Court was convened that warm summer day on the black-dirt bocce ball court behind my family's summer cottage. Dress was casual: shorts and bare feet were the order of the day, and the prosecutor wore a bathing suit. The proceedings, however, were anything but casual. My six-year-old brother Billy stood accused of the heinous crime of reading my diary, and should he be convicted, we were prepared to ask for the maximum penalty.
My cousin Robby presided over the court. The whole thing had been his idea, really. When I'd first gone storming around announcing that the lock on my diary was broken and a page had been torn out, Robby was the first to note that that amounted to destruction of property and invasion of privacy. Robby was eleven and watched a lot of People's Court, so he knew about these things. I didn't know so much, but it sounded awfully cool, plus I wanted Billy to pay for what he'd done. So together we went around deposing witnesses and handing out summons. My cousin Kassi got to be the prosecutor because she was the second-oldest after Robby, plus her fourth-grade social studies class had done a unit on the branches of government. I was the plaintiff, unless I was the defendant; Robby and Kassi and I wrangled over that for awhile, unsure of what the words meant, before finally settling semi-randomly on "plaintiff". My cousin May wanted to be a part of the court but we thought she was a little too young to really understand what was going on, so Robby told her she could be the person who held the Bible. There was no attorney for the defense, but we didn't notice and Billy didn't ask. There was also no jury, but Robby figured the judge could handle that, especially since Wapner did it all the time. All in all it wasn't the most shining example of the American justice system that had ever existed, but then again, you could just as easily call us prescient: we anticipated the PATRIOT Act and Guantanamo Bay a decade and a half before they ever happened.
So we had our court: a judge, a prosecutor, a plaintiff or possibly defendant, and the guy who did it. Robby banged a plastic shovel on the card table and announced that the court would now come to order. May came forward to do the swearing-in. As it had turned out we didn't have a Bible at the house, but we had a big hardcover copy of My Very First Dictionary that we could sub in instead, and the effect was very impressive. May swore me in first, then Kassi, in case she decided to testify too. My father, passing by with a wheelbarrow, noted that the prosecutor probably shouldn't be testifying as a witness, but ten years later I would note that he clearly never read Inherit the Wind. There remained only to swear in the accused, who was demonstrating a total lack of respect for the proceedings: while we had been figuring everything out and dragging out the card table, he'd jumped in the pond for a swim. We fished him out and made him swear, except we wouldn't let him touch the dictionary because he was all wet. After that he wanted to go back to swimming, but by then the person who had been watching him to make sure he didn't drown had gone inside for lunch, so he was stuck out in the bocce court with us.
Court proceeded swiftly after that. Kassi put me on the stand and asked me to testify as to the emotional distress I'd suffered as a result of my diary being read and ripped up. I told her it was full of incredibly personal secrets and that it said right out on the front cover, NO BOYS ALLOWED. She asked me to testify as to why I knew Billy to be the culprit, and I told her that he'd been acting like a brat all week. She pressed further, looking for something a little more concrete, or maybe she just wanted to stretch her part out a little longer. I said that I'd found my diary on the bottom bunk, where Billy slept. At that point Kassi forgot whose attorney she was and said "Wait, doesn't your other brother sleep there too?" I replied that Alex would never rip up my diary, because he was nice. We looked over at Billy, who was absorbed in kicking up anthills. Oh boy.
After some foot-dragging Billy consented to be put on the stand. Kassi asked him right out, going for the throat, "Did you rip up Ciara's diary?" "No," he said sulkily, having realized at some point that whatever was going on, it involved people being not nice to him. "I find that hard to believe," she sneered, "given that you broke the lock and read it, then left it on your bed!" "I did not," he said, though he seemed less adamant than he'd been before. Kassi pounced on it. "Yes you did!" she shouted. There was no one around to object on the grounds of badgering the witness, but Robby pounded his shovel-gavel anyway. To be fair, it was an awfully fun thing to do, and he hadn't had much opportunity up to then.
The testimony continued, and it turned out Kassi was a real shark.
-Did you break into Ciara's diary?
-No.
-Yes you did!
-No I didn't.
-Did so!
-Did not!
[The judge banged his gavel.]
-Okay (the prosecutor got sly), fine, you didn't, but what did it say?
[Here the accused wrinkled his brow in confusion and kicked at another anthill.]
-Where were you when the crime occurred?
-When it what?
-When it happened!
-I don't know, when did it happen?
-I don't know! You tell me!
[Another anthill met its death.]
-Did anybody see you ripping up the diary?
-No because I didn't.
-Okay, did anybody see you not ripping up the diary?
-What?
-AHA! So you did rip it up!
-No I didn't!
-Yes you did!
[The gavel banged again.]
-Can I go swimming now?
-NO!
With that concluded, the judge took a five-minute recess to weigh the matter of the accused's guilt or innocence. Luckily it only took him thirty seconds, so the accused didn't have a chance to hop in the pond again. Billy was pronounced guilty with sundry gavel-banging. That happy task settled, it remained only to determine his sentence.
"He has to pay you money," the judge announced.
At that Billy's ears perked up.
"I don't have any money," he said, warily. Meanwhile our cousin Lizzie, two years younger than Billy and a bit out of the loop on the court proceedings, circled back around the court on her tricycle to listen. She'd been riding her tricycle back and forth the whole time, but we hadn't taken much notice: she was younger than us and a sweet kid, and there seemed no reason to pull her from her trike.
"Yes you do too, Billy!" I said hotly, back on the question of his fine. "You got twenty dollars for your birthday!"
"THAT'S MY MONEY!" he hollered.
"YOU READ MY DIARY!" I hollered back.
"DID NOT!"
"DID SO!"
"ORDER IN THE COURT!" Robby had to bang his gavel a whole lot to get the shouting to stop that time.
I turned to Robby. "He has twenty dollars," I said.
"I want a Ghostbusters proton pack! Mom said I could!"
Robby waved that off. Billy had been found guilty; his opinions were inconsequential now. Robby turned to me.
"Take him for everything he's got," he said.
Billy ran off for the house, hollering, "MOOOOOOOOOOOOOOOOOM!" Robby and Kassi and I exchanged high-fives at our breathtaking legal acumen. "Teach him to read people's diaries!" Kassi said exuberantly. May wanted to know if I would let her have a dollar to buy a "real emerald ring" she had seen at a local trinket shop; "we can share," she assured me. Grandly, I told her that would be fine. Robby began discussing how the money would be collected. I was thinking this was the most awesome thing in the history of ever.
Then Lizzie burst into tears.
This wasn't any little whimper of sympathy for Billy; this was major, out-and-out squalling. We looked over and saw that she hadn't fallen off her trike or gotten mauled by a raccoon. She was staggering over to us, sobbing.
"What is it?"
"I c-c-cah-cah-cah-cah..."
"What?"
"I nuh-nuh-nuh-nuh-nuh-nuh-nuh..."
"What?
"I NEED MY MONEY!"
"What? What money?"
"I cah-cah-can't, I didn't, I didn't muh-muh-mean..." She dissolved completely. "I need my money," she kept sobbing, "I need my money!"
We were beginning to have some doubts about our recent conviction.
Court reconvened.
"What happened, Lizzie?"
"I didn't mean, because I [sobbing] he just said to open it and I opened it because it wasn't locked, I didn't break it, it [sobs] and I didn't read it because it was cursive and Billy didn't read it because it was cursive so he said rip out five pages and my sister said rip out ten pages and he said rip out fifty pages but I didn't because, I, I didn't and I ripped out one page but I didn't read it and I need, I need, I cuh-cuh-can't I need my money I need my money! [sobbing] I'm sorry, I'm sorry, I'M SORRY..."
We deliberated.
"Does she even have any money?"
"Her birthday was like a long time ago."
"I got two hundred forty-three dollars for my First Communion."
"She's too little to have a First Communion."
"Does she get allowance?"
In the background, Lizzie gave a bone-shattering howl.
"Okay," Robby said, rapping his gavel and then stopping hastily as Lizzie wailed all the more, "I have reached a decision."
"I NEED MY MONEY I NEED MY MONEY..."
"You can have your money," he said, still more hastily. "We have decided that the new punishment is one penny, or one piece of candy."
"I NEED MY MONEY!"
"It's okay, Lizzie!" I said, kneeling down beside her. "You can keep your money! It's only a penny! Do you have a penny?"
She gave a great big wet sniffle.
"Or a piece of candy?" I said, hopefully.
Sniffle, sniffle. "I have a candy necklace," she said.
"Okay!"
"It's my necklace," she said, starting to sob again.
"Okay okay okay," I said quickly. "Puppa has Snickers bars in the freezer."
"He d-d-d-does?"
"So why don't you get him to give you a Snickers bar, and then you can give it to me?"
Sniffle.
"You can have him give you two and then you can have one too," I said, making a grand munificent gesture.
Choking back another sob, she got back on her trike and pedaled towards the house, leaving the judge, the prosecutor, and the plaintiff-or-possibly-defendant behind her.
"Maybe we should still sue Billy," I said, eventually. "He told her to rip out the pages."
"I think she would cry a lot if we did that," Kassi said.
"Yeah."
"Okay," I said, and sighed. I knew Billy was going to zap me a lot with his proton gun for this one.
So the first conviction our court made was overturned, and as it turned out, we never did have another one. We tried. Flushed with the success of our first court session -- the overturned conviction left us nothing daunted -- when we heard my grandfather complaining loudly that someone had drilled holes in his bocce ball court, the Junior Judicial League swung into action. Unfortunately, we were left stymied when my dad confessed to the crime outright. "Yeah, I was practicing golf," he said. "Dad hates when I do that. I guess I should fill in the holes."
"But... we wanted to have a trial," we said, disappointed.
"I can plead guilty," he offered.
"What does that mean?"
"I can go to court and say I did it."
"But... you have to say you didn't do it or else we can't have a court."
"I don't know what you want me to say, kids. You can have a court and sentence me to filling in the holes as community service."
He was so obtuse.
All in all there seemed to be a distinct lack of crimes needing prosecution in our summer cottage. Regretfully, we found ourselves limited to law enforcement roles, and spent a lot of nights playing Cops and Robbers. There was plenty of fun to be had there, too, and plenty of stories to tell; but I never liked running and hiding half as much as I'd liked that one session of Kids' Court with Judge Robby presiding, and for years found myself wishing for another game with that sort of pizzazz.
Even though, as it turned out, Lizzie never did remember to give me my candy.
Well, never too late to rectify things. Lizzie, I'm linking you here. You've got my address. I'll be looking for some mail.