Bond Court

Ever been to Bond Court at the McHenry County Jail?

I was there this morning to see what I could do to help out a young man who has found himself in hot water.

In order to gain access to the viewing area, one surrenders his ID card to a jail security officer and is given a key and directed to a locker, where everything is to be placed - wallet, keys, everything. I was permitted to take pen and a notepad to the viewing area.

Visitors are escorted to the courtroom viewing area, which is separated from the courtroom by a wall and window. At first I thought the window might be one-way glass, but I later learned that those on the "inside" can see that there are people in the viewing area.

Court is to start at 8:15AM; this morning it started a little earlier. Prisoners are escorted to a seating area off the courtroom but visible to the judge, others in the courtroom and to those in the visitor viewing area. The judge, who did not introduce himself so far as I could tell, opened the proceedings and said rather quickly and without particular emphasis to the prisoners, "You have the right to an attorney. If you cannot afford one, one may be appointed for you."

Now that got my attention, because I have always heard the rights read as "You have the right to an attorney. If you cannot afford one, one will be appointed for you." He didn't bother with the other Miranda rights; presumably, they were all read to, and consented to by, the prisoners before they were jailed.

There is a big difference between "may" and "will", but it didn't seem to make a lot of difference this morning. The Public Defenders' office won't have to worry about running out of business. They may all die from over-work, but they won't run out of business.

Although it was somewhat difficult to understand the judge through the amplified sound piped into the visitor viewing area, it was impossible to hear what any of the defendants said. There was a microphone on a stand to the side of the podium behind which they stood; it should have been in front of them, so that they spoke into it when answering the judge's questions.

There didn't seem to be much effort given to helping a prisoner figure out how to bond out. He either could or could not afford the bond on his bail.

I wonder how much money the McHenry County Jail (and taxpayers) would save if someone assisted the prisoners in exhausting every means to bond out.

The judge sets the bail and then the prisoner can bond out, if he can come up with 10% of the bail, plus $28 for the jail officers to push a few papers around a desk.

The female prisoners were called first, and then the men were called up individually.

While I was there, I picked up a copy of the Visiting Hours. One particular rule jumped out at me as rather Draconian. "All detainees/inmates eligible for vistation (sic) will receive a thirty (30) minunte (sic) visit each week."

So much for keeping a prisoner connected with society, so that there will be a better chance that, when he is released, he'll stay out. I'm a proponent of rehabilitation and for that, a person must stand connected with family and his community. Thirty minutes out of 168 hours doesn't provide much chance for connectivity.

When I first skimmed the Notice of visiting hours, I blew right past the typos. After looking at it more carefully, I wondered why a Notice distributed by a County office contains typos. This particular version has been in use probably for almost six months, because the visiting hours changed last January 6.

Visitation is misspelled twice as "vistation".
Minute is spelled "minunte".

© 2008 GUS PHILPOTT

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?