Judges hold court on county's judicial system

Editor's note: This is part four of a nine-part series.

It can be intimidating, but it's also one of the most democratic processes in America.

Going through Lake County's Justice Court or District Court is an ordeal few people look forward to, but the process also highlights one of the best aspects of a democratic society. That process was on display last week when Justice of the Peace Chuck Wall and District Court Judge Kim Christopher talked to Citizen's Academy participants about their respective roles in the local judicial system.

After that, folks got a good look at the county's new 911 dispatch center, as well as the county jail.

Justice Court

About 5,000 cases are heard annually in Justice Court, Wall said, which typically include lesser assault, misdemeanor theft and minor traffic offenses, as well as some civil actions. Because of the nature of the majority of the cases heard there, folks are more likely to have the chance to represent themselves, although that's an option in almost any courtroom nationwide (and one judges are quick to discourage because the many challenges it presents for a non-attorney).

A Justice of the Peace is not required to have a law degree, but Wall does have one.

In Justice Court, defendants can select a bench or jury trial, but if they choose the jury option and lose, they have to pay the cost of the jury, Wall explained.

"These days, a jury trial can cost $800 because we have to compensate them for time off from work and their mileage," he said.

Defendants have the right to cross examine any people that take the stand against them, Wall said, and don't have to take the stand in their own defense.

For speeding tickets, state law mandates a sliding scale for fines, depending on your speed, Wall explained. Going one to 10 MPH over is $20, 11-20 MPH is $40, and so on.

"It's at the officer's discretion" whether to charge someone with reckless driving for folks who are way over the limit, Wall said.

Each fine also includes $35 in fees that go into a statewide law enforcement fund, a victim's witness fund and a court technology fund.

Most speeding tickets result in three points on someone's license, while no insurance or reckless driving are five points, DUIs are 10 points, and vehicular homicide is 12 points. If a driver accumulates 30 points in three years, they lose their license, Wall said.

The state tracks your driving record permanently, but most insurance companies only look at the last three years, Wall said.

Wall also demonstrated a videoconference with a mock "defendant" down in the county jail, a process used either when there is an excessive amount of jailed defendants already upstairs in the court, or if one has a particularly violent past or is prone to outbursts, Wall said.

"They are either not brought up because they are too much trouble or they are on suicide watch or we have too many prisoners already in the courtroom," he explained.

District Court

Christopher spent much of her time talking about an issue that can draw public outcry — plea agreements.

"Everybody wants to know why they do so many plea agreements," she said, noting that perhaps 90 percent of criminal cases in her court result in plea agreements.

"When I was a prosecutor, I always knew what I wanted to get out of a case … what sentence I wanted," Christopher said. "I always liked it better when they call it a plea agreement instead of plea bargains. I never thought 'bargaining' was appropriate."

Christopher noted that prosecutors, judges and defense attorneys are often privy to information the public doesn't have, such as pre-sentencing investigations, which are used in the plea agreement. Also, prosecutors have to negotiate based on what they can prove, not necessarily what they know about a defendant, she noted.

"We (judges) want to know prior criminal history and whether a victim supports it (the plea agreement)," Christopher said. "Only in very rare cases will I accept a plea agreement that a victim doesn't also agree to."

Perhaps the hardest part of her job is watching and helping children navigate through a trial, Christopher said, especially because children are rarely involved for anything but serious circumstances, such as child abuse, custody battles, etc.

She said handling child witnesses is a tough situation, especially as a judge.

"Kids don't file information in the same way adults do. They don't testify in the same neat way that adults do that make sense to juries," Christopher said.

Children who are abused or neglected are the hardest situations, which can turn into cases to terminate parental rights, said Christopher.

"Parent terminations can be difficult," she said. "If a parent is willing to fight for the child, then you know there's still some love there."

The best cases are adoptions, which are typically done in the judge's chambers and bring people together, she said.

"Those are the coolest," Christopher said.

A child's difficulty in testifying effectively in a criminal trial can often result in plea agreements, she noted, but plea agreements also keep the judicial system from getting bogged down.

"If we didn't use plea agreements, the system would be overwhelmed," Christopher said.

Christopher said attorneys can make or break the courtroom experience, as incompetent council can slow the process or degrade the overall system, while watching two good attorneys wrangle over tough legal issues is a great experience.

"The best cases are ones with really good counsel. It keeps me on my toes, and the case flows much more professionally," she said.

With less-than-competent attorneys, the situation can deteriorate, the judge noted.

"Sometimes I'm sitting on the bench just trying to figure out what they are trying to say," she said, noting that that's rarely a problem with local attorneys.

To be a district court judge, one must have a law degree and at least five years of experience in practicing law, among several requirements, Christopher said. The transition from prosecutor to judge was fairly easy, but does involve a different perspective.

"I was no longer an advocate — I was a referee. Your perspective is totally different," Christopher said.

911 system

At the end of the evening, the Citizen's Academy was given a tour of the county's new 911 communication center, which is scheduled to be completed by early summer. The new system will include your home's location, mapped out for easier access by law enforcement, fire and emergency medical personnel based on your phone number.

"This communication center has been three years in the making," 911 supervisor Daren Incashola said.

In order to be a 911 dispatcher, you have to go through a background check and must be state certified. The job is stressful, and can including fielding calls from abused people, suicidal patients, criminals and frantic folks in the middle of an emergency.

It can also include the mundane, such as folks calling about power outages, or even asking for directions, dispatchers noted.

"This is a very demanding, high-stress position. It's probably the most stressful in law enforcement," Sheriff Bill Barron told students.

County dispatchers have so far fielded about 7,500 calls this year, which they consider a "slower" year because it's about 365 less than the same time last year, Incashola noted.

The new communications center includes a $64,000 phone system, a $215,000 radio system and a $30,000 monitor system.

Although the new system works well by giving your address based on the home phone number, it doesn't account for the growing number of folks who have a cell phone as their primary line, although Incashola noted that most cell phones have a Global Positioning System built in, which the communication center will eventually be able to accommodate.

However, when cell phone towers are deluged with calls, a 911 call from a cell phone is routed until an empty tower can "place" the call. As a result, dispatchers once got a 911 hang-up call, which they are obligated to follow-up on, from Reno, NV.

"This is a state-of-the-art system we have here. It's the top of the line," Incashola said.

The county jail

Folks went from the communication center down to the county jail, and if ever there was a deterrent to criminal behavior, a tour of the county jail would provide that.

The cement walls are all painted a cheerful light blue, but beyond that, it's all meat and potatoes. Each of the jail's several wings is designed to house prisoners based on categorization — the more violent ones are paired with similar criminals to avoid a repeat of an incident years ago in which a man who had been convicted of homicide beat another man to death who was only in jail overnight on a misdemeanor charge.

The classification process also takes into consideration whether someone is charged with a sex-related crime.

Citizen's Academy students were not allowed to look inside the wings out of courtesy to the prisoners, but a reporter's peek revealed a half dozen men lounging on bunks while another few watched Fox News on cable TV. Prisoners are provided with standard cable TV, as well as copies of the Missoulian and Lake County Leader, Barron said.

"They like to stay informed of what's going on in the outside world," Barron said.

He noted that the state jail provides a lot more amenities, including a bigger exercise area and better visitation opportunities, than the county's jail.

"It's definitely harder to serve time in the county jail, compared to what you get at the state," Barron said.

The Citizen's Academy will continue next week with a discussion of gang activity. We'll also examine some of the students' experiences in their ride-alongs with various Sheriff's deputies.