Rotation #2: Court

Before pursuing my masters in public administration, I considered a career in law. I had worked at a law firm for several years as a clerk, and I was interested in being at the forefront of the profession. I didn't know much about the different legal opportunities, however, so when I heard I'd get to follow the town magistrate, the honorable Charles Davies, I was excited to learn more about the courtroom process.

This particular day in court focused on criminal misdemeanors. The process began with the defendants talking to the Laine Sklar, the prosecutor, before talking to the judge about setting a court date or entering a plea (more on the actual court process can be found here. To read about the legal perspective of the day, visit Amanda's blog about her experience with Laine). By sitting in the witness seat (unused normally for this kind of proceeding), I could observe the judge's interaction with the defendants.

Many of the defendants present don't necessarily reside in Marana, but had been pulled over in Marana, or sent to the Marana court by DPS. The charges presented in court ranged from DUI's, drug use, and domestic violence, to driving on suspended license, speeding, no proof of insurance, animal neglect, and shop lifting. The defendants were mild-mannered and respectful toward the judge, which allowed for a smooth proceeding.

Judge Davies was consistent and fair in his rulings. He listened to the defendants, gave opportunities for defendants to schedule trial dates according to their availability, and provided information relevent to their charge. Most conversations with the judge followed this order:

• Explanation of the legal process for the defendent based on their charge
• Offered the opportunity for the defendant to give a plea (guilty, not guilty, no contest)
• If guilty, the judge explains the rights to a trial that the defendant gave up if pleading guilty.
• Establish the next process (whether it's a payment plan, or setting up a trial date)

Many times if the charge involves a trial, the judge can appoint a lawyer for the defendant if the defendant is unable to provide for their own. Sometimes the judge will have the defendant contribute to the cost of an appointed lawyer, but at a rate far lower than if they had to get a lawyer of their own at a normal rate.

Video Trial

At noon the judge sits in a video trial, which allows for prisoners in jail to hold session from the jail. The proceedings are very similar to what has been discussed above, with the only difference being that the prisoner is not present, and communication is done through a television screen.

Information Worth Remembering

The biggest lesson learned from this process? KEEP IN CONTACT WITH THE COURT!! If the defendant is unable to make a payment or show up for a court date, let the court know and they will try to work with you. By not doing this, a warrant is put out for your arrest, and it only makes the situation worse.

If assigned to community service, it is the defendant's responsibility to find a place to do it (food banks, churches, non-profit organizations, etc).

If a defendant does not attend trial, it can carry on without their presence. If they are convicted, a warrant is sent out for their arrest. 

Marana ofttentime uses blood tests to determine the blood alcohol content for DUI cases as opposed to the breathalizer test. It is not unusual for blood test results to take awhile to come back from the lab, and your arraignment can be scheduled prior to its return.

When I asked about the safety and behaviors in court, Judge Davies told me that surprisingly enough, civil case defendants tend to be more violent and angry that criminal defendants. Interesting food for though!

Reflection

Being a courtroom judge is an admirable profession, and requires someone who can talk to people and pass judgment before individuals who are going through rough times. The municipal court staff is very efficient at moving through cases, and the judge shows his wish for the defendants to be able to put their proceedings far behind them. While I believe that working in municipal court for criminal misdemeanors may not be for the faint of heart, I believe that those who do have a strong desire to maintain the quality of life in the community, and care about the safety of the citizens.