HOUSTON – HENRY COUNTY AL: This article is written specifically for Houston and Henry County, but it reflects all counties in Alabama.
Can you imagine listening all day to a husband and wife in court all day when they want a divorce? Judges have heard most all of the dirt on the husband or wife, and how bad of a person they are. And each party wants to smear the other and wants everything. But, before the divorce they were OK to lay down in bed and get or gotten pregnant. But now they are a no good ….
Normally, after the court the Judge will state the case is taken under advisement and a ruling will be forth coming. Which means, the Judge has to review his notes, all evidence submitted and from that craft a order. A lot of times dictating the order or electronically typing the order his or her self.
Over the history of court all of this cases were done by filings delivered to the courthouse and filed with the Circuit Clerk. This is a thing of the past, all filings are done electronically. Once filed the District or Circuit Court Clerk accepts the electronic filed cases and sends certain information to the Judge assigned. The computer automatically assigns cases to Judges so the Judge is not hand picked. To give an example, the Houston County Courthouse was closed Wednesday of last week until Monday,
WEDNESDAY: 1 Child support case; 3 Circuit Civil; 20 Small Claims Cases; 1 District Criminal Case.
THURSDAY – Thanksgiving Day: 9 Small Claims Cases
FRIDAY: 1 District Civil; 5 Small Claims; 22 District Criminal Cases.
SATURDAY: No cases filed
SUNDAY: 4 District Civil; 9 Traffic cases
MONDAY: 6 Circuit Civil; 9 Domestic Relations; 4 District Civil; 9 Small Claims; 2 Circuit Criminal Cases; 18 District Criminal Cases; 12 Traffic Cases.
UNCONFIRMED, but based on cases numbers, year to date in Houston County: 657 Circuit Civil Cases; 408 Domestic Relations; 1222 District Civil; 3646 Small Claims; 3091 Circuit Criminal; 1365 District Criminal; 3703 Traffic Cases.
The Judges are issued laptops as well as their Judicial Assistants are issued laptops. And the Judge might take some notes home where, in peace, they can concentrate on specific cases to issue an order. When in the office they are interrupted frequently and to rule fairly they need some isolation.
Judges DO NOT know all of the laws. They have to read and research when information is presented in court or motions filed. That takes some private time, to concentrate on the case law before they issue a ruling. And that is what both parties in cases want is a fair ruling.
In Criminal cases, they try to schedule persons in custody first and then those on bond. A docket is printed and many cases are on the docket. But if there is a murder case or large case on the docket and ready for trial, that bumps all other cases down on the docket. Some enter guilty pleas and the Judge will take those pleas before the trial begins. But a big case will take the remainder of the week which bumps other cases to the next jury term.
The courts are doing multiple criminal jury trials a month where over the past decades they only did one jury trial week. Now – hardly no one catches a breath before another jury trial term. And before that term the Judge has to study the case and rule on motions filed. If the motion does not require a hearing the judge reviews it, ponders on it and then issues a ruling.
The Judges are aware of the over crowding in the jails. And they attempt to move criminal cases along. However there are factors beyond the Judges control because they are waiting on forensics to analyze evidence, or mental reports if the person can stand trial. A lot of factors weight into the case before it goes to trial.
Houston and Henry Counties are one Judicial Circuit. The 5 Circuit Court Judges work both courthouse, Houston County has 2 District Court Judges with 1 of the 2 handling mostly juvenile and the other handling criminal and civil – small claims cases and domestic protection from abuse cases. The District Attorney serves both Houston and Henry County. In Henry County there is 1 District Court Judge.
When officers leave a house or exit the place where a crime happened and need to return, the officers must get a search warrant. Crime makes no appointment and Judges are woke up and/or chased down on weekends to sign search warrants. And this happens more times then the average person realizes. The law enforcement officer will go to the Judges home at 2 AM to get one to sign a search warrant. This happens more than the average person realizes.
This past week was Thanksgiving. The courthouse was closed Wednesday until Monday. But 72 hours hearings had to take place. Normally those are heard by District Court Judge Benjamin Lewis. And the holidays he normally goes to the Houston County Jail to hold the 72 hours hearings. If Judge Lewis can not go one of the Circuit Court Judges handle.
Just reflecting some of Judges do. And the courthouse is open 5 days a week, Monday through Friday, 8:00 AM until 4:30 PM. While Houston County government, County Commissioners in charge work places, is open 4 days a week, unless a holiday. Then it is only 3 days a week. The commission claims it saves money. But they have never shown where it saves money.
This is brief snapshot on Judges. Some want to blame them for the jail overcrowding. But those pointing the finger want “soft on crime”. The Judge’s try to balance the system but have to worry about the crime and not the overcrowding of the jail. For 12 years the Houston County Commission has turned a blind eye to adding a pod to the jail when Sheriff Valenza asked. That blind eye has Houston County in a major lawsuit when Sheriff Valenza asked for the jail doors to be fixed. A inmate was seriously injured and had to be flown to UAB. The negligence of the Houston County Commission caused the lawsuit.
The Houston County Commission will have 1 Administrative Meeting and 1 commission meeting in December. While the Judges are holding court most days or studying and issuing orders on other days. A lot more to being a Judge then one knows.
