THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, February 16, 1996 TAG: 9602160002
SECTION: FRONT PAGE: A14 EDITION: FINAL
TYPE: Opinion
SOURCE: By CHARLES L. MARCUS, FRANK J. SANTORO, WARREN DAVID KOZAK
LENGTH: Medium: 69 lines
You have been critical of the Portsmouth Circuit Court, arbitrarily defining the court as a ``revolving door'' facilitating the release of criminals who terrorize Portsmouth citizens. As attorneys with more than 50 years of experience practicing before all the state and federal courts in Hampton Roads , we feel it is unfair to lay the blame at the feet of four people without taking the time to understand the criminal-justice process.
The function of a circuit court judge is to hear cases and controversies in an organized context. This means that parties and lawyers appear before the court at regularly scheduled dates and times to present arguments based in fact and law. Judges rarely, if ever, continue a case for their own personal reasons. However, cases are continued for a number of other reasons, including the unavailability of witnesses, the deployment of active-duty military personnel, illness, parties failing to honor subpoenas, failure of one or more parties to properly file the necessary papers for the court to perform its function and many other reasons. In each instance, either the prosecution (the commonwealth's attorney) or the defense bar (generally private lawyers or the public defender's office) ask the court to continue a case for cause. Cause is defined as a legitimate reason which would impair the ability of a citizen to have a full and fair trial. If cause is demonstrated, the judges are compelled by our constitutional system of justice to continue the case to afford a defendant or any other party a fair day in court.
Similarly, the court must set bond for a defendant based on the evidence. The Constitution forbids courts' establishing excessive bond. A judge has to establish a reasonable bond based on the evidence presented and cannot engage in social engineering. Barring strong evidence to the contrary, it is a requirement of our system of justice that every person is entitled to bond. The judges may not like it any more than any other citizen, but they are duty-bound to adhere to and implement the law.
All members of the judiciary in Portsmouth, and the Hampton Roads area, make themselves readily available and easily accessible to all members of the Bar. This enhances the orderly administration of justice. In Portsmouth, and elsewhere, motions are routinely heard early in the morning and late in the afternoon to accommodate the legitimate needs of all of the parties. This includes bond motions.
Responsibility accompanies the authority to set the bond of an individual. Rather than engage in after-the-fact criticism, it is more appropriate to come up with a solution to solve the perceived problem. We are not sure that the problem is so easily reconciled giving deference to our constitutional system of government.
For the judicial process to work efficiently, all parties must be prepared to proceed according to established rules. The judges are prepared, but are limited in their ability to perform their job by unprepared or absent witnesses, unprepared prosecuting attorneys, or defense counsel. Rarely, if ever, does the responsibility for a delay in the trial process fall with the judge.
The judges in Portsmouth are competent, conscientious individuals who work very hard and believe strongly in our system of justice. It is ironic that the press is so inflexible in enforcing and defending its First Amendment rights but does not afford equal respect to other provisions of the Bill of Rights.
In court, it is necessary to have sufficient information to render a reasoned opinion. We would suggest that you take the time to get the information to understand the explicit, or implicit, opinion rendered by your organization. MEMO: The writers are partners in a Portsmouth law firm. by CNB