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Toward the Goal of Justice

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Toward the Goal of Justice Toward the Goal of Justice Procedural Fairness and Public Confidence Pat Riffel, CCM, CMCC Describe the Importance of PROCEDURAL FAIRNESS to courts and court staff I. CONSTITUTIONAL ELEMENTS • 5th • 14th II. CANONS OF JUDICIAL CONDUCT Rule 2.2 Rule 2.12 III. PERCEPTION IS TRUTH Discuss the necessity of written procedures and standing orders IF IT’S NOT WRITTEN DOWN‐‐‐IT DIDN’T HAPPEN I. Key Benefits of a Standard Operating Procedures Manual A. Training/Competence B. Articulation of Required Steps C. Standardization/Consistency D. Promote Harmony E. Efficient and Effective Delivery of Services F. CYA II. Standing Orders • Must be in writing • Must be specific • Must Remove all discretion • Must be signed by Judge COMMON EXAMPLES: Identify practical steps to implement policies and procedures to ensure fairness I. ELEMENTS OF PROCEDURAL FAIRNESS • Understanding • Voice • Respect • Neutrality • Helpfulness II. PRACTICAL TIPS AND BRAINSTORMING TOWARD THE GOAL OF JUSTICE--RESOURCES NATIONAL CENTER FOR STATE COURTS— CourTools Access and Fairness Survey, Trial Court Performance Measures www.courtools.org National Initiative for Building Community Trust and Justice Founded by Tom R Tyler—Yale University, one of premiere experts on subject of access and justice, author of Why People Obey the Law https://trustandjustice.org Center for Court Innovations Measuring Perceptions of Fairness: An Evaluation Toolkit Research, articles, interviews https://www.courtinnovation.org Procedural Fairness for Judges and Courts TIPS FOR ADMINISTRATORS http://www.proceduralfairness.org FULL COURT PRESS— THE FOUR ELEMENTS OF PROCEDURAL FAIRNESS- - Mark Goodner 03/031/6 www.tmcec.com “Improving compliance through respect and procedural fairness” Vicki Turetsky, Commissioner, National Office of Child Support Enforcement www.acf.hhs.gov/programs/css STATE OF ARIZONA JUSTICE FOR ALL-Report and Recommendations of the Task Force on Fair Justice for All: Court-Ordered Fines, Penalties, Fees and Pretrial Release Policies AZCOURTS.gov TEXAS JUDICIAL COMMISSION CODE OF JUDICIAL CONDUCT www.scjc.state.tx.us/pdf/txcodeofjudicialconduct.pdf. US DEPT OF JUSTICE CIVIL RIGHTS DIVISION Office for Access to Justice “Dear Colleague” letter, “Letter to Courts” March 14, 2016 https://www.justice.gov/crt search “letter to courts” UNITED STATES CONSTITUTION https://www.whitehouse.gov/1600/constitution ALASKA PLEDGE OF FAIRNESS The fundamental mission of the Alaska Court System is to provide a fair and impartial forum for the resolution of disputes according to the rule of law. Fairness includes the opportunity to be heard, the chance to have the court process explained, and the right to be treated with respect. The judges and staff of the Alaska Court System therefore make the following pledge to each litigant, defendant, victim, witness, juror, and person involved in a court proceeding: We will LISTEN to you We will respond to your QUESTIONS about court procedure We will treat you with RESPECT Dissecting Citations Ashley McSwain I. Definitions a. According to section 703.002 of the Texas Transportation Code, (when discussing the non‐ resident violator compact” a citation is defined as: i. “any summons, ticket, or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond” b. According to Ballentine’s Law Dictionary, a citation is defined as: i. “a writ commanding a person to appear for some purpose specified” c. Clerks Note: Think of this in terms of bond forfeiture, and civil cases. Essentially, the word “citation” in a legal context means to come appear in court for this purpose. In our courts, officers issue citations for class “c” criminal offenses, and occasionally a clerk will prepare a citation for a civil docket (ex: bond forfeiture dockets). Any type of citation (whether criminal or civil) generally notifies the defendant that there is a legal matter pending against them, and they must appear in court for that matter. II. Authority to Issue a. Chapter 14 of the Texas Code of Criminal Procedure requires a law‐enforcement officer to take an individual being charged with a crime before a magistrate. Section 14.06(b) of that Code provides a provision for class “c” misdemeanors (other than a charge for public intoxication) that allows an officer to release a defendant without taking them before a magistrate if the officer issues the defendant a citation. i. Clerks note: When an officer detains an individual and charges that individual with a criminal violation, the individual is legally under arrest at that time. However, when it is a class “c” offense (other than public intoxication), the officer can release the individual with a notice to appear in court (citation) rather than taking them immediately before a magistrate 1. For example, you are pulled over for a minor traffic violation. When the officer decides to file charges against you for the offense, you are technically under arrest. The officer has the discretion; however, to release you with a citation rather than taking you to jail. 2. We do not consider traffic violations, or being detained for a traffic offense to be “arrests” – but legally the officer is required to take us before a magistrate if we commit a criminal offense. The way officers take persons before a magistrate is to book them into jail, where they will be seen by a magistrate. Rather than arresting and taking every person who commits a class “c” crime to jail, officers typically just issue a citation. b. There are two statutory offenses that an officer is required to release a person with a citation, and one offense where the officer is prohibited from releasing a person with a citation: i. Speeding or Open Container 1. Officers may not jail a person for either of these two offenses, if the defendant signs the citation. Officers may however, jail a person who refuses to sign their citation. a. Clerks note: Generally, if defendant will not sign promising to appear in court – then law‐enforcement is immediately required to take you before a magistrate. Page 1 of 5 Dissecting Citations Ashley McSwain ii. Public Intoxication 1. Officers are prohibited by statute from releasing an individual with a public intoxication charge. Officers are required to take an individual violating this law immediately before a magistrate. a. Clerks note: Officers will often fill out a citation to use with their book in paperwork at the jail and then turn the citation into the court. In this case, the citation turned into the court provides the clerk with the information that clerk’s need to process the case. This citation is essentially notice that the officer intends to file this charge, but to formally file a public intoxication charge a formal complaint must be filed on the case. b. Clerks note: Generally, if an officer turns in a citation to your court for public intoxication – file a formal complaint immediately. III. Complaints a. Citations versus Complaints i. A citation is a notice to appear in court ii. A complaint is a formal charging instrument iii. Here’s the tricky part: 1. A citation may serve as the complaint until a defendant enters a plea of not guilty. 2. The defendant can enter a plea not guilty, waive the filing of a complaint – so long as the waiver is in writing, agreed upon by the prosecutor, signed, and filed with the court. 3. The statute of limitations for class “c” offenses is two years, so you only have 2 years to file a charge; therefore, if a formal complaint has not been filed on a citation within 2 years of the date of offense, the statute of limitations has expired. iv. Clerks role in complaints: 1. While the tricky part above seems quite confusing – essentially, the court clerks simply needs to know when to file a formal complaint. The laws, motions for dismissals, agreements to proceed without a formal complaint are not clerk duties. 2. Clerks should file formal complaints in these following situations: a. Immediately if a citation is received for public intoxication b. As soon as a defendant enters a plea of not guilty c. Before the citation hits 2 years of age. i. On a practical note, it is a good practice to always make sure that you have a complaint on file before issuing a warrant in combination with the probable cause statement. d. Any charge filed in your court without a citation. e. Non‐appearance crimes (FTA/VPTA) – since no citation is issued the complaint must be filed, otherwise no charges have been filed. i. Who is the affiant? (bailiff or court clerk – whomever is going to raise their right hand and swear that the person did not appear in court) f. In all other situations, the case can proceed through the court process, conclude, and be disposed of without ever filing a formal complaint. Page 2 of 5 Dissecting Citations Ashley McSwain IV. Requirements of a Citation a. The Texas Code of Criminal Procedure, Section 14.06(b) requires that each citation “contains written notice for the time and place the person must appear before a magistrate, the name and address of the person charged, the offense charged, and the following admonishment . [see legal warnings required section].” b. The Texas Transportation Code, Section 543.003 requires that when, “An officer who arrests a person for violation of this subtitle punishable as a misdemeanor and who does not take the person before a magistrate shall issue a written notice to appear in court showing the time and place the person is to appear, the offense charged, the name and address of the person charged, and, if applicable, the license number of the person’s vehicle. c. When a conviction is entered, additional information (in addition to the information listed above) is required to be reported to DPS.
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