In recent days, NBC News anchor, Brian Williams, has come under intense criticism and may lose his job for doing nothing more than exaggerating the truth. Embellishing a story is common place in the course of human interaction. The fish that got away is always a few inches larger, one’s weight is always a couple of pounds lighter, the game winning shot is always a few minutes closer to the buzzer. Almost everyone, if not everyone, has exaggerated the facts at one time or another. Indeed, whether Brian Williams did take fire over Iraq does not change the essential truth that flying through a war zone is inherently dangerous. So, why do we all get a pass and Brian Williams does not?
The difference between Brian Williams and the rest of us is that he holds a position of public trust which the average person does not. As a journalist, Brian Williams had a moral duty, if not a legal duty, to speak the truth. His failure to do so, destroyed his credibility and breached his public trust as a news anchor. Now that this trust has been breached, Williams will likely never get it back.
So too when testifying in family court. Once you are placed under oath, you, like Williams, have a moral and legal duty to speak the truth. You are no longer an average citizen; you are now a witness. As a witness in a court proceeding you hold a public trust to testify truthfully to the best of your ability. As a party to the divorce proceeding, you have a private trust with the court to do the same. Under no circumstances should you break that trust.
NPJI 2.07 provides Nevada juries with the following instruction: “If you believe that a witness has lied about any material fact in the case, you may disregard the entire testimony of that witness or any portion of this testimony which is not proved by other evidence.” This instruction is equally applicable to the family court judge who is also the jury in your divorce or custody dispute.
Because issues in family court typically come down to a “he-said-she-said” situation, your credibility is your sword and shield. If the judge finds you to be truthful and candid, the judge will likely believe your allegations and defenses. On the other hand, if the judge finds you to have exaggerated or lied, the judge will question your veracity on every other issue.
Just as Williams’ exaggeration that he took fire on a helicopter has called his entire career into doubt, a simple lie or exaggeration on the stand can call your entire case into doubt. Please keep this in mind as you raise your right hand and swear to tell “the truth, the whole truth, and nothing but the truth.”