MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch
MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch
MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch
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c<br />
@ 9% the court pr?monnel begin<br />
to, assemble. The crier opens court.<br />
“AU rise. Oyez, oyez, ah p&sons<br />
havigg business before the Court of<br />
Cbqrnon Pleas Crimtnal Division<br />
corn ‘forth and they shall be heard<br />
God save this honorable court. ‘Be<br />
mated and stop ali conversation. Good<br />
: mom Your Honor.” The crier c&s<br />
atit the names of the defendants. Most<br />
of them aie represented by the public<br />
defender.. He checks his files. One or<br />
two names are not on his list; A quick<br />
phone caU .k ,made to his office to<br />
send,up the missing files.<br />
Ch one particular day when I was<br />
sitting in criminal motions court,<br />
three Cases had private counsel. One<br />
had been ‘retained by the defendant.<br />
The ather two had been appointed by<br />
tho awt to represent indigents<br />
accused of homicide. Where are these<br />
I iawyors?<br />
As is customary,’ the court officer<br />
ph+es ‘each of’them and reminds hk<br />
secretary ,that he has a case listed and<br />
he must appear. Several of the defend-<br />
ants are not present. The prison is<br />
called to locate the mi&ng parties.<br />
Lots G. ~For& &‘a judge frl the Phklelphla<br />
Court of <strong>Comm</strong>on Pleas This article is<br />
edapted from her book, The Death of the<br />
Zati, to be published in Mwch !y D&i<br />
Mdhy. Copyttght 1975 by Lois C.’ Form .<br />
IhaWa~ihlngtoaMonthlyJFehrulryl975<br />
mdgc, if he wishes &get through<br />
his list, must find the lawyers and<br />
litigants and order .them to come to<br />
court.<br />
Frequently tho prosecutor cannot<br />
find his files. When he does, he. dis-.<br />
covcis that a necessary witness has not)<br />
beeh subpoenaed. The case mustbe<br />
continued to another d&y. The other .<br />
witnesses, who are present and have<br />
missed a day’s work, are sent home.<br />
The defendant is returned to $t& to.<br />
dywit another list& Often ,dases aria<br />
wed five and six times before they ,’<br />
can bo heard. *<br />
On this day, there were three ,&&aditions.<br />
Amos R $3 want#f in South.<br />
Carolina. Seven years ago he had’<br />
escaped from jail and fled north. SinCe<br />
thenhehasbeenhv@ginPhiladelphia.<br />
He married here and now lizis<br />
two children. His wife and chiklren<br />
arc in tho courtroom He is employed: ‘~<br />
Amos has not been in 3roi.able Sinai’<br />
leaving South Carolina, where ’ 1Q ‘,<br />
years ago he was convicted of.stealirig<br />
a car and sentenced ‘to nine to 20<br />
years in prison. He ‘had’ no prior<br />
record. In Pennsylvania, for the same,<br />
crime, he wouid probably have been<br />
placed on probation or at most xeceived<br />
a maximum sentence- .of two<br />
years.<br />
Mow ht? testifies that he didn’t<br />
33