Wdk. Admin. Adj. Ct. - Disord. Conduct case

In last Thursday's Woodstock Administrative Adjudication Court a case was called that had involved a fight at a city park.

What normally happens is that a person charged with an offense appears without an attorney. Before court the City's prosecuting attorney asks to speak with the person charged and will attempt to make a deal.

If a deal (a "plea") is agreed to, then the prosecutor informs the judge of it when the case is called. Judge Eterno is careful to ask the defendant if he understands the deal and is agreeing to it of his own free will.

Sometimes a deal can't be struck, for a variety of reasons.

In this case, the defendant believed he was not guilty and he wasn't going for a "deal". So this case proceeded to a hearing, right then. One of the first problems was that the other party was not in court. And a witness had not appeared, although a letter to the witness had been sent on June 2.

The prosecutor asked the judge for a continuance to "try" again to get the witness in, but the judge wasn't having any part of it. What the judge did have a problem with was the charge, which he read as "unlawfully engaged in or attempted to fight". He said, "'Attempting to fight' is not a violation.

Juge Eterno began explaining to the defendant how he was about to make his decision. The defendant interrupted him - more than once. The judge, politely but firmly, told the defendant to stop talking until the judge was done speaking.

I've visited several of the court sessions, and it seems to me that, when Judge Eterno begins explaining matters to the defendant, he is about to rule in the defendant's favor. Defendants, of course, don't expect that and they seem not to listen very well to the judge, or they would figure out pretty quickly that the judge is about to side with them.

My suggestion? Decide whether you are going to plead "Guilty" (called "Liable" in this court) or if you want "your day in court." Judge Eterno does not impose a "trial tax"; i.e., if he decides against you, you are still only going to get stuck with the fine and the court costs that you would have paid anyway, had you pled Guilty (Liable).

If you get cited into Woodstock's court, listen very, very carefully to Judge Eterno. Don't assume that he is about to drop the hammer on you. He is fair, both to the defendants and to the City. He understands that you are not a lawyer and don't know the law or all your rights. He will expect the City to prove its case. Be ready with your defense. And don't forget to ask him to find you "Not liable."