Hear Ye, Hear Ye

This morning I was in Judge Prather's courtroom to hear the verdict of a trial held about a month ago. It turns out that I know both the defendant and the victim. I was interested enough to show up for the verdict that was scheduled today.

What's the beef? Visitors to courtrooms in McHenry County cannot hear what is going on between the judge and the attorneys, witness, victims, defendants or anyone else at the bench. Why can't they hear?

Number 1. The judges do not speak up! I have visited traffic court and other criminal court proceedings. In only one courtroom did the judge speak up so that he could be heard.

Courtrooms and trials in America (I think McHenry County is still in America) are open to the public. The public is allowed to attend almost any trial. This is a privilege (and a right, I say) that does not exist worldwide. But it's not enough to just be in the courtroom. It is important to be able to HEAR what is said in the courtroom.

Now, why can't visitors (and others) hear?

Attorneys at the bench are permitted to speak in low voice. In hushed voices. Now they are probably not whispering. But they are facing away from the visitors and speaking to the judge. When the judge permits them to speak in a hushed voice or so low that they cannot be heard in the front row of the courtroom, something is wrong!

The next problem with hearing what is said between the judge and the person (victim or defendant or witness) is the amount of noise and disruption caused by the other attorneys in the courtroom. They move around in front of their tables and impede the view of the proceedings at the bench. They talk to one another, and not always briefly or quietly. They come to the visitor seating to speak to a person seated there, which interferes with the ability of the others to hear what is being said at the bench.

If a "regular" person seated in the courtroom talks aloud, he gets a visit from the courtroom security officer (formerly known as the bailiff).

This morning the victim in one trial was seated in the first row and could not hear what was being said between the judge and the defendant as the judge's basis for her verdict was being announced and the verdict pronounced. When the victim attempted to get the attorneys to quiet down, the security officer approached and motioned him to be quiet.

Did the security officer speak to the attorneys? Absolutely not! And he didn't see one of the attorneys glare at the victim. It's a good thing that looks don't kill; if they did, that attorney would have been guilty of killing the man in the first row.

I too motioned to the attorneys, trying to get their attention. Perhaps they are all near-sighted, or maybe there is a class in law school that trains them to ignore anyone disturbed by their conversations and movements.

How should it be?

The judge is in charge of the courtroom. S/he should direct the courtroom security officer to maintain order, including hushing up the attorneys. If they want to talk during official business, then they quietly leave the courtroom and wait for the doors to close before talking aloud.

Actually, the attorneys shouldn't even need to be told this. The decorum of the courtroom and their respect for the Court and the judge should be enough. After four-five years of visiting courtrooms in McHenry County, it's clear that the attorneys do not respect courtroom decorum. So it's time for the judges to refresh them!

I stopped over at Judge Sullivan's office (again) about this and left a message with his executive assistant. Whether there is any action will remain to be seen.

OK, here's the question. When you are in court, do you think you have a right to hear what is going on between the judge and the attorneys and their clients and witnesses?