2/5/2008 6:26:00 PM
CourtWatch prints first report
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by Cid Standifer
The new CourtWatch program in Jo Daviess County released its first quarterly report in January.
The report covers observations of domestic violence and sexual assault cases between Sept. 25 and Jan. 8, of which most were hearings or status reports. Observers gave the court good reviews for professionalism, making sure defendants knew their rights, and the helpfulness of courthouse staff. Proceedings received poor marks for lack of audibility and for starting unfailingly late.
The program is run by a four-person steering committee that consists of retired lawyer Jim Mahoney, Choices executive director Carrie Altfillisch-Melton, Riverview Center executive director Josh Jasper, and Galena Gazette editor Jay Dickerson.
The organizers gained volunteers by spreading awareness through word of mouth, and gleaned many observers from the Galena's Rotary Club and the League of Women Voters. All participants went through a five-hour training session on Sept. 19 that covered the dynamics of domestic violence and sexual assault, and walked them through criminal court procedures. They were introduced to State Prosecutor Terry Kurt and given a tour of the court house. By Sept. 25, observers were already taking cases.
Volunteers were taught to fill out observation forms scoring certain aspects of the trial. On this round of hearings, they were asked to award one to five points (one being poor and five being excellent) for professional demeanor, preparedness, audibility, and effective presentation.
Out of the 28 reports that CourtWatch received this quarter, professional demeanor received an average of 4.58 points, preparedness 4.08, effective presentation 4.33, and audibility 2.89.
Other than that, the observers were more or less turned loose to see what they could.
"It's very exciting to see them come into understanding the process," said Altfillisch-Melton. "We like to keep them independent."
According to Altfillisch-Melton, the steering committee plans to be more of a reporting agent for the observers, and allow them to track and report on whatever they find to be important issues. For example, she has already heard from observers who would like to start keeping track on continuances, and whether there's a correlation between the number of continuances and the outcome of a case.
Continuances have become a pet peeve of Ellen Wittenbrink. In a session that gets "continued," the only thing that happens is the setting of a later date for the hearing or pre-trial to be held.
The case that Wittenbrink is in the process of observing has been continued nine times. "Lots of times you don't really know why it's being continued," she said. "And in a case like a sexual assault case, when it's being continued and continued, if I were a victim I would get really tired and might even give up on it."
Observer Vicki Simone saw similar problems. Of the three sessions she observed, in one she couldn't hear anything the judge or attorneys were saying. One hearing lasted a minute and a half, and the longest was three and a half. Whatever happened between the judge and lawyers in those sessions, she said, "It certainly wasn't worked out in court."
This was particularly irritating when combined with how late the sessions usually started. "If a court is scheduled for one o'clock, sometimes it doesn't commence until 2:15," she said. "I think this is unusual compared to what I've seen in Kane County."
Simone has the advantage of having participated in a similar program in her previous hometown. While she finds the late starts inexplicable, she said that Jo Daviess courts did better than Kane County in other ways, namely in making sure the defendants were well-informed of court procedure and their rights.
Wittenbrink agreed. "One of the things that impressed me the most first time I went was that the judge would keep repeating what the defendant's rights were," she said. "Obviously, it's innocent until proven guilty."
Wittenbrink hasn't found the role of observer exactly fun or entertaining, but she says she has learned from it. "I didn't seem to know even if (sexual assault and domestic violence) was going on in Jo Daviess," she said. "I knew it was going on, but sometimes we like to pretend that it isn't."
Simone isn't sure she's seen enough yet to effectively judge how well the Jo Daviess courts are functioning, since the sessions she's seen have been short and uneventful. "I'd like to see a trial," she said. "That's going to be a whole different situation."
She may get her chance before the next quarterly report comes out. Kevin Sevey of Hanover is scheduled to stand trial for criminal sexual abuse on Feb. 19.
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