On the other hand . . . .
We have the continuation of a post conviction hearing set for tomorrow, but learned that our attorney witness is in trial. So, we took the time today to let the court and opposing counsel know that it needed to be continued.
Everyone was appreciative, as it freed up their Friday afternoon.
So easy just to let the different players know what's going on, so time and days of work aren't wasted.
Thursday, December 2, 2010
Courtesy (or lack thereof) for people with jobs
So, we have a 23 year old female client with no priors who has been incarcerated more than 60 days on a $100,000 cash bond for a C felony. Ridiculous bond, ridiculous charge, and a bond motion that's been pending for two months and set for hearing for a month.
We have our client's family take off work to attend the hearing, check casenet to make sure the hearing is still set (since you never know) and show up and . . . .
Seems the court has a trial that's been going all week and . . .
No one bothers to tell the parties that the bond hearing will have to be continued.
So, those people who have a real job that they have to take off for so they can go to court for a hearing set a month ago . . . miss a day of pay and will miss another when the new hearing is set.
The client? The rule that bond motions are to be determined promptly?
We have our client's family take off work to attend the hearing, check casenet to make sure the hearing is still set (since you never know) and show up and . . . .
Seems the court has a trial that's been going all week and . . .
No one bothers to tell the parties that the bond hearing will have to be continued.
So, those people who have a real job that they have to take off for so they can go to court for a hearing set a month ago . . . miss a day of pay and will miss another when the new hearing is set.
The client? The rule that bond motions are to be determined promptly?
Monday, November 15, 2010
More Republic of Jackson County
Another day, another excuse. While in the rest of the state, prosecutors are required to file a response to a motion within 10 days, I heard yet another interesting exception in the Republic of Jackson County.
A motion to dismiss and notice of hearing was mailed to the prosecutor on November 2. A copy was received and filed by criminal records on November 4. The hearing was set for November 15 at 1:30 p.m.
No response filed by the prosecutor, but a new Court Rule was suggested by the prosecutor. The prosecutor was out of town and didn't get back until November 8. Since he didn't get the motion until November 8, no response is obviously due until November 18.
Did the prosecutor request an extension? No.
Did the prosecutor call defense counsel? No.
Was there a hearing? No.
Do the Supreme Court Rules apply in Jackson County? No.
A motion to dismiss and notice of hearing was mailed to the prosecutor on November 2. A copy was received and filed by criminal records on November 4. The hearing was set for November 15 at 1:30 p.m.
No response filed by the prosecutor, but a new Court Rule was suggested by the prosecutor. The prosecutor was out of town and didn't get back until November 8. Since he didn't get the motion until November 8, no response is obviously due until November 18.
Did the prosecutor request an extension? No.
Did the prosecutor call defense counsel? No.
Was there a hearing? No.
Do the Supreme Court Rules apply in Jackson County? No.
Subscribe to:
Posts (Atom)