10 February 2010 Court Service

Not a busy day in Judge Mott's courtroom in Newton today. I think most yet trying to recover from icy roads and snow. I-80 had cars strewn from end to end with one semi on its side in a rather deep ditch. We had the usual sentencings, not guilty pleas, and continuances. Things are somewhat more relaxed except for the owi sentencings where Judge Mott engages in a one-sided query of why the defendant was endangering the public by driving while under the influence of alcohol. My client sentenced for a 3rd driving while barred received 60 days in the county jail which he was expecting and took quite well actually. He had made arrangements for his seven year old to transfer schools to live with a relative and was quite non plussed about the situation. Would be nice if most of the folks being sentenced took it half as well.

We did set some trials though--way out. Our county attorney's office has the opinion of its own docket that IT'S FULL and therefore we are setting trials into April and May. My only concern about setting out trials that long is that some, if not most, can't stay out of jail that long. Then, with the new charge, Judge Mott rescinds their bail and there they sit longer than if they would just plead and be done with it. Oh, well.

Guthrie County

Due to the fact that the State Public Defender's Office continues to squeeze attorneys contracted to do criminal defense work at the State's inadequate rate of pay, I have signed on to do criminal defense work in Guthrie County. It is quite a drive from Mingo and may not pay for itself on a case-by-case basis, but will open up a new geographical area to my practice. It is in the 5th Judicial District and therefore I know the judges. We shall see how it works out.

Busy morning in Judge Mott's courtroom. Court service day. Jail was late which is not unusual. I had one client who couldn't get through a guilty plea, but finally; and when he learns judge Mott will put him in jail asked for time for sentencing and now wants to withdraw it and go to trial. Of course, he was pleading to a simple misdemeanor but will go to trial on an aggravated misdemeanor. One client didn't appear and I reset the pretrial conference for 2 December to find that he was sitting in the hall the entire time. He called later and said he wasn't sure which attorney was his although we have spoken at the court house at least twice. I told him it was okay, because I didn't recognize him either.

A non-court day. They are more frequent with the Public Defender's Office taking over the felony docket in Jasper County. The judge's are required to appoint the Public Defender. Where the Public Defender's Office gives notice to the local clerk of the cases that must be given to them, the judges are required to do so. The judges have no discretion in whom they appoint to a case. It does not matter if the Public Defender's have more to do than they can reasonably do well. It does not matter if an attorney has represented a client all the client's life in all his difficulties, his wishes are irrelevant. The Public Defender's lobbying efforts have convinced the legislature that they are cheaper than private, contract attorneys. They may or may not be, but I do not believe that has been established with any veracity. For instance, attorney fees are ordered paid by the defendant if the defendant pleads or is found guilty. That money goes into the State's general fund, not returned to the public defender's office. There are other factors that do not appear to be factored into the equation. For instance, is it cheaper to plead a defendant guilty to a some charge, lessor or not, rather than try the case and win some of them. Every guilty defendant has subsequent costs that a defendant found not guilty does not incur. There are probation costs, incarceration costs, counseling costs, medication costs, treatment costs. There very well could be others that do not come to mind at the moment. The criminalization of the people is a costly affair.

Nice day to spend visiting one place of incarceration or another. First, the Jasper County Jail to make a first visit with a client. Sad case wants out but no place to go. No job. Not much point in asking Judge Mott to reduce his bond. Then to the Newton Prison to visit. Only one in the waiting room when I arrived. Still had to wait. Must make you wait as a matter of policy while people wander in an out rather frequently. Can't yet understand the invisible ink stamp on the hand as if they don't recognized me when I come back through. Everything connected with the court house, jail, and prison rather quiet--all must be gearing up for the holidays.

Hot days in Jasper County

It's damn hot. 94 today. Judge Goodhue is now presiding in Jasper County indefinitely. He has designated Jasper County as his home county and is waiving his travel expenses. We now have a judge for court service days and can and will go back to two days: criminal on Mondays and civil on Tuesdays.

Was required to attend Judge Mott's court this morning. A fellow was sentenced for driving while under suspension and failure to have insurance. The issue is that he also has an OWI pending which he received the same time as the other two tickets, but failed to request an attorney for the two simple misdemeanors. One or both would more than likely been dismissed if he eventually pleads to the OWI thereby saving him some money and a conviction. Talk to an attorney before you plead, not after.

It was a slow day at the courthouse. Furlough days will be coming and the courthouse will be closed at 2:30 p. m. on Tuesdays and Thursday for the purported purpose of the clerks catching up on their work since they will be missing many Fridays. The idea they need banker's hours is ludicrous, but oh well.