"It Is Not Jeopardy You Know"

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Jim O'Bryan
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"It Is Not Jeopardy You Know"

Post by Jim O'Bryan »

This morning I had the good fortune to head on down to City Hall to speak with a couple people and stopped by Lakewood Municipal Court. You know Lakewood Muni Court and Judge Patrick Carroll might be two of the most misunderstood institutions in Lakewood. Both here to keep us safe and on the straight and narrow. The biggest problem with the misunderstanding is that court comes farther down the line in the "broke law, caught, time to pay" assembly line of justice.

They say justice is blind, and in Lakewood courts it appears to be, but it can be downright funny at time. In the past I have sat through Court when I had to be there. I have sat through court to see murders on trial. I have been to court to see people who have building problems pay the fine or address them. Judge Carroll has doled out fair justice honestly and fairly, with patience and often humor. Yes humor.

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Judge Patrick Carroll on the trial that got him and the Lakewood Observer in the "National Enquirer!"

In my many days in Building Court I have seen Judge Carroll ask the person charged with violations why they happened, how they happened and how they intend to remedy the problems. I have often seen him go over charges slowly and in depth, explaining the many issues arising from the charges, and what could happen if the person does not take care of them. If I have heard him say once I have heard him say one-hundred times, "The fine for this is $450, you realize if you put that money into your house, or property, you would not be here in court. If you are back it will be one-thousand dollars. Wouldn't you rather put that into fixing the problem than coming back to court?" It seems like a more than fair response from the bench.

Today, Judge Carroll started off as he does most days explaining the pleas, "Guilty, Not Guilty and No Contest." It is worth everyone listening and understanding. Then the reminder to turn off all phones, yet there is always one that goes off later. "Please have your driver's license, and proof of insurance ready and hand to the bailiff and we can get all of this done pretty quickly. For those not familiar with the process, "Guilty" means you are admitting to the charge. "Not Guilty" means you are contesting the charge, and it is bound over for trial. "No Contest" means you are admitting the guilt, but feel there is a story behind why, and also the charge cannot be used later against you. He advises everyone that is involved in an accident to plead not guilty. Which means the other person cannot use your plea against you in court later. Judge Carroll warns, "We are recording everything, anything you say can be used against you at a later date."

Throughout the morning, phones go off, people are called up, some without driver's licenses or insurance ready to hand to the bailiff, but slowly and surely Judge Carroll makes it through a packed court room. Listening to stories, not just letting people talk, but listening and asking questions. He takes the time to ask about personal life, if they think they have a substance abuse problem. Reminding them there are public bathrooms at every drive thru restaurant and bar. That it is never proper to use the n-word let alone screaming it at a person at midnight, and explaining and re-explaining the 3 pleas, and what they mean. All with a sense calm and patience that never belies his 27 years serving as Lakewood’s Chief Magistrate. That is roughly 7,000 days of listening, explaining, and hearing some pretty wild and some pretty lame excuses that I am willing to believe would bore most people to death. But Judge Carroll never seems to flinch, lose his temper, or miss a beat.

“Ma'am, how do you wish to plea?”

“Sir, I really do not want to come back, I am busy with family.”

Judge Carroll: “Understood, but how do you wish to plea?”

“If I plead not guilty do I have to come back?”

With a calm sincere voice Judge Carroll explains, “Yes, if you plead not guilty it will be bound over for trial and you will have to come back to court.”

The woman, who had been sitting in court for over an hour listening to everyone before her said, “Well your honor, I want to get this over with but I want to explain what happened because I do not feel like I am guilty. “What happened was--”

Judge Carroll stopped her immediately and said, “I want to remind you that everything you say can and will be used against you. I want to remind everyone in the courtroom that just like all of those police and court shows on TV, you have rights not to incriminate yourself.” And he patiently goes back to the woman standing in front of him.

And she says, “OK I understand, may I ask in the form of a question then?”

Judge Carroll with a smile and an opening a mile wide looks down and says, “Ma'am, I have to warn you, we are not on Jeopardy you know.”

The entire court room erupts in laughter. While the woman who is also chuckling says, “OK, I want to plead not guilty.”

Pat smiles and looks down and assures the woman, “If you need to schedule around your family, let the courts know and we will do everything in our power to help you out.”

“Bailiff, who is next?”

Again the reason I am writing this is because I understand the fear, the apprehension that comes with any brush with the law. But here in Lakewood we not only have a fair and just group of hardworking professionals in the police department, but that extends all the way through the system, right down to the bailiffs and our Judge of 27 years, Patrick Carroll.

Good work all.

,
Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
His Holiness The Dalai Lama
Richard Baker
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Re: "It Is Not Jeopardy You Know"

Post by Richard Baker »

With all due respect to "Municipal Courts" many states have eliminated these courts and Justice's of the Peace because revenue and justice were at always at odds and revenue prevailed. My grandfather was a JP in Texas and I remember him telling me after I ask if the state troopers caught a speeder brought them into his court how did he determine if the driver was guilty. His response was simple, I trust my troopers and everyone is guilty up to the point of being fined for court costs. The City of Lakewood municipal court is as corrupt as my granddads court, its all about revenue. That is why many states have eliminated the Municipal Kangaroo Courts and transferred the docket to county courts to hear the case where a little semblance of justice that still prevails.
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Jim O'Bryan
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Re: "It Is Not Jeopardy You Know"

Post by Jim O'Bryan »

Richard Baker wrote:With all due respect to "Municipal Courts" many states have eliminated these courts and Justice's of the Peace because revenue and justice were at always at odds and revenue prevailed. My grandfather was a JP in Texas and I remember him telling me after I ask if the state troopers caught a speeder brought them into his court how did he determine if the driver was guilty. His response was simple, I trust my troopers and everyone is guilty up to the point of being fined for court costs. The City of Lakewood municipal court is as corrupt as my granddads court, its all about revenue. That is why many states have eliminated the Municipal Kangaroo Courts and transferred the docket to county courts to hear the case where a little semblance of justice that still prevails.

Richard

I have never heard that Lakewood Muni Court, what alone Judge Carroll are "corrupt." I have found it far from that. While your grandads court might have been corrupt. I have watched Judge Carroll rule favorably, again and again if the person shows contrition and an understanding on what is going on. If the person is a good law abiding person without record, or good reasoning I have seen him cut fines, sentences, show leniency. I have also witnessed him work to get people into treatment when needed and do a good amount of follow up. Something that I would think would be harder on a county level, though I could be wrong.

When I sit in Lakewood Muni Court it gives me a feeling of the Mayberry RFD side of this city. A city with the same density of LA, actually Watts, but the mindset of Mayberry RFD. Where people know about each other and look out for each other.

Today, while I was there 5 people plead not guilty, 10 pleaded no contest, and depending on what happened were fined varying amounts based on a number of reasons, and some plead guilty and also were fined based on varying reasons. I would find it hard to call it "all about revenue."

.
Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
His Holiness The Dalai Lama
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