Walking the Wire

The process of deciding to grant bail to a pretrial defendant came into the news here recently when a 17-year-old on bond in a murder case was arrested in the aggravated assault of a young mother and her 1-year-old child.

Most of the coverage was about a number of whys.

Why had the judge allowed someone facing such a serious charge out of jail?

Why did law enforcement not immediately arrest the defendant after he cut off his GPS monitoring device?

Why was a nonelected magistrate allowed to decide on bond in criminal cases such as this one?

All of the questions were legitimate, but revealed a total misunderstanding of the judicial system.

It is the responsibility of the judiciary to be the impartial executors of the law. In the case of bond the law puts the burden exactly where most would have it if they were the accused - on the state.

The state must show that the person seeking bond presents a risk of flight to avoid prosecution, a risk of harm to other persons, a risk of intimidation of witnesses or a risk to the general population.

Those risks must be particular rather than vague and general. Lacking that showing each and every defendant has a right to a reasonable bond.

Where most people who disagree with the granting of bond disagree with the law is in its requirement that particular risks must be shown. Some would argue that the very charge brings risk. Risk that someone would flee to avoid proseuction, harm others, intimidate witnesses or bring danger upon the community at large.

Their argument has validity, however it misses the point. While you may believe that those disagreements with the requirements of the law are valid, judges must uphold the law as written. Changes must come from legislation, not the bench.

The recent incident did have at least one positive outcome.

The judges of our court revisited the method for chosing and evaluating electronic monitoring companies and are using a recent revision of state law to create stronger requirements for providing notice to law enforcement when a defendant violates any of the restrictions imposed in a judge's bond order.

COOPed Up

Twitter went down today. And before you ask, I didn't break it.

But it was a good reminder that we all need to back up every technology with the basics.

So instead of Tweeting my news updates today I emailed them. Yes it is more cumbersome with having to enter email addresses or distribution groups and isn't available to everyone on the net, but it gets the message out.

But what if the entire doggone internet goes down?

That's when my years are an advantage. I still have and know how to use a fax machine. Yes, that's even more trouble than email, but will work when the computers are just extra large paper weights.

And if the phone lines go down I have a backup for the fax. It's a copy machine. Yes, then I have to hand out the news updates, but I can do it and those who really need to know will probably be willing to schlep to the courthouse for the information.

My point. Don't let your reliance upon technology paralyze your ability to function.

That's the key to a workable Continuity of Operations Plan (the COOP of the title).

My COOP includes a paper copy of the Court's Crisis Communications Plan in a three-ring binder, and rubber bins in which I store my emergency "Go Kit."

The kit contains: pens, paper (copy, notebook, pads), stapler, paper punch, more 3-ring binders, sticky notes, highlighters, tape, maps of the area showing location of alternative court sites, emergency services, hospitals, a laptop computer with thumb drives, portable printer, a power generator, extension cords with multiple ends (lighted, ground fault circuit interrupter), lamps, light bulbs, flashlights and batteries, podium, easels and paper, paper shredder, etc., letterhead, paper forms and supplies adequate for 24-48 hours, camera, paper contact lists: including court group email, county, state, federal, Non Governmental Organizations and private sector resources, a FEMA public affairs manual, local media guide with after hours contact numbers, press releases (pre-scripted for weather, criminal act, chemical, biological, radiological events), reader boards, court fact sheets, first aid kit, change of clothing, toiletries, prescription medications, a small refrigerator, food, bottles of water, etc.

Well, you never know.