21st Century Summary Court

Transcription

1 Greenville Municipal Court 21st Century Summary Court Overview

2 Our Court Justice for All A fair, accessible and efficient court creates positive relations among its citizens and between the individual citizen and the City of Greenville. Public trust and confidence that Greenville Municipal Court provides accessible, fair and accountable proceedings is, in turn, naturally enhanced by an effective and efficient system. A sound justice system enables positive economic growth and healthy social development. WHO WE ARE Working in partnership with our stakeholders to continuously enhance our reputation for accessibility, professionalism, performance and earn the public s trust while delivering quality services for people who live in, work in, and visit the City of Greenville. Our culture is based on an unwavering belief in integrity and fair dealings, treating all and each other with dignity and respect as we strive for excellence. VISION An independent, accountable, and responsive Greenville Municipal Court will administer justice, ensure access to the Court and deliver effective, uniform and consistent services to all of its stakeholders. MISSION The mission of Greenville Municipal Court is to serve the interests of justice and its stakeholders by resolving matters brought before it in a fair, timely, efficient and open manner.

3 Municipal Court Organization Greenville Municipal Court is a service system designed to deliver services to its internal and external stakeholders. Two designated areas of service co-exist within the Court Judicial Services and Court Services. Services fluctuate on a stakeholder continuum that ranges from high stakeholder contact to low stakeholder contact during the creation and processing of its services. The Court s Judicial and Court Services system evolution requires integrating technology, business model, socialorganizational and demand innovations in order to meet the needs and/or demands of its stakeholders. Judicial Services Judicial Services are conducted by either the Municipal Judge, Associate Municipal Judge or Ministerial Recorders acting on behalf of the Municipal Judge. Ministerial Recorder Stakeholders 1 Arrest Warrants issued for a Defendant not in custody are Forwarded to GCWD to be Entered into a central database Used by County & City Defense Attorneys Warrant Division Defense attorneys May request to Be present while processing Ministerial Recorder Officer investigates an incident And either makes an arrest or needs An arrest warrant issued for Picking up a Defendant Greenville City Police Department Bonding Companies MRs provide information and post Bond information from bonding companies MRs provide general information For jailed defendants families, Friends or other in regards to Posting bond, court dates, etc. If a defendant has been Taken into custody, the MR Sets bond and determines If defendant goes to jail Or home If the defendant is jailed or released, [s]he must be processed and/or Housed for either court appearance Or until bond is posted General Public If the case is a state-level case, The MR transmits the case To General Sessions Defendants Detention Center General Session Court 1 NOTE: The figure is not all inclusive with the internal/external stakeholders of Judicial Services. It is an example of the direct/indirect impact of services provided.

4 Municipal Judge and Associate Municipal Judge Stakeholders 2 Judge may sentence a Defendant to jail directly From the courtroom Greenville City Police Department Judge hears cases made by GPD officers And determines guilt/innocence with Respective sentencing, if applicable Detention Center Greenville City Warrant Division Officers provide security for The Court and transport Defendants to/from the GC Detention Center Municipal Judge Associate Municipal Judge Assistant Presiding Judges Judges decisions are Captured in the CMS Processed during bench Trials, jury trials and Preliminary hearings Court Services Judge will hear from victims, Witnesses, family members Friends in proceedings Judge will hear from defense Attorneys during proceedings Defense Attorneys General Public Defendants Judge determines outcome of case And respective renders sentences, If necessary Bail proceedings are frequently the first contact between the defendant and the Court s Judicial Services staff member. Ministerial Recorders determine if the individual will be released on his/her own recognizance or if it is necessary [s]he posts bail to be released. Ministerial Recorders cannot determine guilt or innocence in a case. They are judicial officers who can conduct arraignments and set bond. Cases submitted to Greenville Municipal Court are heard by the Municipal Judge, Associate Municipal Judge or Assistant Presiding Judges. Judges have the power and authority to conduct bail proceedings and other responsibilities delegated to the Ministerial Recorders. Municipal Judges preside over bench trials, jury trials and preliminary hearings. 2 NOTE: The figure is not all inclusive with the internal/external stakeholders of Judicial Services. It is an example of the direct/indirect impact of services provided.

5 Court Services Court Services are conducted by the Clerk of Finance, Clerk of Operations, Court Services Coordinators, and Court Service Associates. Court Services is responsible for caseflow management, cash receipting, and maintenance of all court financial and operational records. Clerks of Court Stakeholders 3 South Carolina Court Administration Reports financial and Operational information As required Act as agents on behalf Of Municipal Judge and Serve as Management Team members SC Department of Revenue Reporting monies for Monthly disbursements Information exchange processing Month s end disbursements, Daily deposits, payroll audits, budget, etc. Provides information as Submitted by various case Parties, individuals, media, etc. City of Greenville Office of Management & Budget Municipal Judge Case information exchange To process defendants on Behalf of Municipal Judge Clerks of Court Provides support by Signing documents As necessary General Public Provides assistance and Clarification on records Disposed in Municipal Court Detention Center Greenville City Police Department Records Division The Clerks of Court are agents of the Municipal Judge. It is the responsibility of the Clerks of Court to oversee the court s operations and financials. Clerks of Court supervise Court Services Coordinators and Court Services Associates. They also serve as Management Team Members. 3 NOTE: The figure is not all inclusive with the internal/external stakeholders of Court Services. It is an example of the direct/indirect impact of services provided

6 Court Services Coordinators & Court Services Associates Stakeholders 4 Provides support and assistance In all daily activities of the Court City Attorney s Office Provide information and Assistance regarding cases On jury trial docket Clerks of Court Provide information and Assistance regarding cases Being processed Defense Attorneys Municipal Judge Associate Judge Assistant Presiding Judges Provides support and assistance For cases heard in the courtroom Or other issues needing resolution Court Services Coordinators Court Services Associates Provide information and Assistance regarding cases Being processed Law Enforcement Agencies Information exchange regarding Providing general information Cases heard in Municipal Court Without giving legal advice And assigned to alternative sentencing By Judges Information exchange regarding Cases heard in Municipal Court Alternative Sentencing Agencies General Public Detention Center Court Services Coordinators are team leaders having wide-ranging knowledge and experience of the Municipal Court system. They assist in providing guidance, instruction, direction and leadership to all staff members assigned to Financials, Courtroom Processing and Records Information Management. Court Services Associates are team members having various ranging knowledge and experience of Municipal Court. These individual conduct daily financial/operational tasks including, but not limited to: Customer Service, Caseflow Management, Records Information and Cash Handling. 4 NOTE: The figure is not all inclusive with the internal/external stakeholders of Court Services. It is an example of the direct/indirect impact of services provided

7 Municipal Court Management & Leadership Team The Management and Leadership Team consists of the Municipal Judge, Clerk of Finance, Clerk of Operations and the Associate Municipal Judge. Team members are required to deal with surprises, describe the unknown, predict the unpredictable, anticipate the nameless and anonymous, organize the chaos, and step in places where others fear to walk and stay possible and hopeful no matter what the circumstances. Municipal Court Management/Leadership Team Greenville Municipal Court Management/Leadership Team Matthew R. Hawley, Jr. Municipal Judge Diana P. Brock Clerk of Finance Pamela A. Larson Clerk of Operations Pamela P. Fulbright Assistant Municipal Judge The combined experience of these individuals exceeds more than 80 years in various fields of the criminal justice and judicial systems. Leadership and Management are not synonymous terms. Leadership deals with the overall picture and moving towards the future. Management deals with the day-to-day responsibilities on how to get there. Under the leadership and management of the current team, Greenville Municipal Court is a leader in its area of expertise and continues to move forward, in the right direction and achieving its goals and objectives along the way.

8 Overall Municipal Court Business Process Overall Municipal Court Business Process Police Department Judicial Services Support Services City Attorney An Officer either observes a violation occur or must conduct an investigation from a complaint with City Limits. Courtesy Summons Ministerial Recorders issue Arrest Warrant Deputy Clerks enter Courtesy Summons into CMS If defendant requests jury trial, case information is transferred to Prosecuting Attorney s CMS Courtesy Summons or Arrest Warrant Arrest Warrant Ministerial Recorder is responsible for processing necessary paperwork & entering information into CMS Deputy Clerk prepares respective dockets with case files and courtesy summonses Prosecuting Attorney begins communicating with pro se defendant or defense attorney Ministerial Recorder forwards respective paperwork to GMC upon release/court appearance or to GS if state case Cases are processed according to disposition, jury trial request, or preliminary hearing Schedules & conducts pre-trial conferences prior to Jury Trials Bench warrants for Failure to Appear or Failing to Comply submitted to Police Department for service Deputy Clerks issue bench warrants for failing to appear, failing to comply or NRVCs Negotiates or prosecutes cases Provides Court with disposition information MUNICIPAL COURT: JUDICIAL SERVICES & COURT SERVICES The above cross-functional workflow diagram shows how the Court directly interacts with Law Enforcement and the City Prosecutor. The Court is a partner in the judicial system with these agencies; however, it must remain neutral in its dealings with all case parties (e.g., officers, prosecutors, defense attorneys, defendants, witnesses, victims, etc.).

9 Proceedings within Municipal Court Greenville Municipal Court is a summary court within the South Carolina Judiciary. The proceedings are less formal than those in General Sessions or Family Court; however, court rules and requirements remain intact. Bench Trial A Bench Trial is a proceeding with the initiating/arresting Officer prosecuting the case and the Presiding Judge determining guilt or innocence and imposing sentencing, if applicable, after hearing from all parties involved. High-Level Bench Trial Process Judge enters courtroom If defendant needs counsel appointed, presiding judge screens defendant and completes form Judge hears from the officer and any victims/witnesses Judge makes a statement including name, name of court, jurisdiction, overview and asks if defendants need a continuance or counsel appointed Courtroom clerk calls the case and asks defendant how [s]he pleads Judge hears from the defendant and any witnesses If defendant needs a continuance, the courtroom clerk provides new court date Defendant pleads guilty or not guilty Judge determines guilty, not guilty, judicial dismissal Judge imposes sentence, if applicable

10 Jury Trials In a Jury Trial, the jury determines guilt or innocence. In Municipal Court the Assistant City Attorney prosecutes the case on behalf of the initiating/arresting Officer. Generally, defense attorneys represent the accused; however, defendants may elect to defend themselves as pro se. The Presiding Judge determines sentencing, if applicable. High-Level Jury Trial Process Defense Attorney or Defendant requests a jury trial Prosecution makes opening statement Witness is excused After both sides have presented their cases, the prosecution may offer rebuttal to the defense s case The case is scheduled on the jury trial docket Defense makes opening statement or may choose to wait until prosecution makes case Presiding Judge requests the prosecution call another witness or rest its case After closing arguments are made, the judge instructs the jury on the law The case may be scheduled for a Pre- Trial Conference with Assistant City Attorney Prosecution calls and questions witnesses Defense may ask for a direct verdict if believed facts did not prove guilty beyond a reasonable doubt Jury deliberates the case If the case is not resolved in a Pre Trial Conference, it is set for trial by jury Defense may crossexamine witness testimony If the motion for direct verdict is denied, the defense may make opening statement and call its first witness Jury provides verdict of guilty or innocent At the beginning of the trial, the judge states the nature of proceeding and requires all parties to take an oath Prosecution may redirect examination Witnesses are treated the same during defense as during prosecution Presiding Judge enters sentence, if appliccable

11 Preliminary Hearings Defendants charged with state-level offenses have a right to a proceeding where a review of the facts is presented to determine if the State has enough proof to believe the Defendant committed the alleged crime, whether or not the Defendant should remain in jail and if a trial should take place. High-Level Preliminary Hearing Process The Presiding Judge begins with a reading of the charge against the defendant After the State s evidence has been presented, the defendant argues proof does not exist The State (law enforcement officer or Solicitor) presents its evidence of proof If the Presiding Judge is not satisfied proof has been shown, the defendant is to be released from custody If the Presiding Judge is satisfied by the State s proof, the defendant is bound over for trial and either released on bond or jailed until trial Defendant has the right to crossexamine any of the State s witnesses The charge may still be submitted to Grand Jury for indictment consideration