Diane Winbush

I observed court watch in Judge Montesi's courtroom General Sessions (Criminal Court -Division 13). Most cases that were adjudicated regarded DUI, traffic tickets, suspension of revoked licensing, and a few criminal cases. There were no recesses. Per our rubric.

1). Court was in full session after arrival.

2). Judge Montesi was neutral in all cases.

3). Most all Defendants had paid attorneys. Therefore, there was no need for the judge to assign a public defender.

4). Both the accused and or the victim was treated with dignity. Reference: There was a party who was contacted by Judge Montesi during a preliminary hearing. It was mentioned to the judge regarding one party to a case, by the Prosecutor, that the party was on maternal leave. Judge Montesi was courteous on the phone and had great respect for the party who was on maternal leave. Judge Montesi congratulated the party on their new arrival and sent best wishes to the entire family while on the record| bench| and during the hearing. Perhaps, the party was a witness in the preliminary hearing.

5). Each case was handled conservatively.

6). I was able to hear clearly.

7). I did not have any issues getting in but I was asked by some court staff about Just City's purpose in the courtrooms. I only shared restricted information and no mission or vision statements of the organization of Just City were shared. End of Story!!!!!

Today, I performed courtwatch in Judge Montesi’s courtroom (Division 13).

1). Court began promptly.

2). Judge Montesi listened to every Defendant and counselor without partially.

3). Most cases were dismissed or deferred. Those who did not have an attorney was asked if they had an attorney. If not, Judge Montesi appointed a public defender.

4). Both victim and accused was treated equally. Each Defendant or witness was explained in detail of his or her charges and why their cars were dismissed, deferred, or suspended.

5). Judge Montesi handled each case with concern and compassion. For example, Defendants whose cases were dismissed, “Judge Montesi went in depth to explain to each one of making a copy of the dismissal report, so that they had a copy for their records, and that the clerks office would no longer have their files on hand.” Judge Montesi advised each Defendant to keep several copies on hand.”

6). The mic system was clear for everyone to hear.

7). There were no issues entering into the courtroom. Badge was shown and I was assisted as to where to be seated.

*All bail amounts were $250.00 or less which was great.
*There were many No Pros. No Cost cases (Dismissed).
* There was an interpreter present for one or two Defendants who spoke Spanish.

Friday, I served in Judge Montesi’s courtroom, General Sessions #13. Several cases were dismissed; which is a good thing. The prosecutor failed to show evidence of the charges without witness testimonies. There were a mixture of nationalities present with cars in the courtroom. There was a Preliminary Hearing that lasted a while, so I stayed a little longer this day to hear some of the outcome.

The judge was very specific and detailed as to how he addressed those who appeared in the court with charges. Judge Montesi spoke plainly and clear to the offenders, he appointed those who did not have attorneys, a public defender. He set extended court dates for those who were asking for time to hire a lawyer. Judge Montesi ensures that all offenders were aware of their charges and that they understood clearly what their charges were. This judge was the far most thorough and professional judge that I have observed since being with Just City these past five years. I was impressed because the offenders need assistance and not to be roughed up while in court.

Today, court watch was observed in Judge Jennifer Fitzgerald’s courtroom. There were no bail hearings nor any sentencing. Most cases were reset for February | March | April | and October of 2023. Most court dates were reset by request from the offenders’ attorney. All who appeared had attorneys for the exception of one who was incarcerated who didn’t have a public defender nor was aid attorney. All offenders with their attorneys understood the court language by Judge Fitzgerald. The ethnicity background was the same as always; most African American; which included two females and five men. There were no additional racial backgrounds present in this courtroom; Division 2. All professionalism was upheld in this courtroom by Judge Fitzgerald and all court staff.

In Judge Blackett’s courtroom, there was a trial scheduled and the jury was in deliberations. Judge Blackett affirmed the jury well regarding their duties and responsibilities, and asked the jury if there were any questions they had before deliberating. There were a few other cases that were rescheduled, perhaps due to the jury’s verdict. One bail was on hold for one incarcerated offender until Judge Blackett writes her opinion regarding the case. It appears the offenders’ attorney did not advise him thoroughly before court because the offender left asking Judge Blackett many questions, and he appeared confused, while in the presence of his attorney. Nonetheless, all additional hearings were suitable.

This impact is for Wednesday, December 14, 2022 in Judge Blackett’s courtroom. (Division 4). There was one sentencing for one white male (seven years to be served at 100%). All other defendants were African Americans, for the exception of one male Hispanic. There were two African American females and a total of seven cases that we’re reset for January 2023. There were two recesses where Judge Blackett left the bench and eight recesses where she remained on the bench. All defendants were given an opportunity to learn and understand their charges, sentencing, and reset court dates. One Male appeared in court without an attorney, but was asked by Judge Blackett if he was going to retain an attorney. The defendant replied yes, but the was not offered a public defender. His court date was also reset until January 2023. The order of the court appeared in alignment.

This impact statement is in regards to being a court watch observer in Division 4; Judge Blackett’s courtroom on Friday, December 09, 2022. There were three court dates that were reset. There were several (in court) recesses, where Judge Blackett did not leave the bench. All defendants were African American; for the exception of one Caucasian male. There was one defendant who was sentenced to probation and a $6,000 fine. Judge Blackett did not give any suggestions nor any lectures to the defendants, but ensured repeatedly to all defendants if they understood their cases, charges, and if they were coerced to plead guilty of their charges. All courtroom behavior appeared to be professional and courteous towards the defendants and the attorneys.

The court setting in Judge Blackett’s courtroom appeared professional. In this session, the judge did take the opportunity to explain in detail the charges to each defendant. However, I couldn’t help to feel that she was uncomfortable of Just City being present. There was constant staring from the judge to the court officer, and both to Just City (volunteer). I think this is a great tool to maintain good courtesy and fairness towards the defendants.

Court watch is an opportunity to learn the justice system and to apply the Constitution and state laws verses how judicial staff apply their roles, rules, and justification of the law. The 21st century courtrooms are quite different today. In previous years, an attorney could never be late. Today, due to different policies due to COVID-19, now the judge and the defendants have to wait on the attorneys to arrive in the courtroom. I was able to hear two cases today in courtroom 12, because I think the defendants attorneys were meeting with their clients on another floor in the building. The remainder of time I became aquatinted with another Just City volunteer staff. Everything else appeared to be okay.

I attended two courtrooms:

1). Judge William C. Turner- Courtroom #10 (arraignment cases)
*There wasn’t anything unusual, only the resetting of over 30 cases.
* A new prosecutor has been assigned to this courtroom.
* Judge is not running for election in August.
* I think that court observers makes all the difference in the courtroom. Court staff and appointed officials will correct unwelcome comments and condescending statements after learning that Just City and pre- trial court staff are present.

2). Judge Paula: Criminal courtroom #1 (pre trial court cases)
* This was my first court observation in this courtroom.
* Bonds were extremely high ($130,000) in this courtroom.
* Judge Paula appears to inquire the correct information from the offenders while offenders are on the stand and under oath. Judge Paula allows offenders to confront misrepresented attorneys. I think it’s very important that offenders are given the opportunity to confront their public defenders and paid attorneys if the offender feels they have not been represented appropriately. In one case, the offender blew the whistle on their attorney. Unfortunately, the judge was looking for evidence from the offender to substantiate his claims. The offender was African American and the public defender spoke in a foreign language, which could have posed a conflict of communication.