Thursday, October 05, 2006

Multitasking

Yesterday was a day of multitasking. While this word is frequently over used, trust me, I'm using it correctly!

Yesterday begins with probable cause hearings in Magistrate Court. Most of those set do not happen for a variety of reasons. As I only had one client with two cases, I assumed I would be finished by 9 or 9:30. Ten at the latest, if the DA is slow to make a decision. This would leave me plenty of time to prepare for whichever of the two trials set for today was going. They were in front of the same judge, so both of them couldn't go. The DA at magistrate court immediately agrees to dismiss one case if my client waives the hearing on the other. This seems fair to me. The one he's willing to dismiss is completely silly and my client is caught on video in the other. Also the DA's witnesses are present and ready to testify.

So, that being resolved (or so I thought) I see two DA's that I have been trying to get to speak to each other for the past six weeks in the courtroom. The reason I had been trying to get them to speak to each other is that one of my clients has two cases, one with each prosecutor, and we would like a plea deal that covers both cases. Preferably one that involves pleading to only one felony. One of the cases was set for trial today. So, I talk to one DA, that one says to talk to the other, the other one directs me back to the first! Finally, all three of us get a plea deal worked out. It wasn't what I'd hoped for, but it would do.

Next task: To see about getting rid of the trial setting for today. So a phone-call to the court clerk to see if we can set a change of plea prior to trial at 8. She wants a promise that my guy will plead. However, I don't know at this point, as I can't speak to him about the plea until I can get to the jail and I'm still in court. Furthermore, I can't speak to him at all without an interpreter, seeing as he speaks only Spanish and the only Spanish I know is "come to court Monday at 8:00," and other necessary phrases. I certainly can't explain a plea to him, never mind all the rights you give up when taking a plea. So, the clerk says we leave the trial setting and change his plea at that time, assuming he still wants to do it, otherwise we have the trial. She had a note in the file that the interpreter was informed about the trial date.

Meanwhile, back at the Magistrate Court, my client decides he does not want to waive the hearing without some guarantee that he's getting out of jail, regardless of the video. I argue with the prosecutor and the judge about getting him out of jail, but his bail remains the same. Thus, the prosecutor will not dismiss the silly case, and we let the judges know we need hearings on both of his cases. Naturally, he has two different judges, one on each case. Also, I now find out that neither the DA nor the police have the video, which they need to ID my client. They "can get it" while we do the hearing on the other case

As this is occurring, I see the interpreter at court. She wants to know whether the trial is happening today, because she is interpreting in another court on the other side of the state on that day. So another call to the clerk to find out what she wants to do, given that we have no interpreter for either trial or plea today. She schedules the change of plea for 1:30 yesterday. I say I assume the interpreter can make it, as it's already about 10:00 and the other court is about 10 minutes away. I talk to the interpreter. She can't make it. So I talk to the clerk again. She tells me if I fax over a signed plea agreement, she'll vacate the trial setting. Of course, this still leaves me to find someone to translate the plea offer to my client and go to the jail and get the plea to the court before close of business yesterday.

Back to the Magistrate Court: We have the hearing on the silly case, because the police officer is not back with the video on the other case. We lost, but it was close. I forgot to mention that I did not have any files that day because I completely spaced when I left the office Tuesday, thinking yesterday was Tuesday and that I didn't have court. Fortunately I remembered when I woke up that I had court! In any case, the police officer comes back and informs the DA that the video (which is actually on disc) will not play in a normal DVD player. It will play on the equipment in the police cars and on the equipment it was recorded on, but not in the courtroom. We can't go outside to his police car to watch it because the court's recording equipment cannot be moved out of the court. (They don't record court proceedings with a stenographer anymore, they use digital audio equipment.) So the DA decides, rather than just letting my guy out of jail, that he will try to get the equipment the disc was recorded on brought to the court. This doesn't work, it's the person's day off who can authorize the court's borrowing the equipment. So the judge reschedules the hearing for Friday, within the time-limits, so she doesn't have to let my client out of jail. By this time, it's 1:00.

I make it back to the office by 1:30, giving me an hour in which to get my Spanish-speaking client on the phone from the jail with our receptionist to translate. The jail's phone system is such that we cannot call in and get our clients brought to the phone, we have to get the guard to get them a message to call us. The down side is that assuming the guard actually delivers the message, the entire pod hears this message and calls, once word gets out that I'm in my office. Anyway, after spending 20 minutes on the phone with a different client, I finally get the one I need to speak to. He says he will take the plea, and now my hour's up.

Back to court for a probation violation hearing at 3:00. On the way there, it occurs to me that I haven't heard anything about the other guy whose trial is also supposedly set for today. Come to find out, this one was originally set in error and was re-set. My 3:00 guy doesn't show up. So, while waiting for him, I call to see if our receptionist can meet me at the jail to translate the plea for my other guy. She can't get permission from her boss, so I figure I can get the jail to bring out my guy's friend, who has been translating on the phone for him.

So, I make it to the jail a little before 4, and the jail will not bring my guy's friend. Some kind of odd procedure, I guess, wherein anything that is convenient for us is prohibited. Luckily, one of the nurses at the jail used to be a court interpreter. So, after waiting around for half an hour, she shows up and my guy signs the plea. I tried to get the jail to let me use their fax machine to get the plea to the court, but that is not possible either. For whatever reason. So I lead-foot it back to the office, get there at 5 til 5 and fax the thing!

So, that is the R-r-r-rest of the story about how my 2 trials today did not actually happen and I learned the art of multitasking. As well as putting a heck of a lot of minutes on my cell phone. (Our office is too poor to get us cell phones.)

1 comment:

Jeff Deutsch said...

Hello,

Wow...an excellent "Day in the Life of a Public Defender".

Among other things, I found it frustrating how your client had to spend another two days in jail because the police's equipment was different from the court's and the only person who could give permission to bring in the equipment had the day off. Couldn't someone else have stepped up?

It's also great of you to use your own cell phone for work calls to help people.

Keep up the good work!

Jeff Deutsch