from the FIELD - Chicago Cop.com
from the FIELD - Chicago Cop.com
from the FIELD - Chicago Cop.com
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
CheCkOff<br />
on Court<br />
Procedure<br />
ERE'S A BRIEF REVIEW of court pro<br />
H cedu reo<br />
The clerks start work between 6 and<br />
7 A.M., depending on <strong>the</strong> court.<br />
Court sheets are typed up two days<br />
in advance in <strong>the</strong> Civic Center, and sent<br />
by messenger to <strong>the</strong> courts. The oldest<br />
cases appear at <strong>the</strong> top of <strong>the</strong> sheet on<br />
down to <strong>the</strong> most recent. They are in<br />
line according to <strong>the</strong> court M.C.C. (municipal<br />
court clerk) number which is on<br />
<strong>the</strong> left side of <strong>the</strong> large court sheet.<br />
The clerk's first job is to take <strong>the</strong><br />
day's sheet <strong>from</strong> <strong>the</strong> file and write in<br />
<strong>the</strong> transferrals and new cases. Then<br />
he begins preparing <strong>the</strong> "futures" <br />
cou rt sheets for <strong>the</strong> next day or two.<br />
The transferrals <strong>from</strong> o<strong>the</strong>r courts are<br />
brought in by messenger; <strong>the</strong> new cases<br />
<strong>com</strong>e in through Department mail and<br />
are on court transmittal sheets. About<br />
fifty per cent of <strong>the</strong> day's cases in any<br />
court are "first time up"; <strong>the</strong> rest are<br />
transferrals, continuances and <strong>the</strong> like.<br />
Calling Procedure<br />
Motions for continuances are always<br />
heard first, and for a good reason. Motions<br />
sometimes make up half <strong>the</strong> court<br />
call. QUite a few cases can be cleared<br />
immediately, although motions may take<br />
as much as an hour's time.<br />
Thus, you may be listed on sheet 1,<br />
line 7, but if you have a trial case, you<br />
are not going to be one of <strong>the</strong> first<br />
called.<br />
Of course, <strong>the</strong>re are countless exceptions<br />
to calling procedure which must<br />
be dealt with minute by minute in <strong>the</strong><br />
courtroom.<br />
For instance, <strong>the</strong> Circuit Court has<br />
ruled that no case can be refused a<br />
hearing in any court, no matter what<br />
time it <strong>com</strong>es in. Cases should be in<br />
<strong>the</strong> court between 6 and 8 A.M. But<br />
transferrals have been accepted as late<br />
as noon when <strong>the</strong>y are transferred <strong>from</strong><br />
one court to ano<strong>the</strong>r, or in legal language,<br />
"transferred instanter." When<br />
<strong>the</strong>y arrive, <strong>the</strong>y have to be written in<br />
on <strong>the</strong> last sheet.<br />
Some cases are held until <strong>the</strong> officer<br />
or lawyer can get to <strong>the</strong> court, because<br />
both may have cases in o<strong>the</strong>r courts.<br />
At anyone time, a court sergeant may<br />
have notes to hold three, four or even<br />
a dozen cases for officers who are in<br />
o<strong>the</strong>r courts and have had <strong>the</strong>ir unit<br />
call in on <strong>the</strong> phone. Sometimes, officers<br />
are already signed in to <strong>the</strong> courtroom,<br />
but have to notify <strong>the</strong> court sergeant<br />
and sign out temporarily for ano<strong>the</strong>r<br />
court. When <strong>the</strong> lawyer or policeman<br />
does arrive, <strong>the</strong> case is called as<br />
soon as possible to prevent fur<strong>the</strong>r<br />
delay.<br />
Attorneys And Public Defenders<br />
Procedures are different in all courts.<br />
Felony, Narcotics, State St. and Boys<br />
Courts have attorneys on 90 per cent of<br />
<strong>the</strong> cases. The public defender may be<br />
assigned to handle several courts. When<br />
he <strong>com</strong>es in to Branch 41, Domestic<br />
Relations, and is also handling Branch<br />
27, State St., his cases will be called<br />
immediately.<br />
It is possible for a midnight officer<br />
to be scheduled early on <strong>the</strong> sheet, to<br />
sit half <strong>the</strong> day in <strong>the</strong> courtroom, and<br />
still never be called. Why? He has not<br />
given <strong>the</strong> correct sheet and line number<br />
to <strong>the</strong> court sergeant. He's read <strong>the</strong><br />
page number instead of <strong>the</strong> sheet number<br />
on <strong>the</strong> transmittal. On <strong>the</strong> transmittal<br />
sheets, <strong>the</strong> number is entered on <strong>the</strong><br />
bottom of <strong>the</strong> sheet; on <strong>the</strong> large court<br />
sheets, <strong>the</strong> number is on <strong>the</strong> top of <strong>the</strong><br />
sheet. When <strong>the</strong> mistake is discovered,<br />
<strong>the</strong> officer has to be called, obviously<br />
out of sequence with <strong>the</strong> sheet.<br />
And <strong>the</strong>re are always <strong>the</strong> cases that<br />
have to be called now, immediately. Like<br />
<strong>the</strong> officer who sat in court for two hours<br />
and finally walked over to <strong>the</strong> sergeant,<br />
apologized, and said he had to leave<br />
because his wife-pointing to a ra<strong>the</strong>r<br />
large woman in <strong>the</strong> second row-was<br />
starting to have labor pains. His case<br />
was called within 30 seconds.<br />
There's one exception that most likely<br />
will never be repeated-one of those<br />
situations police officers have night·<br />
mares about.<br />
Began With Fight<br />
An officer started out on his tour of<br />
duty one evening, and <strong>the</strong> first thing he<br />
ran into was a street fight, broken bottles<br />
and all. The fighters were arrested<br />
on aggravated battery, <strong>the</strong> papers were<br />
<strong>com</strong>pleted at <strong>the</strong> District and <strong>the</strong> officer<br />
was back on <strong>the</strong> street. That made court<br />
appearance No. 1, Branch 44, Felony<br />
Court.<br />
Next thing you know, he stopped at a<br />
red light and a car sped by him. The officer<br />
put on <strong>the</strong> spot and pu lied <strong>the</strong><br />
driver over. The man got out of his car<br />
but was extremely edgy. The officer<br />
made a search and found a bag of<br />
marijuana. So it was in to <strong>the</strong> station<br />
again to make out <strong>the</strong> papers, <strong>the</strong>n<br />
back to <strong>the</strong> street. That made court appearance<br />
No. 2, Branch 57, Narcotics<br />
Court.<br />
He no more than got back into his<br />
squad car again when he made ano<strong>the</strong>r<br />
traffic stop. When <strong>the</strong> driver exited <strong>from</strong><br />
his car, he dropped a roll of policy slips<br />
on <strong>the</strong> ground. That made court appearance<br />
No.3, Branch 27, Rackets Court.<br />
Three cases in three different courts<br />
on <strong>the</strong> same day. You figure it out. He<br />
did-with a lot of help <strong>from</strong> <strong>the</strong> court<br />
sergeants.