Speedy judge’s request irks official

Associated Press

LEWISTON, Idaho — A city prosecutor is fuming over the response of a federal administrative law judge from Spokane who got a speeding ticket.

Officer David Gobbi issued the citation about noon Aug. 9 to Randy J. Payne, whose rented Pontiac Grand Am was clocked at 50 mph in a 35 mph zone. The fine was listed as $53.

Shortly afterward, deputy city prosecutor William Lambert received a letter in which Payne offered to appear in court the next time he was in town, probably within six months.

"I’ve been doing this almost 20 years, and I’ve never given anyone a six-month continuance," Lambert said.

He also complained that the letter was written on Social Security Administration stationery, signed "R.J. Payne, Hearing Office Chief Administrative Law Judge" and mailed in a postage-franked agency envelope.

Payne, 55, said in a telephone interview that Gobbi ignored several other motorists traveling at the same speed but singled him out because his car had Washington license plates.

He said he used Social Security letterhead and postage and an office fax for correspondence on the ticket because he was conducting hearings at a hotel in town the day he was cited.

"When going to and from the work site, which is the hotel, and also to go out to dinner and lunch and things of that nature, yes, I’m on official business," he said.

When Payne did not appear in court, a default judgment was sent to Boise.

Payne then requested a pretrial hearing by telephone. Lambert responded with a motion asserting, "This court has never allowed for telephonic pretrial conferences or hearings in the past, and this court should not allow ‘Judge’ Payne to convey the impression that he is in a special position to influence the court by virtue of his title or position."

Lambert suggested the court forgo the pretrial conference, "in the interest of judicial economy, and to curtail defendant’s further use and abuse of government stationery and the franked envelopes."

Payne said Lambert’s motion is "very improper, defamatory, immature and potentially libelous."

Magistrate Greg Kalbfleisch ordered the default judgment set aside and set trial for Oct. 29. Payne said he would appear for the trial.