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.
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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.
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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. Although the
police officers can be voluntarily quite helpful, generally, you will be
referred to court officers for information.
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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.
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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 nearly every case. 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.
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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 the court papers.
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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.
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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.
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