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Judge Crafts Oath for Doctor Who Questions Nature of 'Truth'
New York Law Journal
January 21, 2009
Invoking French philosopher Rene Descartes, a New York Family Court judge has specially tailored an oath for a doctor who took the stand and maintained that "there is no such thing as the truth."
Dr. Bruce Kokernot was called as an expert last month in a neglect proceeding and was asked if he could "swear to tell the truth, the whole truth, and nothing but the truth."
The doctor replied, "Um, I do not see truth as a scientific project, I speaking truthfully, it is a search for the truth."
Pressed for a more specific answer, Kokernot said he would "not say anything that is knowingly not truthful."
An oath can take different forms, so long as it alerts witnesses that they have a "moral duty to testify truthfully" and deters false testimony, Judge Timothy J. Lawliss of Clinton County wrote in Matter of Breanna M., NN-01473-08.
Concerned that the standard oath would not suffice for Kokernot, the judge concluded that he could nonetheless be sworn in as an expert, provided he affirmed that his testimony would be, to the best of his knowledge, "accurate, correct and complete" and that he understood testifying falsely could subject him to contempt proceedings.
