Tuesday, October 5, 2010

Run courts efficiently; stop last-minute pleas

Why do the judges in McHenry County (and probably elsewhere) tolerate the legal shenanigans that go on day after day in their courtrooms?

I attended what was to be a jury trial last week. Theft charges were filed a year ago. There were monthly (or more frequent) court dates, with many continuances sought on behalf of the defendant.

Early in September the defendant lied to the judge, when he asked that his jury trial be postponed because he had to be at work at 4:30PM. He didn't. At 6:00PM he was in at a young adults' volunteer meeting; he said he had had a job interview at 4:30PM and he considered that "work". I told him I thought the judge would consider that a "lie".

The afternoon of the jury trial came and then, finally, he wanted to make a deal. The jury cooled its heels outside the courtroom while the defense attorney, state's attorneys and the judge held a 402 conference. And then a deal was made and the judge accepted it.

Here's what I think. The days for a deal had passed. The State's Attorney's Office should set a standard that deals will be made a week ahead of a jury trial; otherwise, any deal is off the table and the jury trial will proceed.

Attorneys explained to me that a defendant can plead at any time, including the day of the trial. Sure, that's fine but, if he does, the only plea ought to be "Guilty as charged". The judge's time and the courtroom were wasted for almost a year of stalling. Jurors' time was wasted. No wonder people don't want to serve.

Put an end to 11th-hour deals!

Also, the judges should demand progress and reports after every continuance. Too many defense attorneys just wander up to the bench and ask for, and expect, a continuance - month after month.

Three cases will come to trial later this month. Two of them have been dragging for 2 1/2 years! The third, for over 1 1/2 years. In this case, the defendant wants a jury trial. Poor handling by the public defender and lack of communication with the defendant have resulted in these delays. Most likely, the complaining party will not show up in court, based on four previous charges and failure of the complaining party to appear. The complaining party ought to be sued for frivolous charges, and probably the police department should be investigated for charging the defendant without adequate investigation.

7 comments:

Unknown said...

Why do you sit in court rooms? is there a reason for you to be in them?

Gus said...

There are certain cases of interest to me, so I exercise the privilege we Americans enjoy to go to open court and observe.

I highly recommend it. Pick a case, any case, and follow it.

Most likely, you'll be as appalled as I am at what really goes on.

FatParalegal said...

Has the percentage of cases that end in deals increased or decreased since Bianchi took office?

Gus said...

Perhaps another reader here knows the answer to that good question.

I believe I read something this week that indicated State's Attorney Lou Bianchi found himself on the "outs" with the establishment because he wanted fewer deals made. Not sure about this.

Dave Labuz said...

The Judges sould be asserting greater control of their time.

That they don't, tells me they don't really care.

JOHN said...

ARE YOU RUNNING FOR STATES ATTORNEY TOO? WHY DON'T WE JUST ELECT YOU KING OF MCHENRY COUNTY.

Gus said...

No, thanks, John. I already was King once. That was in Denver in 1984. I liked it, but one round was fine. "Sheriff" will do nicely this time.

That'll be "Mr. Sheriff" to you, of course.