile-access issue that everyone else had irresponsibly ignored.


The courtroom got quiet in that dangerous way where everyone is trying to keep a straight face, but you can feel the laughter forming in the walls. I was standing beside him as his lawyer, which meant I had to maintain some kind of professional expression while my client explained to the court that incarceration had become unsafe because the presence of rats implied the possible future presence of snakes. The judge was listening. The DAs were listening. The court reporter was taking it down. I was listening while also mentally whispering to myself, this is why we ask follow-up questions before people speak.


Then one of the DAs leaned over to me and said, “Well, I can ask and see if the detention center can get a cat.” That was almost the end of me. Because once the State is informally offering a cat as a jail-condition remedy during a felony plea, we are no longer practicing law in any traditional sense. We are doing criminal court by way of a farm supply store. We had rats. We had potential snakes. Now we had a proposed cat. If someone had suggested a mongoose, I might have had to put my file down, walk out of the courtroom, and let someone else finish the food-chain litigation.


That was the first major test of who was going to break. The judge was holding it together. The DAs were pretending to be useful citizens while quietly causing trouble. The clerk and court reporter had the kind of courtroom discipline I can only admire from a distance. The bailiffs were present, which is really all anyone can ask when the docket has turned into a pest-control hearing. And then there was me, standing there with my face trying to file an emergency motion to separate from my body.


The same defendant was not finished. The judge continued with the plea, and when he explained that a felony conviction meant the defendant could not possess a firearm, the defendant stopped him because apparently this was the moment where the legal consequences became personally offensive. He basically said, “Wait, Your Honor, you do not understand where I live. You cannot live where I live if you do not have a firearm.” He did not say it like an excuse. He said it like he was helping the court understand a basic utility service, right along with water, electricity, and trash pickup.


The judge did not blink. He did not give a speech. He did not get dramatic. He simply responded, calm as Sunday dinner, that the defendant should have thought about that before he put drugs in the same car as a firearm. That was the whole thing. No extra seasoning needed. He offered a neighborhood-survival theory of firearm necessity, and the judge answered with the kind of dry judicial common sense that makes everyone in the room look down at their paperwork because eye contact would be too dangerous.


And that is exactly what happened. Everybody looked down because nobody trusted anybody else’s face. The DAs were looking down. I was looking down. The room had that silent shake in it where no one is laughing out loud, but everyone’s shoulders are in danger. It was not just the line itself. It was the calmness of it. He had presented a full rural public-safety argument, and the judge responded with the legal equivalent of, “Sir, that ship sailed when you packed the drugs and the gun together like a travel set.”


That was defendant number one. Rats in the jail, snakes possibly en route, a cat suggested by the State, and a firearm argument based loosely on geography. He was difficult, yes, but he was also unforgettable. Some clients bring legal questions. Some bring mitigation. Some bring remorse. This one brought an entire ecosystem and a neighborhood defense to felony firearm restrictions.


The second defendant could not have been more different. He was happy. Not relieved in a quiet way. Not “glad this is over” happy. He was beaming. Smiling. Grinning. Practically sparkling at counsel table. If the first defendant had brought Animal Planet, firearm policy, and a proposed cat into court, this one brought a church homecoming, a family reunion, and possibly a thank-you speech he had been rehearsing in his head all morning.


The judge asked him about his family, and he lit up. His whole face changed. He was proud to talk about them, happy to talk about them, and so openly joyful that it almost made you forget for a second that we were still in criminal court. Then he started thanking me. Not a quick “thank you.” Not a polite nod. He started telling the court how great Miss Hampton was, how wonderful Miss Hampton had been, and how much he appreciated Miss Hampton.


I was standing there trying to receive this like a normal professional, but the truth is, public defenders are not emotionally trained for live testimonials during felony pleas. Most of the time, I am just trying to make sure my client answers the judge’s questions correctly and does not suddenly decide to explain his entire life story from birth to arrest. This man was giving me a five-star review in open court, and I did not know whether to say thank you, object, or ask the clerk to make sure the minutes reflected that Miss Hampton was wonderful.


That one was funny in a completely different way because nobody was trying not to laugh at him. It was sweet. It was warm. It was almost suspiciously cheerful for the setting. After the rats, snakes, cats, guns, and judicial reality check, the whole room had shifted into a different universe. The same people who had just been silently fighting for their lives during the pest-control portion of the docket were now watching this man beam about his family and compliment me like he had been asked to present an award. Criminal court does not usually have customer-service energy. Nobody is handing out comment cards after sentencing. But there he was, smiling like sunshine had somehow made it through the courthouse walls.


Then came the third defendant, and this is where I may need to permanently retire one of my courtroom examples. He was not difficult like the first one and not cheerful like the second one. He was careful. He was listening, watching the judge, and looking back at me when he did not understand something. That happens during pleas. The judge goes through the rights, the consequences, and the questions necessary to make sure the plea is knowing and voluntary. That process is commonly referred to as a Boykin plea, and one of the questions the judge asks is whether anyone threatened, forced, or pressured the defendant into pleading guilty.


That question is important. A person should not plead guilty because someone threatened him or his family. The judge has to make sure the plea is voluntary. So when my client looked confused, I leaned over to explain what the judge meant. I could have made a good choice. I could have whispered, “The judge is asking if anybody forced you.” I could have said, “The judge wants to know if anybody pressured you.” I could have used words that did not immediately sound like the opening scene of a true-crime documentary.


Instead, because my brain had apparently been damaged by the previous rat-snake-cat-gun sequence, I whispered, “For instance, did somebody threaten to kill you if you did not plead guilty?” He immediately jerked away from me and said, loud enough for the whole courtroom to hear, “Threatened to kill me?”


The courtroom froze. Not for long, but long enough. Long enough for every person in there to hear what he said, look at him, look at me, and briefly wonder whether Miss Hampton had just leaned over during a felony plea and whispered a death threat to her own client. I was trying to explain coercion, and instead I accidentally staged an example of it live, in front of the judge, the DAs, the clerk, the court reporter, the bailiffs, and anyone else unfortunate enough to be present for my educational choices.


There is no graceful way to recover from that. You cannot smooth your suit jacket and say, “For the record, Your Honor, I was not threatening to kill my client.” That only makes it worse. You cannot overexplain it without sounding guilty. You just have to stand there and let everyone’s brain catch up to what actually happened, while your own brain is screaming, why was that the example, Judith? Why did we choose murder? Were fraud, pressure, threats, force, undue influence, or literally any other words unavailable?


And because my life has had a certain theme lately, my first thought was not normal. My first thought was, well, this is perfect. After the last few months of being accused of every cartoon-villain act under the sun, here I am in open court apparently threatening clients into guilty pleas. Wonderful. Add it to the collection. Put it beside the other absurd accusations. Maybe the rats can testify. Maybe the cat can be appointed as conflict counsel. Maybe the snake can serve subpoenas if it ever makes it into the jail.


Once everyone realized what had actually happened, the courtroom broke. The judge understood and tried to hide the grin that came over his face. The DAs understood. My client eventually understood. But it was too late to save the moment with dignity. The damage had been done. I had taken a routine voluntariness question and turned it into a courtroom blooper that sounded, for three seconds, like I was running the most aggressive public-defense strategy in Louisiana.


That was the moment the “who is going to break first” game ended, because I absolutely gave them what they were waiting for. I had survived the rats. I had survived the snakes. I had survived the proposed cat. I had survived the firearm-as-utility-service argument. I had survived the live customer-service review. But when my client jerked away from me and hollered, “Threatened to kill me?” in open court, there was no face left to save. At that point, even my eyebrows had retained separate counsel.


On the drive back to my office, I texted one of the DAs, who is also one of my best friends, and said that, in hindsight, perhaps I should think of a better example than “did somebody threaten to kill you” when that question is asked in court. He texted back laughing and said, “Well, we all loved it.” That is real friendship. Not “you handled it well.” Not “that must have been stressful.” Just an honest acknowledgment that it was ridiculously bad, legally harmless, and apparently excellent entertainment for everyone not trapped inside my body at the time.


The whole thing stayed with me because it was funny, but it was not only funny. It was funny because it was real. Criminal court has a way of stripping people down to who they are under pressure, and sometimes what comes out is fear, sometimes gratitude, sometimes confusion, and sometimes a full environmental-impact statement about rats leading to snakes. The law may call them defendants, but sitting beside them reminds you very quickly that “defendant” is a legal label, not a personality type.


It also reminded me that the people who work inside a courtroom develop a strange bond of their own. We are not all doing the same job, and we are not always on the same side, but we are in the same room over and over again watching human nature happen in real time. We know each other’s pauses, glances, patience levels, and breaking points. We know when someone is trying not to laugh. We know when someone is trying not to react. We know when the courtroom has become so absurd that the only safe place to look is directly at the paperwork in front of us.


One man was difficult, worried about the jail, worried about firearms, and fully prepared to explain both pest control and personal safety to the court. One man was so happy and grateful that he turned his plea into a public thank-you speech. One man was trying so hard to understand the judge that one terrible example from his lawyer nearly made it sound like she had committed a crime during the plea itself. Those are not just case numbers. Those are people, and people are rarely as neat as the paperwork makes them look.


That is why this work is more than a statute. The statute gives you the charge. The plea form gives you the rights. The minutes give you the result. None of that tells you who is scared of rats, who thinks snakes are the natural next step, who believes a firearm is part of rural survival, who smiles when asked about his family, who thanks his lawyer in open court, or who accidentally makes the entire room wonder whether his lawyer just threatened him into pleading guilty.


A docket sheet could never have warned me that the last three pleas of the morning would include rats, snakes, a proposed cat, a firearm reality check, a courtroom customer-service review, and an accidental death-threat misunderstanding. It also could not show the judge trying to keep a straight face, the DAs cutting their eyes sideways, the court reporter and clerk maintaining more discipline than I personally possess, the bailiffs watching the show unfold, or me trying and failing to keep my face from telling the truth before my mouth could object. But that is the part of this work that keeps humbling me and, on days like that, keeps me laughing all the way back to the office. Nobody is just a defendant, no courtroom is just a room, and no case is ever just a case once you are the person standing beside them trying to get them through it without the rats, snakes, guns, compliments, or accidental death threats taking over the record.



Judith L. Hampton

Attorney-at-Law

Hampton Law Firm


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