Thread by @ScottHech

Just got that "I'm working night court tonight from 5pm-1am" public defender feeling. A mix of bummed, energized, ready, not ready, anticipatory exhaustion and rage.

Update: The feeling only intensifies as 5pm gets closer. Also learned that there are a “number of 16 year olds coming through” to be on the look out for tonight so I can inform our youth unit.

Say it with: 16. Year. Olds. Should. Not. Be. In. Adult. Court.

Harsh criminal laws that prosecutors then decide to apply harshly. Note: 14 and 15 year olds also come through adult court for certain crimes.

https://twitter.com/clareabel77/status/1139629156197654528?s=21

I try not to look ahead of time to see who judge in arraignments will be. It’s outcome determinative. Some judges you know will listen & more often than not act reasonably w/ a presumption of release. Others you know will nearly always set bail. Tonight, judge is in latter camp.

Just now prosecutor requested $7500 bail on a woman who punched her boyfriend *after* the prosecutor conceded he first punched her & pulled her hair. She called 911 & then waited outside for police to arrive. He was arrested too. Judge thankfully released her. Just offensive.

Took a quick break. Heard loud music. Laughter & cheers. Looked out window. A graduation party. It’s Friday night out there. Far cry from the misery of criminal court.

The smell of the cells behind the courtroom and “In God We Trust” is a putrid mix of fear, peanut butter & jelly sandwiches, feces, urine, & vomit with perpetually burning insence trying, but failing to cover it all up. It’s just inhumane.

I’ll tell you whats a glorious feeling: Having the prosecutor tell you that they are consenting to your client’s release. The judge will never question that. Means freedom. On the flip side, when they say they’re asking for bail, stomach drops. Rikers is possible, often probable.

While judges ultimately decide whether or not set bail, prosecutors are the real decisionmakers. They have the power to consent to release in any & every case. Or release subject to conditions. Their request is the single greatest determinant of what will ultimately happen.

Dinner break over. 3 more hours of night court. Burrito was a terrible idea.

Camaraderie among women held tonight. One of my clients just released borrowed my pen. Exchanged info w/ a younger girl & told her to call to continue the conversation. When I went back & met next client, first thing she asked was if previous client was released. “Thank god!”

Not at all abnormal for the women I represent to help each other through the ordeal. When I call out a name, there will be cheers for whoever is up next. It means they might going home soon after hours and hours of fear. Meeting someone who might be able to help them. Humanity.

It’s a slow night tonight. Thankfully. Barely any cases. I’ve represented 4 people so far. All released. Thankfully. This courtroom is packed though. 4 NYPD. 5 defenders. 4 clerks. 3 prosecutors. 4 court officers. 1 supervised release representative. 1 judge. 1 court reporter.

Just got home and in the wired wind down phase post-Court. So I have some energy left to let off some steam and share some ridiculous injustices that happened at the end of the night. Two people. Screwed by the system for not having enough money.

Met a young man tonight, who was attacked & called the police. When they arrived to arrest his assaulter, they also arrested him. Why? Police ran his name & a warrant popped up. *For failure to pay $550 in court costs & fines* for a 2017 arrest. He had been jailed for 10 hours.

Young man was arrested for DUI in 2017. Pled to a traffic infraction w/ a program & $300 fine. He got way more than he bargained for. Over the last 2 years he paid close to $2000, came to court over 9 times asking for more time to pay. And he *still owed over $500 as of tonight.

DUI traffic infraction comes w/ $750 “driver’s assessment fee” over 3 years. Mandated to do alcohol screening & 2 extra sessions for $750 total. Program he was sentenced to cost $185. For 2 days he missed, they assessed $40 each. On top of $300 fine, was a $255 court surcharge.

He did everything & paid for everything except for the fine and surcharge. After asking for extensions 9 times, he forgot to last month. He had just moved out of a shelter into an apartment w/ his family. Things were busy. Maybe it’ll just go away. Nope. Warrant. Arrested. Caged.

The judge working tonight is uniquely harsh when it comes to people failing to pay fines. I’ve seen him sentence people to Rikers at a taxpayer cost of over $800 per night for inability to pay a meager debt to the court. So I was scared he’d resentence this young man to jail.

Fortunately I reached his sister, who at 12am pulled together $550 in savings & raced down to Brooklyn criminal court. Judge agreed to release him only if she made it to court to pay. Fortunately she made it, she paid, & he was released. Everyone was very shaken. But relieved.

Last case of the night was brutal. Man accused of 2 offenses—a non-violent felony & misdemeanor—is now being held on $3500 bail. Even though I told the judge he could afford nothing. Even though 6 months from now the new NY bail law would mandate his release. Judge didnt care.

The judge wanted to punish my client. The prosecution even consented to him being released. A supervised release program was willing to work w/ him. Judge slowly looked thru his record. Then waved off supervised release & told me to argue why he shouldn’t set bail. Me: “Really?”

Pointed out: 1. His “warrants” were nearly all for failure to pay fines bc he is poor, not bc he didn’t appear in court. 2. In just 6 months, new law will require his release. 3. He has no wallet, money, or phone numbers. 4. It will cost taxpayers $800/nt to cage him. Bail: $3500

I got heated. Me: “You just violated the law by remanding a person to jail knowing he can’t afford the bail you set.” Him: “Watch it, counselor.” Me: “I’m just stating the law.” Man was walked back to cells in shackles. Head down. He’ll be jailed till at least Thursday. Furious.

Turned around & everyone—families in audience, attorneys, court officers—looked at me like they felt the injustice & anger. I had to go out in hallway and walk it off. I am going to file a writ of habeas corpus on Monday arguing that his bail is excessive & demanding his release.

Sleep time. I’ll leave you with this: Bail is only supposed to be incentive to show up to court. Not punishment. But in reality, bail is used by prosecutors & judges to punish poor people.
#endcashbail
#CloseRikersNOW

Update. Filed that habeas corpus writ yesterday. Just argued it. Prosecution continued to consent to release to supervision. And judge granted writ! He’s released! Met up with him in the jail & he was elated. Hugged me. He has court tomorrow. But he’ll be coming without shackles.

BAD NEWS: He's still locked up. For the last hours I've been on phone w/ DOC & Brooklyn House of Detention. No one knows what happened, but the jail where hes held claims they never got the fax (YES, THE FAX), from court. A clerical error may keep him wrongfully jailed tonight.

He’s. Still. Jailed! Just keep thinking about how elated he was after I told him he was getting out. How another judge ruled that the judge who illegally set bail on him had abused his discretion. When he knew he didn’t have to spend another night in that place. This is horrible.

UPDATE: He’s still jailed. I don’t have answers yet. Either the Court forgot to fax (yes, fax) the release paperwork. The fax never went through. Or DOC lost it. Whatever it is, a man who already was illegally jailed for days, has been illegally jailed for another one. Fuming.