Thursday, February 21, 2008



I wish judges were more discreet with how rapidly they accept our opinions. Today during a hearing the defendant was very close to the bench when the judge was asking for my recommendation. My guy could hear every word. Then, in usual form, the judge releases us from the bench and then goes on to repeat my recommendation word for word to the court. He then quickly verifies that this plays well for both the defense and the prosecutor.

Luckily, it was a good recommendation today and the defendant leaned over as I walked by to give a quick thanks. The deputy corrected him for speaking out of turn, but I turned and smiled. He was glad he was going to be released from jail today and I couldn't blame him, he was someone who deserved it. His wife was practically jumping up and down while she was making the short walk over to the county jail to wait a few hours for her husband to be released.

This is a good day, when I can give a good report. Usually, we have to be more subtle about our recommendations to the judge since we are usually the ones telling our probationers that the judge makes the ultimate decision. Which is necessary because we are the ones walking outside right behind the family members or in all likelihood they will be back on our caseload in no time. Having them believe we didn't recommend they sit in jail or prison sets up a better scenario for our safety, obviously. Judges seem to like to have a someone else to blame for their decisions, just like anyone. But they get paid the big bucks to take more grief.

Several months ago one of the guys on my team was at a smaller court in our county and gave an appropriately terrible recommendation for one of his guys. The judge went on to agree and pointed out it was due to the PO's update and request that he would take him into custody. The judge then agreed with the defense attorney that the guys should get thanksgiving home with family first in true to bizarre form. This then put the PO in a very tough spot. He waited for a while to go out to the parking lot figuring the father and the probationer had plenty of time to leave. They had not. They waiting for the PO and decided to circle, harass and threaten him yards away from the court. Luckily my co-worker was quick on his feet and had a plan, therefore all ended safely with the guy ending up with a new arrest for which he would again end up in front of the same judge. Where does the buck stop?! Ayiyi.

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