Saturday, January 22, 2011

Hear ye, hear ye. (OK, we're trying...)

In an article on First Electric Newspaper (http://www.firstelectricnewspaper.com/), publisher Pete Gonigam wrote, "There's a chance, though, that won't be necessary, said Moore attorney John Nelson who mumbled in open court." He was referring to testimony before Judge Michael Caldwell on Friday during the latest hearing on Grafton Township matters.

I've been in many of the courtrooms at the McHenry County courthouse. If only the judges and the lawyers and their clients would speak up in normal voices, all in the courtroom would be able to hear. Even I.

Of course, it would help if the bailiff would keep the other attorneys and the folks in the peanut gallery quiet. And control conversations in the vestibule. And put in maintenance requests for adjustment to the doors, so that they closed quietly.

I posted the following comment to Pete's article:

"Gee, an attorney mumbled in court and couldn't be heard?
"Here's what I want to know? Why don't the judges (ALL the judges) speak up loudly and clearly AND direct all who speak to them to do the same?
"What will it take to get the Courts' attention? Will we all have to show up with ear trumpets? I've got my eye on one that is brass, about three feet long and has its own unipod.
"How would judges like that? Should we take signs and just stand up with our "CAN'T HEAR" signs?
"The easiest fix is for all to just speak up in normal voices. The next step would be to amplify words in the courtroom, not just record them."

When judges call cases, they are easily heard throughout the courtroom. But, when the attorneys get up to the bench, the attorneys do mumble. I've been in courtrooms when the judge himself couldn't even hear and had to lean forward to hear an attorney. And when a judge had to tell the attorney to speak up.

OK, then the judge can hear. But what about the public - the rest of us in the courtroom? Contrary to an opinion given to me by an attorney in McHenry County a few years ago, I believe the public does have the right to hear what is said to a judge and what a judge says in the courtroom! And we shouldn't have to buy a transcript weeks later to find out what was said!

7 comments:

Justin said...

Why do you need to know? The case is found either thumbs up or down depending on which side you sit.

AZ Supporter said...

Most of the courtrooms do have speaker systems installed; however, I'd bet that if they were turned up so high that you, and the rest of we old farts, could hear, it would feed-back and squeal. Remember, the courtrooms are wired by our wonderful state budget; can't be the best system in the world (probably close to two tin cans and a string). BTW, I seem to remember you complaining about a bailiff trying to keep a whole courtroom of people quiet in, I believe it was Judge Weech's courtroom, because he was too loud. Remember, I sat on a jury in his courtroom, and I thought the big bald guy did a fairly good job of making people be quiet so the JUDGE could hear, let alone, let alone the audience of other defendants and their supporters (and that went for some of the lawyers bigg mouths)

Gus said...

Justin, I don't "need" to know. I WANT to know. McHenry County is still, I believe, in the U.S.A., where we must carefully guard our rights.

McHenry County may not have very many problem judges, but public scrutiny and reporting goes a long way in keeping all the cards and hands on top of the table.

"Greylord" in Chicago wasn't very long ago.

"The price of freedom is eternal vigilance." Just as true today as it was when the words were spoken by John Philpot Curran (1750-1817), Irish politician and judge.

Dee said...

ALl the courtroom have microphones and are recorded. Even the conversations in the peanut gallery are recorded. There is a sophisticated system that one day may replace the court reporter. David Brady is the Electronic Recording Operator via the court admin office. Police Officers are told to be careful what is said as the recorder goes even during breaks etc.

There are many converstaions at the bench that are intended to be quiet. Next time look around and you will see the little microphones.

Gus said...

Thanks, Dee. Next time I'm at the courthouse, I shall look around VERY carefully for signing that would inform me of recording. If they aren't there, then I am being surrepticiously recorded, and that's a violation of Illinois state law!

Maybe it's time to pass out Warning cards to all in the courtrooms? How many lawyers hold otherwise-privileged, stand-up, side conversations with clients in the courtroom?

The ONLY recording in a courtroom should be between the judge and those testifying before him, while the court is in session!

Steve said...

Very little of the indictable conduct in "Greylord" took place in the courtroom - other than the final acts in their little play game of "writ of fixit"

It's been commonly known that recording devices have been in use to aid/supplement/replace "human" court reporters for quite a number of years now. 7-8?

The microphones pick up everything at the bench - don't know about the comments in the peanut gallery - tend to doubt that unless somebody back there stands up yells "Hey! ixnay on the ealsday. Usgay Hilpottpay is erehay!"

Both sides are present with the judge and if something is amiss don't you think one or both of the parties just might make an issue of it? If there's skulduggery afoot, it for sure won't be out in the public area. (only the secret monitoring that you think they're doing for the Trilateral Commission and the spooks at Area 51 is done in the public area). Just bring your tin foil and you'll be okay.

Justin said...

Dee. I think there is little to worry about. How can they identify WHO said WHAT. Yes they have the recordings for court records but that is easily tracked by which microphone it came in from, Judge, Witness or the attorneys.

The system has been there many years and there was quite a bit of consternation when it first occurred, but to my knowledge never has there been any issue.