Queens Arraignment Personnel
Table of Contents
- Judge
- Court Officers
- Police Officers
- Defendant
- Prosecutors
- Court Clerks
- Court Reporter
- Defense Lawyer
The Judge
Everyone knows who the judge is -- the one in the black robe (usually) who sits up on the bench. Most newer judges to criminal court are assigned frequent arraignment shifts. Judges are under a great deal of pressure to "move cases" in arraignments in order to make sure that the system does not get too clogged. Some judges who are extremely efficient seem to be "rewarded" for their efficiency by being assigned arraignments more often than others.
The judge is really at arraignments to make one major decision about the case: whether to release the defendant on his promise to return to court (or if you prefer legal language -- Release on Own Recognizance (ROR)) or whether to set some amount of bail. Judges have a huge amount of leeway in making this decision. The decision usually comes down to an evaluation of the following major factors: seriousness of the crime charged, defendant's criminal history, and the defendant's ties to the community.
Judges vary greatly in temperament and style. Cases in which one judge would release a defendant are cases in which another might set bail. Some judges do a lot of shouting and arguing, while others simply quietly roll along. Some judges have reputations for being "tougher" on certain kinds of cases. Some judges have reputations for setting bail on just about everything. As with all reputations, they are not always deserved.
Court Officers
The Court Officers are the ones you see in the "well" (the area in front of the audience where the action is) wearing blue uniform shirts. The "Bridge Officer" is the court officer who actually calls the cases into the record. He or she will stand directly in front of the bench where the judge sits. As an audience member, you should never attempt to get the Bridge Officer's attention. The Bridge Officer is often extremely busy managing the calling of cases in a busy courtroom.
If you have a question or would like to let the attorneys know you are there for a particular defendant, try to get the attention of one of the other officers who usually stand off to the side. Be patient and polite. Court Officers have the power to be of great help to you, but they are busy, they are attempting to follow security procedures, and they have a great deal of experience (unfortunately) dealing with people who are rude to them. No matter how upset you are, do not take it out on the Court Officers. They are not responsible for whatever situation that brought you to court. If you are patient and polite they can be most understanding and helpful.
Police Officers
The police officers are the ones, also in the "well", who are wearing the dark blue police uniforms. They will be the ones escorting the defendants out from behind the courtroom out in front of the judge. The police have their own table off to the right of where the defendants are brought out to stand. As a general rule you as an audience member ought not attempt to gain information from the police officers in arraignments. They are usually extremely busy making sure that arraignments can proceed quickly, orderly, and safely. Although the police officers can be voluntarily quite helpful, generally, you will be referred to court officers for information.
Defendant
Once the Bridge Officer calls the case into the record, the police will escort the defendant out to the area next to the defense attorney's podium.
As a general rule the defendant will stand silent throughout the entire arraignment while his attorney does all necessary talking. Occasionally, defendants who are agitated, upset, or otherwise emotional will act out in front of the bench. This is almost always a VERY BAD idea.
No matter what is said by the Prosecutor, the Defense Attorney, or the Judge, it is almost always destructive for a defendant to do anything but stand there. Turning around, looking at audience members, attempting to talk to audience members, moving around, and gesturing will almost always result in sharp orders to stop from the police and sometimes even the judge.
Keeping in mind that the goal is to get the judge to do something for the defendant (that is release or set bail that can be made), causing a scene is probably not the way to accomplish the goal.
Prosecutors
The Prosecutors (Assistant District Attorneys) are permanently stationed at the table to the audience's left and the judge's right. Usually, the District Attorney's Office assigns two assistants (unless it is unusually slow) to work arraignments.
The Assistants who arraign cases are not the prosecutors who will follow the cases. They are only familiar with the cases to the extent that they are able to read the write-ups provided for them by the Assistants who put together the file at intake. They have not often the slightest personal involvement in the cases they arraign and so rarely are more familiar with the case than what "is written in the file." This can be extremely frustrating for defendants and their family members in court. But the arraignment is NOT THE TRIAL. There are no witnesses, there is no evidence, it is simply an opportunity for the judge to decide the issue of bail.
As a general rule, you will find newer Assistants assigned to the arraignment parts. Often, however, one of the two assistants will be a more experienced supervisor who will handle special cases or be there to advise the newer assistants. Rarely, on major cases like murders, large drug arrests, or cases involving media attention, special assistants will appear to arraign one particular case.
Typically, the Assistants will ask the judge to set some bail on many cases, including cases in which you might not expect bail to be set. DO NOT BE ALARMED. Simply because the prosecutor asks for a certain amount of bail does not mean that the bail will be granted. Remember that the defense lawyer has an opportunity to speak as well.
Court Clerks
Occasionally, you will see people in plain clothes appear in the courtroom, perhaps speak with the judge, or speak with officers and attorneys. Most likely these people are court clerks. The clerks are responsible for a great many important administrative duties in the background of the courtroom. In many respects the clerks wield significant power in the Court. In a sense they control the flow of cases into the courtroom. The attorneys, for example, can't begin the process of interviewing the defendants until the clerks have completed the process of assembling and documenting the court papers. Clerks must pass extremely difficult examinations about the law and are an invaluable resource for lawyers and judges alike.
Court Reporter
The Court Reporter is the person you will see sitting in front of the judge's bench near the Prosecutor. The Reporter types into a machine that resembles a typewriter. The Reporter's job is to take down absolutely everything that is said "on-the-record" in Court.
Defense Lawyer
The defense attorney stands to the left of the defendant at the podium near the prosecutors' table. Do not be alarmed if the defense attorney does not immediately begin arguing the defendant's cause. Arraignments proceed in a particular order and the defense attorney doesn't go first.
After the Prosecutor reads out the legal notices required at the arraignment, and after the Prosecutor makes his bail request, the judge gives the defense attorney a chance to make an argument.
Usually the defense attorney will attempt to convince the judge that the defendant is a good candidate for ROR or Release on Own Recognizance. In some cases where it is extremely clear that the judge will set bail, the defense attorney will may seek to convince the judge to set an amount of bail the defendant can make.
Keep in mind again, that the bail application is NOT a trial. The judge is not making a determination of guilt or innocence at the arraignment. Keep in mind the three most important issues for the setting of bail: seriousness of the charge, criminal history of the defendant, and ties to the community. In most cases the defense attorney will address these issues.
In some cases, the defense attorney will give the judge a very brief feel for the nature of the case if the circumstances are favorable to the defendant.