Monday, August 1, 2011

Order in the court!

Many cases were called in Courtroom 201, Judge Thomas A. Meyer presiding, before the case was called that I was there last week to hear.

Decorum in the courtroom that day stank! It was pitiful! And the lack of decorum was tolerated.

I debated whether to stand up and hold my hands to my ears, as a way of getting the judge's attention. What I suspected was that the bailiff might order me to sit down and the judge might not ask me why I was standing in that manner. I myself am unwilling to disrespect the judge and the courtroom, and so I did not. A letter has already gone to Chief Judge Sullivan.

What was wrong that day? Several conversations between attorneys, unrelated to the immediate business before the Court, interfered with hearing in the courtroom. I was seated in the front row of seats. To my left two male attorneys carried on an extended conversation. To my right two male attorneys stood near the rack of forms and carried on an extended conversation. Another attorney sat in the back row and talked to the Northwest Herald reporter.

An attorney chewed gum noticeably while he was addressing Judge Meyer and then, after his case was over, he stood in front of the lawyers' tables and engaged in conversation with other attorneys there.

And what was the bailiff doing all this time? Not once did he admonish the attorneys or ask them to take their conversations outside the courtroom. Not once! I tried to get his attention. Another visitor in the courtroom even noticed that I had tried to get the bailiff's attention. Ever try to get someone's attention when they don't want you to get their attention?

A judge shouldn't have to stop court and tell the lawyers to shut up. But that's where it's headed in McHenry County. I just hope I'm in the courtroom when it happens.

There is probably a class in law school about courtroom decorum. The McHenry County Bar Association should certainly require CEUs that include such a class every 2-3 years, with the first one within 12 months.

Most of the proceedings in court could not be heard. I wasn't the only person who could not hear what was said at the bench. I don't supposed anyone mumbled there, but their low voices could not be heard, especially with all the side conversations going on by the attorneys.

I'll be asking who instructs a judge's bailiff in the performance of his duties. Is it his employer? The Sheriff's Department? Security Chief Parth? Is a bailiff supposed to keep order in the courtroom?

Or does the bailiff get his orders from whichever judge he works for? Can a judge tell his bailiff to lay off any attorneys who carry on extended conversations, even if they interfere with the hearing of proceedings by spectators in the courtroom?

3 comments:

Justin said...

Isn't any different in Kane or Lake or Winnebago. Unless it is a BENCH or Jury TRIAL there is always chatter in the courts. The problem here is that YOU think YOU are privy to hear what is being said about case status and perfunctory court business which is not a trial but merely moves cases through the court.

Gus said...

Yes, I do think that in public court I, and everyone else, is "privy" to hear what is said. A "status hearing" can contain important decisions. What keeps deals from being made is that business is conducted in open court. And courtroom decorum standards don't change just because a matter is a status hearing, rather than a trial.

Respect is sorely lacking in McHenry County Courts.

Justin said...

The key word here is PERFUNCTORY court business.

(i.e.) one as a matter of duty or custom, without thought, attention, or genuine feeling, routine]


Take a drive and visit the Elgin Branch Court, Kane County. You are lucky if you can hear your name or case called.

Regarding your complaint, the ASA must coordinate dates and there are many sidebar discussions which occur to move cases through the court. The Judge is in charge and as long as the Judge allows it, too bad for you.

"Respect is sorely lacking in McHenry County Courts."

Respect for whom? YOU or the Judge. Last time I checked, Gus Philpot was not an officer of the court.