Community Guide to the Courts

Council for Court Excellence Improving Justice for the Community COMMUNITY GUIDE TO THE COURTS Describing the State and Federal Courts in the District of Columbia, Maryland, and Virginia Published by THE COUNCIL FOR COURT EXCELLENCE

1 FOREWORD When Community Guide to the Courts, formerly known as A Citizen’s Guide to the Courts, was first printed, it was the tenth educational publication produced by the Council for Court Excellence as a public service to the Metropolitan Washington Community. The first edition of this guide, published in 1989, was also the Council's first public education booklet describing the local and federal courts in the Washington Metropolitan area, and explaining in simple terms the court process for typical civil, criminal, and juvenile cases.

The Court Guide has been updated and is being republished to serve two purposes: 1) to give practical information to members of the community involved or interested in the court system; and 2) to provide an educational supplement to those learning about the judicial branch of government. The content and orientation of this publication is in plain language in keeping with the Council for Court Excellence’s commitment to increase public awareness about the courts, and to encourage greater public understanding of and support for the justice system.

2008 EDITION provided constructive suggestions and ACKNOWLEDGEMENTS updates: Nancy Mayer-Whittington, Many organizations and individuals Clerk, U.S. District Court for the contributed to the development of this District of Columbia; and Duane B. Guide. The Council for Court Delaney, Clerk, Superior Court of the Excellence would like to take this oppor- District of Columbia. tunity to formally acknowledge those The following Council for Court involved. The Council especially thanks Excellence Board members also the GEICO Philanthropic Foundation reviewed and commented on the Court for its generous contribution to under- Guide: Susan Brinkerhoff, Esq.; Cary M. write this publication and for its support Feldman, Esq.; Leslye Givarz; Steven for many years of Council for Court Schneebaum, Esq.; Kenneth G. Stallard, Excellence community education publi- Esq.; Administrative Law Judge Arabella cations. Teal; and Theodore Whitehouse, Esq. Like the previous edition, the Court Finally, thanks to the Council for Guide underwent numerous drafts and Court Excellence staff and current and was reviewed by many people in and former interns who worked on this outside the courts. The Council is update: Julio C. Lainez, Program indebted to the many justice system offi- Analyst; Rebecca Krystosek, Intern; cials and Council for Court Excellence Saida Khanukayev, Intern. Board members who generously contributed their knowledge and time to the June B. Kress Court Guide. Executive Director Special thanks are extended to the following court officials who reviewed March 2008 previous drafts of the Court Guide and

2 TABLE OF CONTENTS

General Introduction ...... 4 FEDERAL COURTS IN THE WASHINGTON, D.C. I. Introduction to the Judicial METROPOLITAN AREA...... 19 Branch of Government ...... 5 District of Columbia TYPES OF COURTS ...... 5 Maryland Trial Courts Virginia Appellate Courts DIAGRAM OF THE Specialized Courts FEDERAL COURT SYSTEM...... 19 TYPES OF LAW ...... 7 VI. Civil Action ...... 20 Criminal Law Civil Law DESCRIPTION OF A TYPICAL CIVIL CASE ...... 20 JURIES ...... 8 Pleadings Petit Jury Discovery Grand Jury Motions Jury Service Trial II. The District of Columbia SETTLING DISPUTES Court System...... 10 OUT OF COURT ...... 21 DESCRIPTION OF THE COURTS ...... 10 General Introduction Superior Court Arbitration Mediation Court of Appeals ADR Programs in the D.C. Area DIAGRAM OF THE DISTRICT OF VII. Criminal Action ...... 23 COLUMBIA COURT SYSTEM ...... 13 CRIMINAL PROCEDURE ...... 23 III. The Maryland Court System ...... 14 Arrest Procedure Initial Appearance DESCRIPTION OF THE COURTS Preliminary Hearing District Court Indictment Circuit Court Arraignment Orphan’s Court Pre-Trial Motions and Hearings Court of Special Appeals Trial Court of Appeals Sentencing DIAGRAM OF THE VIII. Juvenile Proceedings ...... 26 MARYLAND COURT SYSTEM ...... 15 IV. The Virginia Court System ...... 16 JUVENILE PROCEDURE ...... 26 Pre-Trial Proceeding DESCRIPTION OF THE COURTS ...... 16 Alternatives to Trial District Court Trial Circuit Court Disposition Court of Appeals IX. How to Find a Lawyer ...... 28 Supreme Court District of Columbia DIAGRAM OF THE Maryland VIRGINIA COURT SYSTEM ...... 17 Virginia V. The Federal Court System ...... 18 X. Directory of the Courts ...... 30 DESCRIPTION OF THE COURTS ...... 18 Federal Courts General Structure District of Columbia Court System U.S. District Court Maryland Court System U.S. Circuit Court of Appeals Virginia Court System U.S. Supreme Court XI. Glossary of Legal Terms ...... 32 XII. Organizational Resources ...... 36

3 GENERAL INTRODUCTION

Community Guide to the Courts in the Washington, D.C. Metropolitan Area is a comprehensive guide to the various courts in the District of Columbia, Maryland, and Virginia. The purpose of the Community Guide is to set forth the structure of the court systems, state and federal, and to describe the functions and roles of the judicial branch of government. The Guide has the following objectives: 1. To provide the public with a working knowledge of their state and federal court systems; 2. To help the public understand the functions of the various courts; 3. To describe the typical process for civil, criminal and juvenile cases; 4. To assist the public with locating courthouses, understanding everyday legal terms, and, when necessary, finding a lawyer.

The first section provides a basic introduction to the judiciary and the purposes of courts. Section I also contains an overview of court structure, types of law such as criminal and civil, and the role of juries in the court system. Sections II, III and IV describe the court systems in the District of Columbia, Maryland, and the Commonwealth of Virginia, respectively. Each of these sections provides information on the jurisdiction of the trial court and the appeals process. Section V is a summary description of the Federal Court system. Included in this section are references to the principal federal courts located in the District of Columbia, Maryland and Virginia. Sections VI, VII, and VIII provide descriptions of typical civil, criminal, and juvenile court actions. The final sections include useful information for locating a lawyer, obtaining legal advice, the locations of the state and federal courts in the Washington D.C. region, and a glossary of terms. Throughout the Guide, legal terms that appear in italics are defined in this glossary. Whether you are a participant in the court system or a student of the judiciary, the Community Guide to the Courts provides an easy-to-understand description of state and federal courts and many legal procedures.

Throughout the Guide, legal terms that appear in italics are defined in the Glossary, beginning on page 32.

4 THE JUDICIAL BRANCH OF GOVERNMENT

At both state and federal levels, the government is organized into three separate and co-equal branches–Legislative, Executive, and Judicial. Each branch of the government has a specific role. The Legislative branch is responsible for making the laws; the Executive branch carries out or enforces the laws; and the Judicial branch (the court system) interprets the laws and decides disputes about the laws. Courts serve many purposes and functions in the American system of government. The most obvious purpose is to interpret or apply the law. In a larger sense, their purpose is to do justice, to settle disputes peacefully, and to assure that everyone has an equal opportunity to prove their case or defend a lawsuit filed against them.

TYPES OF COURTS sider more significant civil and criminal In both the federal and state court cases. Many courts of general jurisdiction systems, there are basically two types of also review appeals from courts of limit- courts with which citizens come into ed jurisdiction. contact: trial courts and appellate In the federal system, trial courts are courts. In addition to these general called United States District Courts. types, there are numerous other courts District courts primarily hear cases in the state system that perform a spe- involving violations of federal law. More cialized role, such as small claims courts, information on district courts is provid- juvenile courts, and housing courts. The ed in Section V, The Federal Court federal court system also has certain spe- System. cialized courts such as bankruptcy and tax courts, which handle only certain Appellate Courts types of legal disputes. The principal function of an appellate court is to review a trial court’s Trial Courts actions and decisions, and to decide The function of a trial court is to whether the trial judge properly fol- receive and consider evidence in a case lowed the law and legal precedent.In and make judgments based on the facts criminal or civil cases where a jury is and underlying law and legal precedent. used, the appellate court may have to This may result in the awarding of mon- decide whether the jury’s decision was etary damages in a civil case or imposing proper, given the facts presented and the sentences in criminal cases. underlying law in the case. Trial courts at the state level may be Appellate courts do not necessarily divided into courts of limited jurisdic- decide which party won a trial, nor do tion and courts of general jurisdiction. they conduct a new trial. Rather, appel- Depending on provisions found in the late court judges review the earlier trial individual state constitution and laws, and determine whether or not it was courts of limited jurisdiction rule on fair, according to the law. minor civil matters and minor viola- In more than 35 of the 50 states, tions of the criminal law. Courts of gen- appellate courts are divided into inter- eral jurisdiction are empowered to con- mediate appellate courts and courts of

5 last resort. Both Maryland and Virginia In Maryland, Virginia, and the have intermediate appellate courts; the District of Columbia, the small claims District of Columbia does not. A party court is part of a larger trial court of in the case who does not accept the deci- general jurisdiction. A small claims case sion of the intermediate appellate court begins when a person or business files a may seek an appeal to the state court of complaint, which is a brief statement or last resort. claim against another party. The person Courts of last resort are the highest or business being sued in the small level courts in the state judicial system. claims case is called the defendant.The Their judicial decisions are final, except defendant in a small claims case must in cases involving laws of the United be given a copy of the complaint, States and the United States statement, or claim filed against them by Constitution, which can be considered the other party. in federal courts and may be appealed to Usually the small claims defendant is the United States Supreme Court. In not required formally to answer the most states, such as the Commonwealth claim before the trial; during the trial of Virginia, the court of last resort is the defendant will be able to explain called the Supreme Court; in Maryland his/her side of the case. In small claims and the District of Columbia the highest court cases, it is essential that both par- state court is called the Court of ties be present in court at the designated Appeals. time and place of the trial. If not, the Appellate courts of the federal system small claims judge may rule against the are called United States Circuit Courts. absent party by entering what is called a They hear appeals from the United default judgment. Court rules in small States District Courts and also may claims cases are less formal than in other review administrative agency decisions. civil or criminal trials. Each side merely Decisions in the federal circuit courts presents its case before the judge, who are final, except when reviewed by the acts as a referee and makes a ruling or United States Supreme Court. decision. In most small claims cases, it is not necessary for a party to have an SPECIALIZED COURTS attorney, and many people choose to Specialized trial courts found in the represent themselves. state court system vary widely across the In the District of Columbia, the Small 50 states. Such terms as justice of the Claims Court is part of the Civil peace courts, small claims, traffic, land- Division of the D.C. Superior Court. As lord/tenant, juvenile, and domestic rela- of 2007, monetary awards in the D.C. tions each describe a different form of Small Claims Court are limited to less specialized trial courts. Two of the most than $5,000. Claims involving amounts common specialized courts, small greater than $5,000 are heard by the claims and juvenile, are described below. Civil Actions Branch within the Civil Division of the D.C. Superior Court. Small Claims Court Small claims cases in Maryland are Small claims courts have several main decided by the District Court and features: they are usually quick and sim- involve claims of $5,000 or less. ple for people to use, and the types of civil cases they consider must be for In Virginia, each general district monetary damages below a certain dol- court has a small claims division. In lar limit. cases heard within the small claims division of general district courts in

6 Virginia, people must represent them- as an adult in criminal court and not selves and cannot be represented by have their case heard in the juvenile lawyers. The small claims division has court. State laws differ on the age at jurisdiction over civil cases which which a juvenile may be charged as an involve a monetary dispute of $2,000 or adult. less. TYPES OF LAW Juvenile Court There are two general types of cases Juvenile courts are specialized state or decided by courts: criminal and civil. county courts that consider violations of One of the main objectives of criminal law by persons under age 18. If a juvenile law is to protect the public against harm is accused of committing a crime, being by punishing and deterring criminal a delinquent, or felt to be in need of spe- activity. Civil law can essentially be cial court-ordered supervision or servic- defined as all laws other than criminal es, the youth’s case usually will be heard laws. Civil law usually involves private in a juvenile court. parties and questions of compensation The term delinquent refers to a juve- to the injured party for damages. nile who has been found by the juvenile Criminal law usually involves an accused court to have committed an act that and a victim. would be a crime if committed by an Criminal Law adult. A “child-in-need-of services” (CHINS), or a “person-in-need-of serv- In a criminal case, the prosecutor ices” (PINS), is a juvenile whom the decides whether there is sufficient evi- court determines has committed certain dence to file formal charges against a per- improper acts which, if committed by an son accused of breaking the law. adult, would not be considered a crimi- Whether the person charged, called the nal offense—such as truancy or habitu- defendant, will be prosecuted in federal ally running away from home. or state court depends on the type of crime he/she is accused of committing Juvenile courts differ from other trial and where the crime occurred. courts in several important ways. Juvenile court hearings are not usually Most crimes are prosecuted in either open to the public. The court seeks to a state or local trial court, but certain protect the privacy of the juveniles com- crimes, such as mail fraud, bank rob- ing before the court. Second, juvenile bery, racketeering, and certain drug courts traditionally have an objective to offenses, are defined by the U.S. rehabilitate or treat, rather than punish, Congress as federal crimes and are pros- young persons who come before this ecuted only in federal district courts. court. The welfare of the child and the The prosecutor, as the state’s attorney family are the primary concerns of the often is called, represents the interests of juvenile court proceedings. In other the victim and society. In general, the respects, juvenile courts have similar prosecuting attorney’s obligation, as the requirements and provide similar safe- attorney for the state, is to prosecute the guards as other trial courts. Juvenile defendant in accordance with the law. courts do not, however, conduct jury tri- The defendant has the constitutional als. Juvenile cases are heard by a judge or right to an attorney, and, if he/she can- judicial officer. Also, depending on state not afford one, the judge will appoint law, juveniles who are alleged to have one. The defense attorney representing committed serious crimes (murder, the defendant also may be “retained” rape, armed robbery, etc.) may be tried and paid by the defendant.

7 For those who are accused of a crime matters of fact, and to decide the truth but cannot afford a private attorney, based upon the evidence laid before defense attorneys are either “public them. defenders” or a private attorney The U.S. Constitution guarantees appointed by the court. Defense counsel that most criminal defendants are enti- represent the defendant in all criminal tled to a trial by a jury. The defendant proceedings and ensure that the defen- can waive this right and have the trial dant’s constitutional and statutory rights heard before a judge or other judicial are protected. officer without a jury. In most civil cases, If the defendant is convicted, the either party may request a trial by jury. judge will impose a sentence under federal or state law, which may include a Petit Jury fine, restitution, probation, incarceration, A petit jury is a group of 6 to 12 citi- community service, or a combination of zens who are sworn to determine the these. facts of a case. In a trial, they listen to testimony and consider evidence then reach Civil Law a verdict based on the facts presented. In a civil case, or lawsuit, an individ- In a civil trial, the jury will be asked to ual, a partnership, a corporation, etc., find or decide for the plaintiff or the may sue another for a variety of reasons. defendant. In a criminal case, the jury These lawsuits may seek monetary dam- must decide whether, under the applica- ages for such acts as breaking a contract, ble law, the accused is guilty or not guilty. injuries caused by a car accident, or for For criminal trials, a unanimous verdict other negligent or intentional miscon- is necessary to convict. duct by another party. The party who initiates the civil law- Grand Jury suit is usually called the plaintiff while A grand jury may be used to hear evi- the party who is sued is called the defen- dence in the initial stages of the most dant. serious criminal proceedings in state There are many ways civil lawsuits and federal courts, or to investigate and may proceed within the court. Often the report on certain topics. parties may settle the case before there is Grand juries in the Federal, District a trial. When a trial is held, a jury may of Columbia, and Maryland court sys- decide the result. In civil trials where no tems have up to 23 members, while jury is used, the judge will decide the those in the Virginia Court system have result. Each side in a civil lawsuit may or 7 members. The grand jury’s role is to may not have lawyers to represent them hear evidence presented by the prosecu- in court, but most do. It is very rare for tor, and issue indictments where it finds either the plaintiff or the defendant in a probable cause to believe that (1) a crime civil suit to be sent to jail. was committed and (2) the accused committed the crime. JURIES The grand jury rarely hears evidence Juries are a key part of the American from the defendant, and never from the judicial system. A jury may be defined as defense attorney. The proceedings of a a number of persons, selected from the grand jury are secret. While the rules citizens of the community, who are may vary from state to state, generally a sworn in a court of law to hear certain decision to issue an indictment requires a majority vote.

8 Jury Service serves on petit jury duty one day or one civil cases may be heard by the judge or, Prospective jurors, for both petit and trial each week for a period of two or at the request of any party, by a jury. grand juries, are selected to serve in the three weeks. In Arlington County, Members of a Circuit Court petit jury states or federal judicial districts where Virginia, a citizen who is summoned for are selected from a master list prepared they reside. Prospective jurors are select- jury duty is “on call” for approximately by jury commissioners appointed by the ed, by some courts, from voter registra- two weeks. circuit court. The master list is devel- tion lists. Other courts utilize driver Because the length of jury service oped by a random selection of citizens licenses, taxpayers’ lists, or some combi- varies from place to place, it is suggested residing in the city or county served by nation of these public lists. that you contact the court in the com- the court. Once a person is selected from these munity in which you live if you have lists, he or she can be “called” or sum- questions about their specific jury term moned for jury service. From this “pool” or jury service. of qualified citizens, a petit jury is select- District of Columbia ed through a process called voir dire. Unlike other state systems, a single At the beginning of a trial, prospec- pool for grand and petit jurors serves tive petit jurors are called into the court- both the D.C. Superior Court and the room and questioned by the judge and, U.S. District Court for the District of in some courts, also by the attorneys for Columbia. Jurors are selected from sev- each side. An attorney can object to the eral lists, including lists of taxpayers, selection of a juror on a specifically stat- registered voters, and a list from the ed ground that he or she feels will hinder Department of Motor Vehicles. the ability of the juror to be unbiased and objective. These objections are Maryland termed challenges for cause and can be Juries used in the Circuit Court are requested by an attorney for an unlimit- called petit juries. There are no jury tried number, but must be approved each als in the lower court, called the District time by the judge. Court rules may pro- Court of Maryland. For any type of case vide that each attorney also has a limit- in the District Court in which the law ed number of challenges to the selection allows a jury trial (such as civil cases in of a juror, which the attorney can which the monetary dispute is greater request without giving a specified rea- than $10,000 or criminal cases in which son. These objections are termed the defendant faces a lengthy jail sen- peremptory challenges and may vary in tence), a jury trial must be demanded number, according to the severity of the prior to the beginning of the trial. In this specific case the jury will hear. way, the case can be transferred from the Specific terms of jury duty differ District Court to the Circuit Court. from state to state and may vary within a state from county to county. Over the Virginia past several years, many jurisdictions In Virginia, jury trials are conducted have adopted One Day/One Trial Jury only in the Circuit Court. In criminal Service in which citizens called for petit cases in the Circuit Court, an accused jury serve for the length of one trial or who enters a plea of not guilty is entitled one day, whichever is longer. Prince to a jury trial. An accused may waive George’s and Montgomery Counties in his/her right to a jury trial with the per- Maryland and the District of Columbia mission of the court. In civil cases in the have one day/one trial jury service. In Circuit Court, most equity cases are the County of Fairfax, Virginia, a citizen heard by a judge without a jury. Other

9 THE DISTRICT OF COLUMBIA COURT SYSTEM

In the District of Columbia, cases involving civil disputes or violations of D. C. law are conducted in the state trial court, called the Superior Court of the District of Columbia. Appeals from the District of Columbia Superior Court are heard by the District of Columbia Court of Appeals.

In D. C. Superior Court, most adult criminal cases are prosecuted by the federal government. This means that for most criminal cases, the Office of the US. Attorney for the District of Columbia prosecutes the case. However, in cases involving juveniles or where the District of Columbia government is a party, the District is represented by the Office of the Attorney General of the District of Columbia.

DESCRIPTION OF THE one from doing something or to require COURTS the performance of some action). The Small Claims and Conciliation Branch District of Columbia deals with any monetary dispute involv- Superior Court ing a request for damages less than The D.C. Superior Court includes the $5,000. The Landlord and Tenant following major divisions: Civil, Branch decides cases where landlords Criminal, Family Court, Domestic sue for repossession of their property for Violence Unit, Probate, Tax, Social nonpayment of rent or other alleged Services, Special Operations, Multi- violations of leases. Door Dispute Resolution, and the Crime Victims Compensation Program. Criminal Division Most of these divisions are further Any criminal case in the D.C. Court divided into branches. System involving an adult is heard in the Criminal Division of the D.C. Superior Civil Division Court. This court division is also divid- The Civil Division of the D.C. ed into several branches that handle Superior Court hears many types of civil felonies, serious misdemeanors, traffic cases (but not family matters) and is matters, or special proceedings concern- divided into four branches dealing with ing such matters as fugitive cases, men- the processing of different types of civil tal competency hearings, special writs, cases: the Civil Actions Branch, the and warrants, as well as motions to seal Quality Review Branch, the Landlord arrest records. and Tenant Branch and the Small The Criminal Division of the Claims and Conciliation Branch. The Superior Court also hears cases involv- Civil Actions Branch is responsible for ing major violations of city ordinances all civil cases with a monetary dispute of and serious criminal traffic offenses, greater than $5,000. such as reckless or drunk driving. The Civil Action Branch also hears In the District of Columbia, most cases requesting injunctive relief (mean- minor traffic violations are handled by ing that you are requesting that the adjudicative services at the D.C. Court enter an order to prevent some- Department of Motor Vehicles.

10 Family Court The Counsel for Child Abuse and Rehabilitation Services, the Social The Family Court of the D.C. Neglect (CCAN) Branch administers Services Division is responsible for pro- Superior Court covers a wide range of available legal services for child abuse viding the appropriate juvenile social family-related matters, including cases and neglect cases, maintains a list of services. The goal of the Division is to involving child abuse and neglect, juve- attorneys available to represent children, assist in the rehabilitation of youth niles, domestic relations, domestic vio- parents, and caretakers in child abuse through social services and probation lence, paternity and support, mental and neglect cases, and provides training supervision. health and retardation and adoptions. for these attorneys. The CCAN office Juvenile Intake Services deals with can also help determine whether adults The Family Court has six branches: delinquency cases during the time peri- are financially eligible to receive a court- the Domestic Relations Branch, the od from arrest until the first court appointed attorney. Juvenile and Neglect Branch, the appearance. Paternity and Child Support Branch, the The Mental Health and Mental The Juvenile Drug Court is a full sub- Marriage Bureau Branch, the Mental Retardation Branch deals with matters stance abuse treatment program which Health and Mental Retardation Branch, of hospitalization, continued treatment, includes the judge, defense attorneys, and the Counsel for Child Abuse and and ongoing care of persons with men- probation officers, case managers, fami- Neglect Branch. tal illness, mental retardation, or per- lies, and others in the treatment process. sons in need of mental health services. The Family Court Self-Help Center The goal of the eight to twelve month provides people who do not have an The Paternity and Child Support program is to promote healthy living attorney with free general legal informa- Branch handles cases seeking paternity choices for non-violent juveniles with tion in family law issues such as divorce, and child support. substance abuse problems and for their custody, visitation, and child support. The Juvenile and Neglect Branch families. The Center cannot provide legal advice, processes cases involving matters of The Juvenile Diagnostic and nor can it represent anyone in court, but juvenile delinquency and child abuse Probation Supervision Branch consists it can provide information related to and neglect. of Juvenile Diagnostic Teams which your legal rights, obligations, and The Family Treatment Court is a spe- work together with judges and juvenile options; they can help you decide which cial joint program that provides moth- offenders to evaluate and recommend paperwork is most appropriate and how ers and female caretakers whose chil- the most suitable services and decision to complete the necessary forms; explain dren are the subject of a child neglect (called disposition in juvenile cases) for the court process and what you can case with substance abuse treatment. each individual’s circumstances. The expect in court; and the office can refer This twelve month program is residen- Juvenile Diagnostic Teams also provide you to other clinics and programs that tial and is court supervised, voluntary, individual and family counseling and may be able to provide additional assis- and comprehensive in its approach, pro- other related services for juveniles who tance and resources. viding services for affected children as are under the court’s supervision prior The Family Court Central Intake well as treatment for the mother/ care- to receiving a ruling, or disposition, Center (CIC) is the main location for fil- taker. from the judge. These services are pro- ing most family court cases and claims vided so that juvenile offenders and their (except marriage licenses and applica- Social Services Division families can improve their quality of tions, which are handled by the The Social Services Division of the family life and work towards a responsi- Marriage Bureau Branch). The CIC also Family Court administers the juvenile ble role in their community. provides information to the public probation system for the District of Domestic Violence Unit regarding family court cases. Columbia, provides court supervision, The Domestic Violence Unit hears The Domestic Relations Branch han- and court-supervised alternatives to cases in which one person is seeking a dles case filings submitted to the CIC incarceration. Additionally, the Social protection order against someone who which are related to divorce, annulment, Services Division provides supportive is related to them by blood, legal cus- legal separation, custody, visitation, social services to youth within the court tody, marriage, having a child in com- standby guardianship, foreign judg- system. From the time a juvenile first mon, past or present romantic relation- ments, and subpoenas, adoption, and ter- comes in contact with the court until ship, or a person with whom they have mination of parental rights. he/she completes probation or is committed to the D.C. Department of Youth lived. The Domestic Violence Unit also

11 hears cases involving violations of pro- Typically, unless a person brings a tection orders and all misdemeanor particular concern to the court’s atten- criminal cases involving an intrafamily tion, estates in the District of Columbia offense. Judges in the Domestic Violence are “unsupervised,” which means that Unit may also hear related divorce, cus- the court does not have a role unless it is tody, visitation, paternity and support notified of a problem. In estates that are cases involving the same parties, and supervised by the court, the Register of some related civil actions. The Court Wills works to ensure that all transfers of runs two Domestic Violence Intake property adhere to the District of Centers, which offers resources for those Columbia Code and the Superior Court seeking protection orders. There are no Rules. filing fees for the Domestic Violence As the name suggests, the Small Unit. Estates Branch of the Probate and Tax Division is responsible for assisting citi- Crime Victims zens in handling estates of persons dying Compensation Program with assets generally less than $40,000. The Crime Victims Compensation The Interventions and Trusts Branch Program was created to help innocent handles administrative support for victims of violent crime and their fami- estates of incapacitated adults, trusts lies to cope with crime-related expenses subject to court supervision and other and personal issues such as funeral and fiduciary proceedings. burial costs, medical and mental health costs, lost wages, loss of support and Several other administrative units services, clean up of a crime scene and, also exist within the Probate and Tax for victims of domestic violence, the Division. cost of temporary shelter. A “victim advocate” can also help crime victims Special Operations Division receive assistance in filing paperwork, The Special Operations Division of obtaining additional services, finding the D.C. Superior Court is responsible support groups or counselors and han- for the operations of the Juror Office, dling other victim-related issues. the Office of Court Interpreting Services, the Appeals Coordinator’s Probate and Tax Division Office, the Child Care Center, and the Under the overall administrative Judge-In-Chambers. During normal direction of the Register of Wills, who court business hours, a judge is always serves as Clerk of the Probate and Tax on duty as the Judge-In-Chambers to Division, this division of the D.C. handle any emergency matters that may Superior Court supervises the adminis- arise. tration of estates of deceased persons, The Juror Office manages juror serv- minors, adults in need of protection, ices and processes jurors under the one certain trusts, receiverships for individu- trial/one day jury service, obtaining als, and assignments for the benefit of information relative to the size of the creditors. The Register of Wills is panels, and randomly selecting and dis- charged by law with the responsibility of persing petit juror panels to the court- protecting the rights of all persons who rooms. This division also selects and may be interested in the administration swears in grand jurors. of a decedent’s estate, whether as heirs, beneficiaries under wills, creditors, or debtors.

12 The Office of Court Interpreting Services either provides, or assists parties seeking to contract for, foreign language, sign language, or other language interpreters for court proceedings as mandated by local and federal law. The Appeals Coordinator’s Office is responsible for the coordination of filings of trial court records in appeals to the D.C. Court of Appeals. The Child Care Center provides child DISTRICT OF care supervision and educational services to the children of jurors, witnesses, COLUMBIA COURT defendants, and plaintiffs. Child care SYSTEM services are provided at no charge to parents and guardians engaged in court business. DISTRICT OF COLUMBIA Multi-Door Dispute Resolution COURT OF APPEALS Division (Court of Last Resort) 9 Judges The Multi-Door Dispute Resolution Division of the D.C. Superior Court provides a variety of methods to assist D.C. residents in resolving their dispute either prior to or following the filing of DISTRICT OF an official court case through mediation, COLUMBIA SUPERIOR COURT arbitration, case evaluation, and conciliation. Programs for mediation and arbi- (Trial Court of General Jurisdiction) tration of domestic relations disputes also exist. 59 Judges and 24 Magistrate Judges DISTRICT OF COLUMBIA COURT OF APPEALS Similar to a state Supreme Court, the D.C. Court of Appeals is the highest court for the District of Columbia. The majority of the D.C. Court of Appeals cases are appeals from the D.C. Superior Court. The court also may review cases from the D.C. Office of Administrative Hearings, D.C. administrative agencies, boards and commissions of the D.C. government, and mayoral orders and administrative rulings.

13 MARYLAND COURT SYSTEM

Maryland’s trial courts of limited jurisdiction are the District Court and the Orphan’s Court. There are 24 District Courts–one in each of the state’s 23 counties and one in Baltimore City. There are also 24 Orphan’s Courts. The Circuit Courts, located in each of the 24 jurisdictions, are the courts of general jurisdiction. In Maryland, criminal trials are prosecuted by the “State’s Attorney.” The Court of Special Appeals is the intermediate appellate court in Maryland, and the Court of Appeals is the highest court in the state. Geographically, there are seven appellate circuits and eight judicial circuits in the state.

DESCRIPTION OF THE Maryland law does not provide for COURTS jury trials in the District Court. If a person who has the right to a jury trial District Court requests a jury trial, the case must be Maryland District Courts have exclu- heard by the Circuit Court. There are sive jurisdiction over all civil claims separate District Courts for involving disputes over amounts up to Montgomery County (District 6) and $2,500. In civil cases involving amounts Prince George’s County (District 5). In between $5,000 and $25,000, the Montgomery County the District Court, District Courts and Circuit Courts share instead of the Circuit Court, hears juve- jurisdiction (called concurrent jurisdic- nile cases. tion). Landlord-tenant cases, motor vehicle violations, replevin actions,crim- Orphan’s Court inal cases classified as misdemeanors, The Orphan’s Court handles wills, some felonies (such as felony theft cases estates, and other probate matters, as where no jury trial is requested), and well as some matters involving small claims cases (those involving guardianship of minors and their prop- $5,000 or less) are heard in the District erty. There are twenty four Orphan’s Court. The District Courts of Maryland Courts in Maryland: one for each of the also hear bail and preliminary hearings 23 counties plus Baltimore City. There for any crime charged in Maryland. are three judges who sit on the Orphans’ The District Court also presides over Court in Baltimore City and in each of a significant number of criminal misde- the counties, with the exception of meanors cases and some felonies, viola- Harford County and Montgomery tions concerning motor vehicles, includ- County, where circuit court judges sit as ing driving under the influence of alco- judges of the Orphans’ Court. hol (DUI) and driving on a revoked and/or suspended license, which are jail- able offenses. Most of the cases considered by the District Court are traffic matters and landlord/tenant disputes.

14 Circuit Court The Circuit Court hears criminal, juvenile (except in Montgomery County) civil cases, and appeals from the District Court. The Circuit Court also hears cases (civil or criminal) in which one of the parties has requested a jury trial. Civil cases filed usually involve child custody, divorce issues, and all civil disputes in which the amount being sought MARYLAND exceeds $25,000. The Circuit Court also COURT SYSTEM shares jurisdiction with the District Court in disputes between $5,000 and $25,000. Criminal cases heard in the Circuit Courts are the more serious felony offenses. MARYLAND STATE The Circuit Courts hear cases that are COURT OF APPEALS appealed from the District Court (civil (Court of Last Resort) and criminal) and from administrative 7 Judges agencies.

Court of Special Appeals The Court of Special Appeals, located COURT OF in Annapolis, the state capital, hears SPECIAL APPEALS appeals from the Circuit Courts. (Intermediate Generally, the Court of Special Appeals Appellate Court) handles any appeal from a circuit court 13 Judges or an orphans’ court, except for appeals in criminal cases in which the defendant has been sentenced to death. Judges on this court usually sit in panels of three to consider and decide cases. Under special CIRCUIT COURTS circumstances, all 13 judges on the (Trial Courts of General Court of Special Appeals will listen to a Jurisdiction) case together. When this occurs it is 261 Judges referred to as an en banc hearing. 8 Circuits

Court of Appeals The Court of Appeals, Maryland’s highest court, also is located in Annapolis. The Court’s seven judges DISTRICT COURT ORPHAN’S COURT hear appeals from the Court of Special (Limited Jursidiction) (Limited Jurisdiction) Appeals, although they may also decide 23 Districts and 23 Counties + to review an appeal directly from a Baltimore City Baltimore City Circuit Court. 107 Judges 66 Judges

15 THE VIRGINIA COURT SYSTEM

Virginia has 32 District Courts, which are the trial courts of limited jurisdiction. They are divided into general district courts, juvenile and domestic relations courts, and combined district courts. There are 31 Circuit Courts spread across the Commonwealth. These are the trial courts of general jurisdiction. In Virginia, criminal trials are prosecuted by the “Commonwealth’s Attorney.”

The two highest courts in Virginia are located in Richmond, the state capital. The Court of Appeals is an intermediate appellate court and the Supreme Court is the highest state court.

DESCRIPTION OF THE Juvenile and Domestic Relations COURTS District Court The Juvenile and Domestic Relations District Court District Court hears cases involving In most parts of Virginia, the District delinquency, juvenile traffic violations, Court is separated into two parts, the children in need of services and/or super- general district court, and the juve- vision, and children who may have been nile/domestic relations court. The City abused or neglected. This court also lis- of Falls Church has a Combined District tens to cases involving adults accused of Court (District 17), which handles the child abuse or other offenses or abuse functions of both a general district court against members of their own family and a juvenile/domestic relations court. (except murder), as well as cases involv- There are no jury trials in District ing child support, visitation, parental Courts in Virginia. rights and custody disputes. In addition, this court sometimes hears cases involv- General District Court ing abandoned children, foster care and The General District Court hears civil entrustment agreements, court-ordered cases where the amount in dispute is up rehabilitation services, and court con- to $15,000. In Virginia, the District and sent for certain medical treatments. Circuit Courts share authority, or have concurrent jurisdiction, over cases There are Juvenile and Domestic involving amounts between $4,500 and Relations District Courts in each city $15,000. General district courts may also and county in Virginia. hear cases involving unlawful detainer Circuit Court suits (also called eviction suits), even if the amount of rent requested exceeds The Circuit Court hears civil and $15,000. In criminal cases, the General criminal cases, and all appeals from District Court listens to misdemeanors, lower courts. The Circuit Court hears all including Driving-While-Intoxicated equity matters, such as divorce cases, dis- (DWI) cases, holds preliminary hearings putes concerning wills and estates, and in felony cases, and conducts civil invol- controversies involving property. The untary mental commitment hearings. Circuit Courts have exclusive original jurisdiction over monetary claims There are General District Courts in exceeding $15,000. each city and county in the state of Virginia.

16 In criminal matters, the Circuit Court warrants. One of the principal duties of hears all felonies and offenses that may a magistrate is conducting bond hear- be punished by commitment to the state ings to set bail when a person has been penitentiary. This court also hears charged with a criminal offense. A mag- appeals from General District Courts istrate may also accept prepayments for (civil and criminal) and from Juvenile traffic infractions and minor misde- and Domestic Relations District Courts. meanors. Appeals from these courts are heard de novo, meaning that they are tried from the beginning as though there had been no prior trial. Circuit Courts may also listen to appeals from administrative agencies. VIRGINIA COURT There are Circuit Courts in each city and county in Virginia. SYSTEM

Court of Appeals The Court of Appeals determines appeals in domestic relations cases and SUPREME COURT in criminal matters other than capital OF VIRGINIA crimes, meaning those subject to the (Court of Last Resort) death penalty. It also hears appeals from 7 Justices decisions made by administrative agencies. The Court consists of 11 judges, who listen to cases in panels of at least three judges per case. COURT OF APPEALS (Intermediate Supreme Court Appellate Court) The Supreme Court reviews decisions 11 Judges from lower courts when appeals have been allowed. In addition, it hears appeals from judgments and findings of the State Corporation Commission. The CIRCUIT COURTS Supreme Court may choose to hear an (Trial Courts of appeal directly from the Circuit Court or General Jurisdiction) administrative agencies. The Supreme 31 Circuits Court consists of seven justices. 122 Courts Magistrates Many times, a person’s first contact with the judicial system of the Commonwealth comes through the GENERAL JUVENILE & office of the Magistrate. The main func- DISTRICT COURTS DOMESTIC RELATIONS DISTRICT COURTS tion of the magistrate is to provide an (Limited Civil/Criminal unbiased review of complaints brought Jurisdiction) (Limited Civil/Criminal Jurisdiction) to the office by police officers, sheriffs, Courts in all 32 Districts deputies, and citizens. Courts in all 32 Districts The duties of a magistrate include issuing various types of processes such as arrest warrants, summonses, bonds, search warrants, subpoenas, and civil MAGISTRATES

17 THE FEDERAL COURT SYSTEM

The United States District Courts are the federal trial courts for most matters. There are also specialized federal trial courts that consider specific types of cases, such as bankruptcy, tax claims, international trade, and certain claims against the federal government and its agencies.

Federal cases are tried in U.S. District Courts. If appealed, cases go from the District Courts to the Circuit Courts of Appeals. The last appeal for a federal case is to the United States Supreme Court.

DESCRIPTION OF THE the parties. If there is a jury, the jury COURTS determines the facts of the case; otherwise, the facts are determined by the General Structure judge based on the testimony and other Federal courts hear all cases that arise evidence. under federal law. Federal law covers There are 94 federal districts in the such matters as antitrust, labor relations, United States and its territories, includ- income taxes, bankruptcy, social securi- ing at least one district in each state, the ty, and civil rights. Federal courts also District of Columbia, and Puerto Rico. hear cases involving the U.S. Appeals from the District Courts are Constitution or treaties, disputes heard by the U.S. Court of Appeals for between two states, or cases in which the the federal Circuit in which the District United States is a party. Court is located. In addition, a case may be heard in Bankruptcy courts are separate from federal court if the plaintiff and defen- U.S. District Courts, but each of the 94 dant are from different states (including federal districts handles bankruptcy fil- the District of Columbia, even though it ings. is not a state) and the amount being sought by the plaintiff is more than U.S. Circuit Court of Appeals $75,000. This is called diversity jurisdic- The United States is divided geo- tion, and was designed to allow a citizen graphically into 13 circuits, including of one state to avoid being subject to the one just for the District of Columbia, biases of a court in a different state by with one court of appeals in each circuit. having the case heard in a neutral feder- These courts hear appeals from U.S. al court. Like state systems, the federal District Courts located in the same cir- court system is divided into district cuit and from federal administrative courts, appellate courts, and a court of agencies, which conduct their own hear- last resort. ings. Additionally, there is a Court of Appeals for the Federal Circuit, located U.S. District Court in Washington, D.C., which hears In a U.S. District Court case, a judge appeals in patent cases, certain interna- sits with or without a jury, depending on tional trade cases, and some cases the nature of the case and the wishes of involving damage claims against the United States.

18 The federal Circuit Courts of Appeals FEDERAL COURTS IN THE review the transcript of the proceedings, WASHINGTON, D.C., including the trial conducted in the METROPOLITAN AREA District Court, as well as legal briefs, and decides if the trial judge applied the law District of Columbia correctly and fairly. Usually, three appel- There are several federal courts locat- late judges sit on a panel, and at least two ed in the District of Columbia, which must agree for a decision to be reached. have the same general jurisdiction as fed- On rare occasions, the Circuit Court will eral courts throughout the United agree to hear an appeal en banc, meaning States. The most prominent of these are that all the judges on the court will hear the U.S. District Court for the District of the appeal, rather than the usual panel of Columbia, which has jurisdiction over FEDERAL COURT three judges. both civil and criminal cases; the U.S. SYSTEM Court of Appeals for the District of U.S. Supreme Court Columbia Circuit; the U.S. Court of The Supreme Court of the United Appeals for the Federal Circuit; and the States, consisting of the Chief Justice U.S. Supreme Court. U.S. SUPREME COURT and eight Associate Justices, hears a lim- Other federal courts in D.C. include (Court of Last Resort) ited number of appeals from the federal the U.S. Claims Court, which hears 9 Justices Courts of Appeals and from the highest claims against the United States; the U.S. state courts. Except in very rare cases, Bankruptcy Court for the District of the Supreme Court has the choice or Columbia; the U.S. Tax Court; and the discretion to review and select which U.S. Court of Military Appeals. cases it will hear. Those who wish to appeal a lower court ruling will file a U.S. COURT Maryland OF APPEALS writ of certiorari (Latin for “to be The U.S. District Court for the informed”) with the Clerk of the U.S. (Intermediate Appellate District of Maryland, which serves the Court) Supreme Court. entire state of Maryland, is located in 13 Federal Circuits The writ seeks to persuade the Court Baltimore. There is also a division of this that the appeal should be heard because court located in Greenbelt, Maryland. the trial and appellate courts previously hearing the case did not properly and Virginia fairly apply the law, or that there was an The U.S. District Court for the error in the trial’s procedure. Eastern District of Virginia, which U.S. DISTRICT COURT Cases accepted by the Supreme Court serves the Northern Virginia suburbs, (Trial Court of General Jurisdiction) generally involve new or unresolved has four divisions: Alexandria, Newport questions of federal law affecting people News, Norfolk, and Richmond. The U.S. 94 Federal Districts throughout the country, interpretations Court of Appeals for the Fourth Circuit, of federal statutes, or the federal which serves Maryland, Virginia, West Constitution. Virginia, North Carolina, and South Carolina, is based in Richmond.

19 CIVIL ACTION

In a civil court case, an individual, corporation, partnership or some other legal entity brings a lawsuit against another individual or legal entity. Usually each party in a civil case is represented by an attorney. The party who begins a civil case is the “plaintiff” and the party against whom the case is brought is called the “defendant.” Although an actual civil trial is very similar to a criminal trial, the events prior to trial are different.

DESCRIPTION OF A sations made by the plaintiff. The defen- TYPICAL CIVIL CASE dant may also include within the answer a counterclaim against the plaintiff,to Pleadings which the plaintiff must then reply. The summons and complaint are the legal documents that start a lawsuit. Third-Party Defendant These documents, along with the defen- Additionally, the defendant can make dant's answer, are called the pleadings. a cross-claim against another defendant, All pleadings are filed with the particu- or a third-party claim against someone lar court that is being asked to decide the who is not already in the case. This can civil case. occur if the defendant believes that someone else is responsible for the Summons and Complaint plaintiff's damages. A lawsuit begins when one party, the The third party must then answer and plaintiff has served a summons and/or make cross-claims or counterclaims. complaint on the defendant. The summons informs the defendant that a law- Discovery suit has been filed. A summons will also say what court the suit was filed in, and General Information tell how many days the defendant has to After the pleadings are filed in a civil respond to the complaint. case, discovery usually is undertaken by In a civil case the complaint lays out each side to the dispute. The purpose of the facts to show that the defendant discovery is to prepare a case in the most wronged the plaintiff and states the legal thorough and informed manner possi- reason why the plaintiff is entitled to ble. Each party may seek to obtain as recovery. The complaint must be filed in much information as is practical, which a court that has jurisdiction over the avoids surprises during trial. particular type of case. A copy of the The party from whom discovery is complaint must be delivered or served to sought has the right to object to produc- the defendant. ing the information requested. This is done by stating to the party seeking dis- Answer covery, in writing, the nature of and The defendant must provide the court grounds for the objections. The party with an answer, which responds to the seeking discovery may ask the court to major accusations made in the com- require that the information be pro- plaint and their validity. The answer may duced, but the court may decide not to include denials or defenses to the accu- demand the information.

20 Disclosure may be accomplished by Motions lengthy and costly trials and courtroom various means, depending on the nature After the initial pleadings are filed, the litigation. Resolving disputes out of of the evidence sought. The mechanisms parties may file motions requesting that court can cut the cost and delay of law- for discovery include depositions, inter- the court order that something be done suits and can resolve disputes in a way rogatories, and demands for documents or not be done (for example, case dis- that can be less hostile. People can or other physical evidence. missal). choose to use these methods before or after starting formal court actions. The Depositions and Affidavits Trial collective name given to these tech- A deposition is the oral testimony, If the case is not disposed of during niques of avoiding litigation is under oath, of a person with knowledge the pre-trial stages, a trial date will be Alternative Dispute Resolution,or ADR. of the facts of the case. The person may set. In certain types of civil cases, the or may not eventually be called to testify parties have a right to a jury trial. If that ADR Programs as a witness at trial. The deposition is right exists, the first step is the selection Some examples of ADR processes generally taken at the offices of one of of the jury. In a jury trial, the jury deter- include: mediation, community confer- the attorneys. Usually present are the mines the facts while the judge deter- encing, arbitration, settlement confer- deposition witness, the attorneys for both mines the law. If neither party demands ences, early neutral case evaluation, and sides, and a “reporter.” a jury or if the case is one in which there consensus building. The reporter prepares a word-for- is no right to a jury trial, the judge Cases are often resolved quickly word transcript of the questions asked decides issues of fact and applies the law. through ADR and parties are often satis- by the attorneys and the responses given A civil trial is similar to a criminal fied with the process and outcome. It is by the witness.A deposition preserves the trial except that it might not have a jury. still a good idea to have a lawyer look at testimony of a witness so that if he or she First, the plaintiff presents its case using any agreement that results from ADR, is unable to give testimony in court, the witness testimony and evidence, and then especially if no lawyer was involved in deposition may be entered into evidence the defendant has an opportunity to the process. at trial. present opposing evidence. ADR is used in many commercial, In pre-trial proceedings, written affi- The attorneys directly examine their labor law, family, and community dis- davits frequently are taken, which state own witnesses and cross-examine the putes between businesses, individuals, facts important to the proceedings. witnesses called by the other side. The and governments. Many schools also These affidavits are sworn by the persons plaintiff in a civil case has to prove his have conflict resolution programs to making them and may provide useful case using a legal principal the law calls resolve arguments between students or, information about the lawsuit. However, a preponderance of the evidence.In a sometimes, between students and teach- unlike depositions, affidavits are not criminal case the prosecution must ers. Several dispute resolution tech- admissible at trial. prove guilt beyond a reasonable doubt,a niques are explained below. In addition much higher standard. to these, a Summary Jury Trial—an Interrogatories abbreviated trial involving a panel of six Interrogatories are written questions SETTLING DISPUTES jurors who render an advisory, non- prepared by one party and served upon OUT OF COURT binding decision—is being employed in the other party, who must prepare writ- some courts. ten answers. General Introduction The best known alternative to litiga- Arbitration Demand for Physical Evidence tion is negotiation, which has existed for One technique used to resolve dis- A party who wants to examine physi- centuries. The two sides simply sit down putes without going to court is arbitra- cal evidence or documents may request and discuss their disagreement and tion. Often, two companies or individu- that such evidence be produced for dis- work the problem out. People negotiate als who sign a contract will agree that covery and inspection. Requests for all the time—any bargain and any joint any dispute that arises out of the con- physical or mental examinations may decision usually involves negotiation. tract will be decided by a neutral arbi- also be made by the attorneys. In recent years, there has been a trator. A baseball umpire is a good growing interest in alternatives to example of an arbitrator: the players

21 may not always like the umpire’s deci- taken directly to the Family Mediation to refer certain civil matters to a dispute sion, but they agree with the rules of the Program. Commonly, civil and small resolution orientation session, which is game and usually accept the decision. claims issues are filed with the Court an informational meeting to allow both Arbitration may also be part of a formal before participating in mediation. parties to learn about mediation and trial court program of alternative dispute For more information, call the consider the possibility and appropri- resolution. Multi-Door Dispute Resolution ateness of their case for the mediation Division at (202) 879-1549, visit their process. Mediation office, or go to their website at: It is possible to opt out of the orien- Mediation, another ADR technique, is www.dccourts.gov/dccourts/superior/m tation session, and it is free. Also, even if used when the parties agree that some- ulti/. parties participate in the orientation ses- one might help them resolve their con- sion, they can choose not to pursue an flict. The parties and their lawyers typi- ADR Programs in Maryland ADR-facilitated resolution to their case. cally meet with a neutral party who is The Maryland Mediation and Many, but not all courts in Virginia offer trained to assist them in settling their Conflict Resolution Office (MACRO) is ADR processes. dispute. Mediation differs from arbitra- an agency which works closely with the tion in that the arbitrator has the The Office of the Executive Secretary court system to provide ADR resources of the Supreme Court of Virginia awards authority to actually make a decision, for the state. MACRO, together with while the mediator does not. mediation contracts to mediators Maryland Courts, encourages innova- around the state. Mediation contracts The parties involved in the dispute tive dispute resolution programs and have been successful at introducing choose how much power to give to the works to promote the appropriate use of mediation to the courts, encouraging mediator or dispute resolver and often ADR in every field. ADR processes are judges to refer appropriate cases to a dis- choose who that person will be. available in most of Maryland’s courts. pute resolution orientation session, and Mediation allows parties to participate All Maryland Circuit Courts have providing no-cost mediation services to in drafting the agreement to resolve the family mediation programs for custody users of the Virginia court system. dispute. In mediation, usually no agree- and visitation cases. ment is reached unless all parties agree. Many courts in the Virginia court sys- Additionally, some Circuit Courts tem run successful and innovative ADR ADR Programs in DC also have mediation programs for mari- programs. For more information about The District of Columbia has a wide tal property issues in divorce cases as ADR programs in your local court, con- range of voluntary ADR options avail- well as certain other kinds of civil cases, tact the court directly or the able. As mentioned previously, the D.C. such as contract cases, personal injury Department of Dispute Resolution Superior Court includes the Multi-Door cases, and employment cases. Services at 804-371-6064 or visit their Dispute Resolution Division. Its goal is Maryland District Courts offer alter- website at www.courts.state.va.us/drs/. to assist parties to reach agreements that native dispute resolution programs for meet their interests, preserve relation- cases filed in that court, and all pro- ships, and help them to save time and grams are free to participants. money. Multi-Door mediators and dis- Information about the availability of pute resolution specialists can provide ADR services, both within and beyond ADR services in a wide range of cases, the courts is available from MACRO at including civil, small claims, family, pro- 410-841-2260 or its website, www.mary- bate, tax assessment, landlord and ten- landmacro.org. ant, and child protection. Any resident of the District of ADR Programs in Virginia Columbia, whether or not they have The Department of Dispute filed a case with the Superior Court, is Resolution Services is Virginia’s central- eligible to Multi-Door’s services free of ized dispute resolution resource office charge. Any dispute may be taken to the and is part of the Virginia Judicial Community Information and Referral Branch. Mediation is not mandatory in Program, and family disputes should be Virginia, but state law authorizes judges

22 CRIMINAL ACTION

When a crime is committed, not only is the victim harmed, but the community is harmed. Therefore, in criminal cases, the government brings the charges against the accused, and an attorney representing the government prosecutes the case. In Maryland and Virginia, the prosecutor is a member of the local District Attorney’s office. In the District of Columbia, an Assistant U.S. Attorney or an Assistant DC Attorney General prosecutes the case. A private citizen may be involved in a criminal case in a number of ways— as the victim of a crime, in which case he/she will play a key part in the prosecution; as a witness called by either the defense or the prosecution to testify during a criminal trial; or as a juror. Defendants in criminal cases have many important rights guaranteed them by the U.S. Constitution. Not the least of these rights is the presumption that they are innocent until their guilt is either admitted or proven beyond a reasonable doubt in a court of law. In a criminal case, the defendant also has the constitutional right to representation by an attorney. Defendants may hire their own private attorneys or, if a defendant lacks the financial ability to hire a private attorney, the judge will appoint one with no cost to the defendant.

CRIMINAL PROCEDURE Arrest In the state and federal criminal jus- The criminal justice process usually tice systems there is a prescribed process begins when a person is arrested because criminal cases go through from the time there is reason to believe that a crime has of arrest to the time of sentencing. This been committed, or because a warrant process can be divided into five stages: has been previously issued ordering the arrest, formal accusation, arraignment, person’s arrest. A warrant also can be trial, and sentencing. At many points issued following an indictment by a during this process a criminal case can grand jury or an information, which is a be dismissed or settled (what is called charging document filed by the prose- plea bargaining). cuting attorney that alleges wrongdoing. Because many defendants agree to In some cases, where only minor vio- plead guilty before trial, only a small lations or misdemeanors are charged, the percentage of criminal cases actually are accused will be released from the police tried in court before a judge and jury. precinct after being issued a citation release specifying the date and the time Arrest Procedure to appear in a designated court. For The arrest procedure involves the for- more serious crimes, the accused will be mal arrest, the booking and the prepara- brought to a holding facility (local tion of the charging document. police station, precinct house, or courthouse, depending upon the area) to be processed.

23 Booking third party’s custody. At this hearing the The accused is fingerprinted during judge also will make sure that the defen- the booking process and an attempt is dant has legal counsel. If the defendant made to determine the individual’s true cannot afford counsel, the judge will identity and criminal history. During appoint an attorney to represent the the time it takes to obtain the criminal accused during all proceedings related to history, the individual may be inter- the charge(s). viewed about such things as employment, family, address, and other roots in Preliminary Hearing the community. This information, along When a felony complaint is filed with with the criminal record, is later made the court, a judge has an opportunity to available to the judge and the attorneys decide whether or not there is “probable for use at the defendant’s initial appear- cause” to believe that the accused com- ance and bail hearing before a court. mitted the crime. If the judge decides that there is no probable cause, the Complaint charges will be dropped. Otherwise, A complaint or an information, are the where the case involves a serious crime, legal documents informing the defen- a grand jury will be asked to decide if dant of the charges that have been filed there is sufficient evidence to bring the against him or her. The factual basis for defendant to trial. If the accused waives the complaint is provided, under oath, the right to a preliminary hearing, the by the arresting police officer based on case will go directly to the grand jury. information from the complaining witness. Indictment An indictment, the formal accusation Initial Appearance or charge, is made by the grand jury in After the complaint,or information felony cases. The grand jury is a group of has been drafted based upon the prose- citizens who hear evidence from the cutor’s decision to file charges against the prosecution and decide whether there is accused, the complaint or information is probable cause to believe that a crime has sent to the arraignment section of the been committed and that there is proba- court. The accused then appears before ble cause to believe that the accused the court for the first time. This initial committed the crime. The grand jury appearance may have different names in proceedings are secret and only the different jurisdictions. But, during this prosecuting attorney is allowed to pres- stage, the accused is called before a judge ent evidence. or magistrate and formally advised of If the grand jury believes that there is the charges. Also, during this initial probable cause that a person committed appearance, the judge determines the crime, it returns an indictment. If the whether or not to release the accused grand jury finds that there is insufficient pending trial or the disposition of the evidence to charge a person, it may charge(s). choose not to return an indictment. If If the judge decides not to detain the an indictment is returned, the defendant accused, the defendant is released either will be arraigned in the appropriate on bail (“collateral” paid by the defen- court, depending on the seriousness of dant to the court to insure the defen- the charge. dant’s appearance at the trial, when the If the grand jury concludes that the money or property will be returned), or felony charges are not justified, the pros- on his/her own recognizance (Release on ecutor still can decide that misdemeanor Own Recognizance-ROR), or to some charges should be brought. The prosecu-

24 tor will issue an information rather than requesting that it be held. This hearing Depending upon the state or federal an indictment. The prosecutor may sim- generally is conducted prior to the trial law violation, there is a range of sen- ply file it with the court, and the judge and is known as a pre-trial -hearing. tences for felonies and misdemeanors. will rule on the ability of the prosecu- The most common pre-trial motions The judge determines the appropriate tion to bring the case to trial. concern questions about whether cer- sentence after hearing from the prose- tain evidence should be kept out of the cutor, the defense attorney, the defen- Arraignment trial. Unconstitutionally obtained evi- dant, and sometimes the crime victim Arraignment proceedings occur in dence may not be considered at the trial and, after considering a pre-sentence criminal court after the grand jury issues by the judge or the jury. Therefore, when investigation report. The judge is under an indictment. The accused is formally the defense attorney believes that evi- no obligation to follow the recommen- informed of the charges and asked to dence to be used against the defendant dations of the report. enter a plea—guilty or not guilty. The was illegally obtained, the attorney will If a defendant who is convicted of a accused also may plead nolo contendere, file a motion asking the judge to keep felony has one or more prior felony con- which has a very similar legal effect as a that evidence out of the trial. Attorneys victions, or if the conviction is for cer- guilty plea. If the defendant pleads not for both sides may make motions seek- tain crimes, state and federal laws often guilty at arraignment, the judge will ing some legal remedy or clarification provide for mandatory minimum decide whether to place the defendant in prior to, during, and after the trial. prison sentences of varying lengths. detention until trial, or to release the These sentences depend on the serious- defendant on bail or personal recogni- Trial ness of the crime and the defendant’s zance. If the case is not dismissed or prior criminal record. In many cases the prosecutor will resolved during the pre-trial stages and offer the defendant the opportunity to the defendant does not plead guilty, the plead guilty to a less serious criminal case will go to trial. Depending on the charge. This practice, known as “plea charge and the wishes of the defendant, bargaining,” has developed partly in the trial may be heard by a jury or by a response to the practical problems of judge without a jury. prosecuting large numbers of cases. The A jury is selected according to the voir defendant pleading guilty must do so dire process, as explained in the previous voluntarily and the judge must inter- section on jury service. The jury hears view the defendant in open court and on the facts of the case and examines the the record, to determine whether the evidence and must decide whether or plea is voluntary. not the facts support a conclusion that The court usually schedules a pre- the defendant committed the crime. In a trial conference or status hearing to be criminal case the jury must unanimous- held with the judge, defense attorney, ly agree that the defendant is guilty of and prosecutor present. Prior to this con- the charge beyond a reasonable doubt. ference, the parties can engage in plea bargaining, or the prosecutor could Sentencing decide to dismiss the charge(s). If a If the judge or jury reaches a verdict of negotiated outcome cannot be reached, guilty, or if the defendant has pleaded the case is assigned a trial date. guilty to the charge, the defendant will be sentenced. A defendant who is convicted Pre-Trial Motions and Hearings of a misdemeanor, after trial or by a plea Often a judge will hold a court hear- of guilty, sometimes is sentenced by the ing to determine whether the arrest judge immediately. If a guilty verdict is and/or seizure of evidence was proper or reached in a felony case, a future date statements made to police were made will be set by the judge for a sentencing voluntarily. The defense attorney desir- hearing. ing such a hearing must make a motion

25 JUVENILE PROCEEDINGS

Juvenile delinquency hearings are similar to adult criminal trials except that the proceedings are closed to the public and a jury is not present. A juvenile has many of the same rights in court as an adult—the right to a trial in court, the right to have any charges proved beyond a reasonable doubt, the right to exclude anything found during an illegal search of the juvenile’s person or home, and the right to a lawyer. Also, juveniles do not need to answer questions at any time or place—including the police station—if their lawyer is not present.

JUVENILE PROCEDURE stated and the youth will have to stand trial. Pre-Trial Proceeding Another possibility is that the charges After arrest,a juvenile who is being may be dropped if the juvenile success- detained will be held in a juvenile facili- fully completes what is known as a ty rather than an adult jail. If the juvenile Diversion Program. In this instance, the is released, the youth will be given a date case does not go to trial. The juvenile is to return to court to speak to a juvenile asked to return the stolen property, pay court intake officer. This officer will for destroyed property, participate in interview the juvenile and can suggest some type of volunteer work, that the case be dismissed. After the attend/participate in a treatment pro- interview, a date will be set for a hearing. gram, or do whatever else the judge sug- If detained overnight, the juvenile will gests to address the wrongdoing. be taken to court the next day for the A final alternative to trial is pleading hearing. At the hearing, the judge will guilty. In this situation, a trial is not explain the charges and will set a trial needed because the juvenile admits to date. The judge will also decide whether the act for which he/she has been the juvenile should be held until the trial charged. or released under the supervision of his/her parents or a third party. Trial At trial, the prosecution will present Alternatives to Trial its case against the juvenile. As in an Many juvenile cases are disposed of adult trial, the prosecution must prove without going to trial. One method is beyond a reasonable doubt that the juve- called a Consent Decree. This is usually nile is guilty of the offenses for which offered to a first-time arrestee when he/she is charged. In a juvenile trial, the charged with a minor offense. If offered judge makes the decision as to whether a Consent Decree, the juvenile is placed the juvenile is guilty (sometimes called on voluntary probation without any “involved”) or not guilty (sometimes admission or mention of guilt. If the called “not involved”). If found guilty juvenile avoids trouble during the period (or involved), the juvenile will appear of probation, the charges will be dis- before the judge again for a disposition missed. However, if the juvenile gets in hearing. Disposition is another word for more trouble, the charges will be rein- sentencing.

26 Disposition The juvenile court judge has a wide range of dispositional alternatives from which to choose in cases involving juveniles. The judge’s choice depends largely on the individual’s prior record, social history, physical and mental condition, and family circumstances. The facts and circumstances of the acts for which the individual was convicted also are considered by the judge, including the seriousness of the offense and other factors that help the judge determine the best disposition for the juvenile. If the juvenile is placed on probation under the supervision of a probation counselor, the juvenile and his/her parents must cooperate with the probation counselor and obey the conditions of probation made by the court at the time of disposition. The parents may also be ordered by the court to participate in counseling programs or to receive other treatment that the court may indicate. Under certain circumstances, parents or guardians violating conditions con- tained in the court order may be subject to contempt-of-court charges. Probation violations by the juvenile may result in coming back before the judge who can heighten probation supervision or commit the juvenile to the custody and supervision of the relevant juvenile rehabilitation agency.

27 HOW TO FIND A LAWYER

There are many sources to use in finding a lawyer. The recommendations of friends and associates are often useful. It is a good idea to ask these people first. Depending on the nature of the civil or criminal case and available financial resources, you may want an attorney from a private law firm, or you may want to contact a law school clinic, a legal aid organization, or the bar association of your city or state. These groups probably will not recommend one lawyer over another, but will give you a list of competent lawyers for you to use in selecting one for your case. Lawyers are also listed in various telephone directories, and many advertise in the “Professional Directory" sections of local newspapers.

GENERAL LEGAL Listed below by area–D.C., Maryland, INFORMATION AND ADVICE and Virginia–is contact information for The District of Columbia Bar, to legal aid organizations, followed by a list which attorneys who practice in D.C. of organizations that provide legal must belong, offers some helpful servic- referral services. es to the public, including a legal infor- Lawyer Referral Services mation helpline, which is an automated system of recorded messages that gives The following is a listing of lawyer basic information on more than 30 legal referral services for the District of topics, finding an attorney, and the Columbia, Maryland, and Virginia. availability of free legal services in the These organizations provide counseling District of Columbia. This helpline is from a specialist to help identify open around the clock, and the informa- whether there really is a legal problem tion is available in both English and and what type of assistance might be Spanish. The helpline number is (202) best. If an attorney is needed, the lawyer 626-3499. referral service will refer you to the appropriate lawyer, who will provide The D.C. Bar Pro Bono Program also consultation for a fee. Additional fees for holds an advice and referral clinic, additional services are arranged between which is free and open to the public. To you and the lawyer. learn the hours and locations of this and other public clinics and legal resource In the District of Columbia: centers in the District of Columbia, visit the D.C. Bar website at: www.dcbar.org BAR ASSOCIATION OF THE DISTRICT or call (202) 737- 4700 or toll-free OF COLUMBIA LAWYER REFERRAL 1 (877) 333-2227. The D.C. Bar website SERVICE (202) 296-7845 provides helpful information about Web: www.badc.org/ local programs, public legal advice clinics, court-sponsored resources and other In Maryland: legal resources which may be helpful to ANNE ARUNDEL BAR ASSOCIATION those with legal questions or concerns. (ANNE ARUNDEL COUNTY) The District of Columbia Bar’s Pro (410) 280-6961 Bono Program Advice and Referral Web: www.aabar.org/find.html Clinic may be reached at (202) 331- 4365.

28 BAR ASSOCIATION OF BALTIMORE Legal Assistance for CITY (STATEWIDE) Low-Income Individuals (410)539-3112 The following is a list of organizations Web: www.baltimorebar.org that provide free or low-cost legal servic- BALTIMORE COUNTY LAWYER es for persons who meet low-income eli- REFERRAL SERVICE gibility requirements. If you need a (BALTIMORE COUNTY) lawyer but feel that you cannot afford to (410) 337-9100 pay, there are programs that will evaluate Web: www.bcba.org/ your income and offer legal assistance if BAR ASSOCIATION OF MONTGOMERY you qualify. COUNTY LAWYER REFERRAL SERVICE (301) 279-9100 In the District of Columbia Web: www.montbar.org/ NEIGHBORHOOD LEGAL CARROLL AND FREDERICK COUNTIES SERVICES PROGRAM LAWYER REFERRAL AND Web: www.nlsp.org/ INFORMATION SERVICE Northeast/Northwest Office (CARROLL,FREDERICK AND (202) 682-2700 WASHINGTON COUNTIES) Southeast/Southwest Office (410) 857-1451 or toll-free (800) (202) 678-2000 649-1090 (In state only) LEGAL AID SOCIETY OF THE DISTRICT HOWARD COUNTY BAR ASSOCIATION OF COLUMBIA LAWYER REFERRAL SERVICE Northwest Location and Information (HOWARD COUNTY) (202) 628-1161 (410) 313-2030 Southeast Location (202) 436-3077 Web: www.howardcountybar.org/ AARP LEGAL COUNSEL FOR PRINCE GEORGE’S COUNTY BAR THE ELDERLY ASSOCIATION LAWYER REFERRAL 601 E Street, NW SERVICE Washington, DC 20049 (202) 434-2170 (PRINCE GEORGE’S,CALVERT, CHARLES AND ST.MARY'S COUNTIES) ARCHDIOCESAN LEGAL NETWORK (301) 952-1440 or (301) 952-1441 924 G Street, NW or toll-free 1 (866) 757-7785 Washington, DC 20001 (202) 772-4325 In Virginia: In Maryland VIRGINIA LAWYER REFERRAL SERVICE (804) 775-0808 MARYLAND LEGAL AID SOCIETY Web: www.vsb.org/vlrs.html (410) 951-7777 or toll-free (800) 999-8904 Web: www.mdlab.org/ FAIRFAX BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION MARYLAND VOLUNTEER SERVICE LAWYERS SERVICE (702) 246-3780 (410) 547-6537 in Baltimore or toll- Web: www.fairfaxbar.org free (800) 510-0050 Web: ALEXANDRIA BAR ASSOCIATION http://www.mvlslaw.org/index.htm LAWYER REFERRAL SERVICE (703) 548-1105 In Virginia Web: www.alexandriabarassoc.com ARLINGTON BAR ASSOCIATION VIRGINIA LEGAL AID SOCIETY Toll-free 866-534-5243 Web: LAWYER REFERRAL SERVICE (703) 228-3390 www.vlas.org/ Web: adams.patriot.net/ncrouch/lrs.html

29 DIRECTORY OF THE COURTS IN THE WASHINGTON, D.C., METROPOLITAN AREA

FEDERAL COURTS: UNITED STATES DISTRICT COURT MARYLAND COURT OF FOR THE EASTERN DISTRICT OF SPECIAL APPEALS DISTRICT OF COLUMBIA VIRGINIA Court of Appeals Building SUPREME COURT OF Alexandria Division 361 Rowe Boulevard THE UNITED STATES 401 Courthouse Square Annapolis, MD 21401 1 First Street, N.E. Alexandria, VA 22314 Office of the Clerk (410) 260-1450 Washington, D.C. 20543 Office of the Clerk: (703) 299-2100 Web: Supreme Court Information Web: http://www.vaed.uscourts.gov/ www.courts.state.md.us/cosalist.html (202) 479-3000 STATE COURTS: CIRCUIT COURT FOR Public Information Office MONTGOMERY COUNTY (202) 479-3211 DISTRICT OF COLUMBIA Judicial Center Web: www.supremecourtus.gov/ COURT SYSTEM 50 Maryland Avenue UNITED STATES COURT OF DISTRICT OF COLUMBIA COURTS Rockville, MD 20850 APPEALS FOR THE DISTRICT OF Main (202) 879-1010 Court information (301) 217-7063 COLUMBIA CIRCUIT Web: www.dccourts.gov Office of the Clerk (240) 777-9400 United States Courthouse Web: DISTRICT OF COLUMBIA 333 Constitution Avenue, N.W. www.courts.state.md.us/montgomery.html COURT OF APPEALS Washington, D.C. 20001 Moultrie Courthouse CIRCUIT COURT FOR Office of the Clerk (202) 216-7000 500 Indiana Avenue, N.W. PRINCE GEORGE’S COUNTY Web: www.cadc.uscourts.gov/ Washington, D.C. 20001 Courthouse UNITED STATES COURT OF APPEALS Court Information (202) 879-2700 14735 Main Street FOR THE FEDERAL CIRCUIT Office of the Clerk (202) 879-2725 Upper Marlboro, MD 20772 The National Courts Building TTY (202) 626-8843 Court Information (301) 952-3655 717 Madison Place, N.W. Civil Department (301) 952-3240 SUPERIOR COURT OF Washington, D.C. 20439 Criminal Department (301) 952-3344 THE DISTRICT OF COLUMBIA Juvenile Department (301) 952-4330 Office of the Clerk (202) 633-6550 Moultrie Courthouse Web: www.fedcir.gov/ Web: 500 Indiana Avenue, N.W. www.courts.state.md.us/pgeorges.html UNITED STATES DISTRICT COURT Washington, D.C. 20001 FOR THE DISTRICT OF COLUMBIA Information (202) 879-1010 DISTRICT COURT OF MARYLAND United States Courthouse Office of the Clerk (202) 879-1400 District #6 (Montgomery County) 333 Constitution Avenue, N.W. TTY (202) 879-1232 (2 locations) Washington, D.C. 20001 Interpreting Services District Court Building Office of the Clerk (202) 354-3000 (202) 879-4828 27 Courthouse Square Web: www.dcd.uscourts.gov/ Civil Division (202) 879-1133 Rockville, MD 20850-2325 Information (301) 279-1500 or MARYLAND Criminal Division (202) 879 1373 Family Court (202) 879-1633 toll-free (800) 944-1341 UNITED STATES DISTRICT COURT Multi-Door Division (Mediation) Traffic/Criminal (301) 279-1565 FOR THE DISTRICT OF MARYLAND (202) 879-1549 TTY (301) 279-1286 Baltimore Division Probate Division (202) 879-1499 and 101 W. Lombard Street Social Services Division/ Juvenile 8552 Second Avenue Baltimore, MD 21201 Probation (202) 508-1900 Silver Spring, MD 20910-3405 Office of the Clerk (410) 962-2600 Small Claims (202) 879-1120 Information 301-563-8500 or Greenbelt Division Tax Division (202) 879-1737 toll-free 800-944-1341 6500 Cherrywood Lane Landlord and Tenant TTY 301-563-8501 Greenbelt, MD 20770 (202) 879-4879 Toll-free Number 1-866-873-9785 Office of the Clerk (301) 344-0660 Web: www.courts.state.md.us/district/direc- Web: www.mdd.uscourts.gov/ MARYLAND COURT SYSTEM tories/courtmap.html#montgomery VIRGINIA MARYLAND COURT OF APPEALS DISTRICT COURT OF MARYLAND Court of Appeals Building (2 locations) UNITED STATES COURT OF APPEALS 361 Rowe Boulevard District # 5 (Prince George’s County) FOR THE FOURTH CIRCUIT Annapolis, MD 21401 Courthouse, Bourne Wing U.S. Courthouse Court information (410) 260-1500 14735 Main Street 1100 East Main Street or toll-free (800) 926-2583 Upper Marlboro, MD 20772 Richmond, VA 23219 TTY (410) 260-1554 Office of the Clerk (301) 952-4080 or toll- Office of the Clerk (804) 916-2700 Web: free 800-943-8853 Web: www.ca4.uscourts.gov/ www.courts.state.md.us/coappeals/ Information (301) 699-2766 TTY (301) 952-3719

30 and ARLINGTON COUNTY JUSTICE CENTER ARLINGTON COUNTY JUVENILE AND 4990 Rhode Island Avenue Arlington, VA 22201 DOMESTIC RELATIONS DISTRICT Hyattsville, MD 20781 Office of the Clerk (703) 228-7010 COURT Information (301) 699-2766 or Criminal Division (703) 228-4399 17th Judicial District toll-free (800) 943-8853 Web: www.courts.state.va.us/courts/cir- Arlington County Justice Center TTY (301) 699-2686 cuit/Arlington/home.html 1425 North Courthouse Road, Web: CIRCUIT COURT FOR FAIRFAX COUNTY Suite 4100 www.courts.state.md.us/district/direc- 4110 Chain Bridge Road Arlington, VA 22201 tories/courtmap.html#princegeorges Fairfax, VA 22030 Court information (703) 228-4495 ORPHAN’S COURT FOR Court Information (703) 246-4111 Web: PRINCE GEORGE’S COUNTY Information Line (703) 691-7320 www.courts.state.va.us/courts/jdr/Arlin Courthouse Web: www.fairfaxcounty.gov/courts/cir- gton/home.html 5303 Chrysler Way cuit/ FAIRFAX COUNTY GENERAL Upper Marlboro, MD 20773 ALEXANDRIA CITY GENERAL DISTRICT COURT Information (301) 952-3790 DISTRICT COURT 19th Judicial District Web: 520 King Street, Second Floor 4110 Chain Bridge Road www.co.pg.md.us/Government/Judicial Franklin P. Backus Courthouse Fairfax, VA 22030 Branch/orphans.asp?h=20&s=&n=70 Alexandria, VA 22320 Office of the Clerk (703) 246-2153 REGISTER OF WILLS FOR Traffic (703) 838-4041 Traffic Division 703-246-3764 MONTGOMERY COUNTY Criminal (703)838-4030 Criminal/Civil Divisions 703-691-7320 Judicial Center, Room 322 Civil (703) 838-4021 Web: 50 Maryland Ave. Web: www.fairfaxcounty.gov/courts/gendist/ Rockville, MD 20850 www.courts.state.va.us/courts/gd/Alexa FAIRFAX COUNTY JUVENILE AND (240) 777-4600 ndria/home.html DOMESTIC RELATIONS DISTRICT www.registers.state.md.us/county/mo/h ALEXANDRIA CITY JUVENILE AND COURT tml/montgomery.html DOMESTIC RELATIONS DISTRICT 19th Judicial District 4000 Chain Bridge Road VIRGINIA COURT SYSTEM COURT P.O. Box 21461 Fairfax, VA 22030 VIRGINIA SUPREME COURT 520 King Street Court Information (703) 246-3367 Supreme Court Building Alexandria, VA 22320 Web: www.fairfaxcounty.gov/courts/jdr/ 100 North 9th Street Court Information (703) 838-4141 CITY OF FAIRFAX GENERAL Richmond, VA 23218-1315 Web: DISTRICT COURT Court information (804) 786-2251 www.courts.state.va.us/courts/jdr/Alexa 10455 Armstrong Street Room 304 Web: ndria/home.html Fairfax, VA 22030 www.courts.state.va.us/scov/cover.htm ARLINGTON COUNTY GENERAL Office of the Clerk (703) 385-7866 or VIRGINIA COURT OF APPEALS DISTRICT COURT (703) 385-7867 109 North 8th Street 17th Judicial District Web: Richmond, VA 23219-2321 Arlington County Justice Center www.courts.state.va.us/courts/gd/Fairfa Office of the Clerk (804) 371-8428 1425 North Courthouse Road, x_City/home.html Web: Suite 2400 FALLS CHURCH CITY DISTRICT COURT www.courts.state.va.us/coa/coa.htm Arlington, VA 22201 300 Park Avenue CIRCUIT COURT FOR THE CITY OF Court Information (703) 228-7900 Falls Church, VA 22046 ALEXANDRIA Web: General District Court (including Civil) 520 King Street www.courts.state.va.us/courts/gd/Arling (703) 248-5098 Alexandria, VA 22314 ton/home.html Juvenile and Domestic Relations Office of the Clerk (703) 838-4044 District Court (703) 248-5099 Web: Traffic/Criminal Court (703) 248-5096 www.courts.state.va.us/courts/circuit/ Small Claims Court (703) 248-5157 Alexandria/home.html Web: Circuit Court for Arlington County www.courts.state.va.us/courts/com- 1425 North Courthouse Road, Suite bined/Falls_Church/home.html 6700 Arlington, VA 22201 (703) 228-4367 Web: http://158.59.15.28/arlington/intro.ht ml/

31 GLOSSARY OF LEGAL TERMS

ACCUSED: A person charged with CHALLENGE FOR CAUSE: An committing a crime. objection to the selection of a particular juror for a stated reason. ACQUITTAL: A finding of not guilty. CHARGE: An accusation made ACTION: The proceeding or dispute against the accused that he/she com- that is before the court for resolution. mitted a specified crime. AFFIDAVIT: A sworn written state- CHILD IN NEED OF SERVICES ment by a party involved in a case. (CHINS): A juvenile who has commit- ALTERNATIVE DISPUTE RESOLU- ted certain action which, if committed TION (ADR): An alternative to court- by adults, would not be considered room litigation. criminal offenses; for example, truancy. ANSWER: A formal court document in which the defendant responds to and CITATION RELEASE: The process of disputes each of the plaintiff’s allega- releasing the accused from police cus- tions. tody in cases involving minor criminal violations, with a court date sched- APPEAL: A request by the losing uled at which he/she must appear. party to take the case to a higher court. The appeals court does not actu- COMPLAINT: The formal document ally retry the case, but focuses on pos- which one party files with the court to sible legal errors made by the trial begin a civil lawsuit. It states the court. facts of the case and the action which the filing party wishes the court to ARBITRATION: The process whereby take. In criminal cases the complaint parties to a dispute decide that a third- is a written statement of the charges party, not the court, will determine the against a person and the facts that outcome, thereby avoiding the litiga- constitute the charges. tion process. CONCILIATION: The adjustment and ARRAIGNMENT: A criminal proceed- settlement of a dispute in a friendly, ing in which the accused is brought unantagonistic manner. Used in before the judge, told the charges courts before trial with a view against him/her and asked to plead towards avoiding trial and in labor guilty or not guilty. disputes before arbitration. ARREST: The taking into custody of a CONCURRENT JUSRISDICTION: person suspected of committing a Jurisdiction exercised by different crime. courts, at the same time, over the BEYOND A REASONABLE DOUBT: same subject-matter, and within the The standard in a criminal case neces- same territory. Litigants may, in the sary for the jury to declare the defen- first instance, resort to either court dant guilty. It requires that the evi- indifferently. dence is so conclusive it removes all CONVICTION: A decision made by a reasonable doubts from the minds of judge or a jury in a criminal case that the jurors. the defendant is guilty beyond a rea- BOOKING: The process of photograph- sonable doubt of the crime for which ing, fingerprinting, and getting infor- he/she has been tried. mation from a suspect following CROSS-CLAIM: A claim by one party arrest. against a co-party, not against per- CAPITAL CRIME: A crime punishable sons on the opposite side, arising out by death. of the original complaint.

32 COUNTER-CLAIM: A claim which a EQUITY: Civil disputes that do not INFORMATION (MISDEMEANOR defendant makes against the plaintiff. involve monetary awards. Equity also COMPLAINT, FELONY COM- is defined as justice administered PLAINT): A document filed by the DAMAGES: Money awarded by the according to fairness, as contrasted prosecutor explaining the unlawful court to the party who suffered injuries with the strictly formulated rules of actions of the accused and formally or a loss due to the unlawful acts or common law. charging him/her with committing a negligence of another. crime. ESTATE: The degree, quantity, DEFAULT JUDGMENT: A “default” nature, and extent of interest which a INJUNCTIVE RELIEF: A court- occurs when a defendant does not person has in real and personal prop- ordered act or prohibition against an plead in a civil suit within the time erty. In its broadest sense, the social, act or condition which has been allowed, or fails to appear at the trial. civic, or political condition or stand- requested, and sometimes granted, in A judgment entered against the defen- ing of a person. a petition to the court for an injunc- dant because of this omission or failure tion. is called a “default judgment.” EVIDENCE: Testimony and objects presented in court by the prosecution INTAKE CENTER: A system for DEFENDANT: A person who has been and the defense to support their case. screening cases and referring individ- charged with committing a crime and uals involved in disputes. is now on trial for that crime, or a FELONY: A serious crime punishable party against whom a civil complaint by one year or more in a prison and/or INTRAFAMILY OFFENSE: An act has been filed. a fine. Felonies include crimes such as punishable as a criminal offense com- murder, rape, burglary, and robbery. mitted by an offender upon a person: DELINQUENT: A juvenile who has (a) to whom the offender is related by committed an act which would be a FORMAL ACCUSTATION: Formal blood, legal custody, marriage, hav- crime if committed by an adult. charge of wrongdoing brought against ing a child in common, or with whom a defendant in a criminal case. The the offender shares or has shared a DE NOVO: Anew, or a second time. A sixth Amendment of the US “trial de novo” is a second trial. mutual residence; or (b) with whom Constitution states, that the defen- the offender maintains or maintained DEPOSITION: The testimony of a wit- dant in a criminal case has the right a romantic relationship not necessar- ness not taken in court, but taken to be “informed of the nature and ily including a sexual relationship. under oath in preparation for a trial. cause of the accusation,” made against him/her. INTERROGATORIES: Written ques- DISCOVERY: The pre-trial process tions given by one party in a lawsuit through which each party is informed GENERAL JURISDICTION: A court to the other party in the suit which of the evidence that the other party will that hears ontroversies of all types, must be answered under oath. be using to support his/her case in the seeking different legal rights and trial. remedies. JUDGMENT: Final decision of a lawsuit made by the judge or jury. DISMISSAL: The decision by the GUILTY: A statement made by the judge to end a case. accused that he/she committed a JURY: A Petit Jury is a group of cit- crime or a verdict made by the court izens who have been selected to hear DISPOSITION: The sentencing or that the accused committed the the evidence for a legal case present- other final settlement of a criminal crime. ed in court and decide the truth case. according to the law and the facts HEARING: An (in)formal proceeding presented. A Grand Jury is a group of DIVERSITY JURISDICTION: A similar to a trial, with one or more citizens selected to investigate certain method of having a case heard in a issues to be agreed upon or deter- causes or consider indicting against “neutral” federal court rather than in mined. persons accused of committing a a state court, if the two parties are crime. from different states. INCARCERATION: Detention of a person in jail or prison. People are JUVENILE: Generally, any person EN BANC: A hearing in which all of most commonly incarcerated upon under the age of 18 years. the judges of an appellate court partic- suspicion (or conviction) of commit- ipate. ting a crime. LEGAL PRECEDENT: An adjudged case or decision of a court considered INDICTMENT: A written accusation as an example or authority for an made by a grand jury charging a per- identical or similar case or a similar son with committing a crime.

33 GLOSSARY OF LEGAL TERMS

question of law. Courts attempt to MULTI-DOOR TECHNIQUE: An decide cases on the basis of principles effort to transform the courthouse established in prior cases. (See into a dispute resolution center offer- STARE DECISIS) ing citizens a variety of options; for example, arbitration and mediation. LIMITED JURISDICTION: A court’s power over an action governed by NOLO CONTENDERE: “I will not statute; some courts have limited contest it,” is a plea to a crime that authority or power and the limitation does not admit guilt but has the same is in terms of the nature of the case, result as a guilty plea. the amount of controversy, or the type of crime committed. NOT GUILTY PLEA: A statement given by the accused asserting that LINE-UP: A police process where he/she did not commit the crime. suspects are lined up to be identified by a witness. OBJECTION: An action taken by one of the attorneys during the trial in LITIGATION: A case or lawsuit; the which that attorney disagrees with process of settling a dispute between some statement of procedure during two or more parties. the trial. MEDIATION: A process used when OFFENDER: A person who has been the parties agree that a third-party convicted of a crime. could help them resolve their conflict and not, necessarily, be binding on the ON NOTICE MOTION: A motion parties. where advance notice is required to be given to the other party. MIRANDA WARNING: Requirement of the police to inform a suspect taken OVERRULE: A judge's decision on an into custody of his/her right to an objection in which he does not allow attorney and that he/she has the right the objection. to refuse to answer any questions PARTY: A person, organization, or asked by the police. government actively involved in the MISDEMEANOR: A crime that is prosecution or defense of a legal pro- less serious than a felony and is pun- ceeding. ishable by one year or less in jail PEREMPTORY CHALLENGE: An and/or a fine; for example, petty theft objection to the selection of a juror and most traffic violations. for which a specific reason does not MISTRIAL: A trial that is terminated need to be given. before a verdict is reached either PLAINTIFF: The person who starts because the jury cannot decide the and files a civil action. guilt or innocence of the accused or because of some error found in the PLEA: A formal statement made by trial. an accused person either denying or admitting that he/she committed the MOTION: A written or oral request to crime of which he/she is accused. the judge asking him/her to make a decision or take a specific action. PLEADING: A written statement of fact and law filed by both parties in MOTION TO DISMISS: A motion civil suit which outlines the petition- before the trial made on the basis of er's argument or the respondent's insufficiency of the pleading, of answer to these charges. process, etc. POST-TRIAL MOTION: A motion permitted after a trial such as a motion for a new trial and a motion for relief from judgment.

34 PRELIMINARY HEARING: A pre- REBUTTAL: The evidence given to SUSTAIN: The decision on an objec- trial hearing to determine if there is explain, counteract, or disprove facts tion by a judge to support it and pre- enough evidence to present to a grand given by the opposite party. vent the other party from continuing jury. that line of questioning or introduce RELEASE ON OWN RECOG- that evidence.. PREPONDERANCE OF THE EVI- NIZANCE (ROR): The release of an DENCE: Evidence which is of greater accused person by a judicial officer TESTIMONY: Statements made in weight or more convincing than the without the need of bail upon the writ- court by witnesses who are under oath evidence which is offered in opposi- ten promise of the accused that he/she to tell the truth. tion to it; that is, evidence which as a will return to court when ordered to THIRD-PARTY CLAIM: A complaint whole shows that the fact sought to be do so. filed by the defendant against a per- proved is more probable than not. REPLEVIN ACTION(S): Action son not presently a party in the law- PRE-TRIAL CONFERENCE: An whereby the owner or person entitled suit. informal conference between the to repossession of certain goods may TRIAL: A hearing before a judge and attorneys for both sides to clarify the recover those goods from one who has sometimes a jury where evidence is issues and to attempt to work out a wrongfully taken them. presented to decide in criminal cases settlement with the judge as a moder- REPLY: The plaintiff's answer to the whether or not the accused committed ator. defendant's counterclaim. the crime, and in civil cases whether PROBABLE CAUSE: The amount of evidence and the law are in favor of RESTITUTION: An order from the proof that amounts to a reason to the plaintiff or defendant. judge in a criminal case that requires believe that a crime was committed that the offender pay the victim for UNLAWFUL DETAINER: Keeping and that the trial should take place or damages the victim has suffered as a possession of a property without a charges move forward. result of the crime. right, such as after a lease has PROBATE: Proving the validity of a expired, after being served with a SELF-INCRIMINATION: A defen- will. Also, all the matters and pro- notice to quit (vacate, leave) for non- dant's giving of testimony against ceedings pertaining to administration payment of rent or other breach of himself that might subject him to of estates, guardianships, etc. lease, or being a “squatter” on the criminal liability. property. PROBATION: Status of a convicted SENTENCE: The accused's punish- person who is allowed their freedom VERDICT: The decision of the judge ment after being convicted of a crime. after conviction subject to the condi- or jury at the end of a trial that the tion that for a stipulated period they STARE DECISIS: To adhere to accused is either not guilty or guilty shall conduct themselves in a manner precedents and not to unsettle things of the charges. approved by a special officer to whom which are already established. VICTIM: An individual against whom they must make periodic reports. STATEMENT OF CLAIM: The means an offense of civil or criminal law, or PROSECUTOR: The lawyer employed by or through which the claimer an attempted offense, was committed. by the government in a criminal case; obtains possession of a privilege or a VOIR DIRE: The process of selecting an Assistant U.S. Attorney or for the thing. a jury. District of Columbia, the Assistant Attorney General. SUBPOENA: A command to appear WAIVER: The intentional giving up at a certain time and place to give of a right. PUBLIC DEFENDER: An attorney testimony upon a certain matter. employed by the government to repre- WITNESS: A person who is called to sent defendants who cannot afford to SUMMARY JURY TRIAL: An testify, in either an oral or written pay for a lawyer. abbreviated trial involving a panel of statement, to what he/she has seen, six jurors who render an advisory, heard, or knows about concerning the REASONABLE DOUBT: The amount nonbinding decision. facts in a criminal or civil case. of doubt present in the minds of the jurors which entitles the defendant to SUMMONS: A notice sent to a per- WRIT OF CERTIORARI: An order to acquittal; a doubt for which you can son that a court action has been taken the lower court to convey a record of give a reason. against him/her and that he/she must a case to the appellate court and to appear in court to answer to these certify it as accurate and complete. charges.

35 ORGANIZATIONAL RESOURCES

The Council for Court Excellence wishes to acknowledge the resources used in the development of this 2007 publication, and suggests readers contact the following organizations for more information.

THE ADMINISTRATIVE OFFICE OF THE U.S. EDITORIAL RESEARCH PROJECTS COURTS OFFICE OF PUBLIC AFFAIRS 1414 – 22 nd Street, N.W. Washington, D.C. 20544 Washington, D.C. 20037 202.502.2600 202.296.4880 Web: www.uscourts.gov Publications include: THE ADMINISTRATIVE OFFICE OF THE Juvenile Justice MARYLAND COURTS The Federal Courts The Courts of Appeal Building Grand Juries Annapolis, MD 21401 Access to Legal Services 301.974.2141 Federal Judicial Center OFFICE OF THE EXECUTIVE SECRETARY FOR Dolley Madison House THE SUPREME COURT OF VIRGINIA 1520 H Street, N.W. 100 North 9 th Street, 3 rd Floor Washington, D.C. 20005 Richmond, VA 23219 804.786.6455 EXECUTIVE OFFICE OF THE DISTRICT OF COLUMBIA COURTS 500 Indiana Ave., N.W. Suite 1500 Washington, D.C. 20001 202.879.1700 NATIONAL CENTER FOR STATE COURTS Court Statistics and Information Management Project 300 Newport Ave. Williamsburg, VA 23187-8798 Listed below are several organizations that offer educational pamphlets on specific subject areas: THE AMERICAN BAR ASSOCIATION Public Education Division 750 North Lake Shore Drive Chicago, IL 60611 Publications include: Law and the Courts Landlord and Tenants The American Lawyer

36 ABOUT THE COUNCIL FOR COURT EXCELLENCE

Formed in Washington, DC in January 1982, The Council for Court Excellence is a nonprofit, nonpartisan civic organization. The Council works to improve the administration of justice in the local and federal courts and related agencies in the Washington metropolitan area and in the nation. The Council accomplishes this goal by: • Identifying and promoting court reform, • Improving public access to justice, and • Increasing public understanding and support of our justice system. The Council is governed by a volunteer Board of Directors composed of members of the legal, business, civic, and judicial communities. The Council is unique in bring- ing together all of those communities in common purpose to address court reform and access to justice needs. The Board accomplishes the work of the Council through direct participation in Council committees. The Council employs a small staff to assist the Board in meeting the objectives of the organization. Financial support comes from the members of the Board, businesses, law firms, individuals, foundations, and occasionally government. The Council for Court Excellence has built a substantial record of success in the major court reform initiatives it has undertaken. The Council has been the moving force behind adoption of the one day/one trial jury system in the DC Superior Court, modernization of the jury system, reform of the District of Columbia probate laws and procedures, expansion of crime victim rights, improvement in court handling of child neglect and abuse cases, and proposing methods to speed resolution of civil cases by the DC trial and appellate courts. To improve the public’s access to justice and increase their understanding of our justice system, the Council over the years has published and disseminated over 350,000 copies of plain-language booklets and other materials explaining a wide variety of court systems.

37 Council for Court Excellence Improving Justice for the Community

1111 14th Street, N.W. Suite 500 Washington, D.C. 20005 Phone: 202.785.5917 Fax: 202.785.5922 www.courtexcellence.org

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