Presiding circuit judge updates local bar

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Greene County's Circuit Court judicial system is in "some of the best shape as we've ever been ..." Presiding Circuit Judge J. Miles Sweeney said to the Springfield Metro-politan Bar Association at its Feb. 20 meeting at the Tower Club.|ret||ret||tab|

By that he meant that there are sufficient judicial officers to handle the workload. But when he was sworn in as a judge to fill an associate judge vacancy in 1990, Sweeney said, he ob-served then that "we hadn't had a new judgeship in Greene County in a long time.|ret||ret||tab|

"And you know, that's still true. Mark Powell's job, the fourth associate, is the first new judgeship in Greene County in probably 20 years. And think how much Greene County has grown," Sweeney added.|ret||ret||tab|

What saved the county was the creation by the state legislature of the family court system, which included funding for commissioners who are just like judges, but aren't elected, and are specialists in their fields, Sweeney said.|ret||ret||tab|

Now Greene County has two family court commissioners, a probate commissioner and a drug court commissioner to take up some of the burden, he added. |ret||ret||tab|

The downside is that the commissioners aren't "utility in-fielders," Sweeney said, in that they don't have the same constitutionally-granted power that elected judges have. It would "sure be nice" if they did, Sweeney said, because they could help with traffic or small claims dockets.|ret||ret||tab|

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Specialty courts|ret||ret||tab|

The internal landscape of the courthouse also has changed, Sweeney said. |ret||ret||tab|

Visitors will notice signs with arrows pointing to drug court, mental health court, truancy court, teen court and CRISP, an acronym for the criminal reporting intensive supervision program.|ret||ret||tab|

Those courts represent "a new paradigm" in the judicial system and change it from being adversarial and punishment-oriented to one that tries to solve root problems, such as addiction and unaddressed psychiatric, psychological or societal issues.|ret||ret||tab|

Although he hasn't handled a criminal docket in a long time, Sweeney told the lawyers that he recalled the surprising number of "people in the criminal justice system that had both substance abuse problems and some kind of mental health is-sues. It's very common and very tough to deal with."|ret||ret||tab|

The creation of Drug Court, at the urging and under the direction of Circuit Judge Calvin Holden, diverts non-violent drug offenders who aren't dealers from the criminal system.|ret||ret||tab|

"Instead of being the adversarial system of defendant and prosecutor, everybody works together," Sweeney said. The offenders have to appear before the judge and talk face-to-face with him on a frequent basis to explain their situation and pro-gress. |ret||ret||tab|

The judge has the power to immediately jail them if they violate the program rules, or to praise them in open court for progress "a carrot and stick system," Sweeney said. "I can assure you that you will all agree that's a far cry from the normal judicial process." |ret||ret||tab|

Mental Health Court is modeled the same. It includes case managers to keep those with mental health issues coming back to court when they are required to be there.|ret||ret||tab|

Many aren't responsible enough because of their illness to keep up with treatment or even to take their medicine in order to stay straight, Sweeney said. There's a team for that defendant, too, he said. |ret||ret||tab|

In Truancy Court, a voluntary program, Judge Powell meets with families and their children who have problems attending school. Similar programs in other cities have "had some excellent results in keeping kids in school and graduating."|ret||ret||tab|

Teen Court, run out of the juvenile office, is "quite a lively program" where juvenile offenders have trials with punishment decided by a jury of their peers. A judge, or a lawyer serving as judge, decides the issue of innocence or guilt. "Then the offender goes and sits in the jury and helps try somebody else." |ret||ret||tab|

CRISP is a "catch-all program for those who don't qualify for drug court ... mental health court ... and need more intensive supervision than just by probation officers," Sweeney said.|ret||ret||tab|

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Web site|ret||ret||tab|

Sweeney said the courthouse's new Web site is "virtually complete" and will go to a couple of law firms as pilot sites shortly. It will be monitored for a few weeks and then put out on the Internet "as soon as we shake the bugs out."|ret||ret||tab|

Greene County hasn't signed on with the statewide Banner system because it's not working well yet, Sweeney said.|ret||ret||tab|

The Web site will have the same information as the public access computer in the courthouse a complete index from 1989 of parties to litigation and the accompanying docket sheets.|ret||ret||tab|

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Presiding judge duties|ret||ret||tab|

Sweeney said the public misunderstands his role as presiding judge.|ret||ret||tab|

"I'm not the boss of all the judges," nor would he want to be. He said trying to make judges do anything is like "trying to carry bullfrogs in a wheelbarrow ... or like herding cats ..."|ret||ret||tab|

His work is purely administrative and often details are handled by Sandy Stanfield, his secretary. But as the county has grown, the duties have too. So Sweeney is implementing a new system of committees to make recommendations about specific problems, to be made up of judges and lawyers who have particular concerns. |ret||ret||tab|

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Jury system changes|ret||ret||tab|

Sweeney reported that the new computer jury-summoning system works well.|ret||ret||tab|

It gives potential jurors enough notice that they can ask to postpone their jury service time to more convenient times.|ret||ret||tab|

Changes in the law last year allowed Greene County, to redistribute the jury funds so that jurors donate their time for the first two days, but on the third day are paid $50 a day and each day thereafter. A week-long or two-week trial "results in a substantial paycheck," Sweeney said. And since the old allotment was only $6 a day plus mileage, the jurors weren't getting much to begin with, he said. |ret||ret||tab|

With the change in compensation, Greene County now allows jurors to end their service after one trial, or two days of service. |ret||ret||tab|

It used to be that jurors were called in for several weeks, sat through initial questioning and often were just sent home. |ret||ret||tab|

But since the average criminal trial is only one day, if a juror serves for that day he is done. If he shows up twice for service and doesn't get chosen, he's done. |ret||ret||tab|

The system spreads jury service among more people and for a shorter period of time. [[In-content Ad]]