Introduction
Whereas litigation is only one of the many professional affiliations associated with legal studies, it is by far the most specific and recognized. Indeed, it is the aspiration of most legal students, including myself to one day stand in the court of law, represent a client and if possible win the cases. On the alternative, I would also sit in a court or tribunal to hear and determine cases. Unlike other theoretical courses, litigation is more of a practical approach issue. Its acumen can, therefore, best be honed through a practical experience apart from normal theoretical studies in a classroom. This was the premise of my great excitement as I headed to the Isabella County Trial Court to attend actual court proceedings from the audience.
Experience at the Criminal Division
The first courtroom that I attended was in the criminal division where Chamberlain J was presiding. As we walked in, arraignments were taking place for seemingly misdemeanor offences. The defendants were quite a number and their movements were carefully regulated by uniformed court orderlies. Many of the defendants were however, neither cuffed nor in uniform. One by one, their names would be called and the charges read out. A few defendants had brought counsel to court but most relied on officers from the public defender who were seemingly overwhelmed.
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Unfortunately, it was not possible to tell what those who brought counsel were being charged with since as soon as their names were read, their respective counsels would stand, introduce themselves and seek for a waiver of reading and the entry of a plea of not guilty. They would also make verbal applications for the defendants to be released on personal recognizance. If these applications were not opposed by the representative of the District Attorney, they would be allowed. If opposed, the particular cases would be placed aside for the issue to be canvased later.
After the arraignments which took quite some time, a matter for probable hearing was called out. The defendant, an African American, was brought in looking sharp in a suit and a tie. There was no jury present during this proceedings and everyone addressed themselves to the judge. The argument was centered around a search that was conducted on the motor vehicle of the defendant. A kilo of cocaine was retrieved from the hood of the car after a search during a random stop. The arresting officer who was the first witness on the stand and led by the ADA explained the course of events through to the arrest. During cross examination however, he admitted that there was nothing suspicious about the car or the accused person that could have resulted to the search. The short hearing came to a halt and the parties were asked to file their respective skeleton arguments with a ruling date being set. This court was adjourned and I walked out to look for another court.
Experience at the Probate Division
The Probate court, where Honorable Ervin J presided was exponentially different from the criminal court. The courtroom was almost empty with a motley collection of people seated close to the front. There was only one uniformed orderly as opposed to the army in the criminal court. There was a witness on the stand, who was carefully going through a list which the court and both counsellors were also carefully perusing. The matter in issue was clearly of a monetary nature as different amounts varying from hundreds of dollars to tens of thousands were referred to. After several minutes of examination of counsellor after completion of the list, the witness was also extensively questioned by the presiding judge.
Indeed, at some point it seemed as if the judge was cross examining the witness. There were however, a few polite interjections by the other counsel seated across from the one who had examined the witness before. Finally, the counsellor who had made several interjections stood and examined the witness for some time, continually referring to the initial list. A clear divide seemed to be getting forged. The initial counsellor and the court seemed to believe that some figures in the list were not adding up. The second counsellor was clearly representing the witness who was the administrator and was giving an account. It was the intention of the witness with the help of his lawyer to establish that the accounts were in order. Finally, the witness was called off the stand and the matter set for ruling on notice.
Summary of Experience
The first major impression that I got from the experience of court was that courtrooms were like hallowed places. There was a form of solemnity in the way proceedings were conducted. This was clearly visible even in the seemingly chaotic scene of criminal arraignments. The second impression that impacted me during the visit was that court proceedings were actually real. When you study case law repeatedly by studying facts and comparing them with the findings, it is easy to begin to consider it as some form of a sport.
However, in the Criminal division, when I saw men in tears after their charges had been read, when I saw others with tears of joy when they realized they did not have to spend the night in remand, and when I saw defendants taking careful looks at the galleries and acknowledging the supporting looks of their loved ones, it all looked so real. An element of respect for the law, the process of litigation and officers of the court resulted. These officers are called on to decide the interim and permanent destinies of other human beings. Finally, my resolve to be a litigator was enhanced. This was premised on a desire to see to the ends of justice. Given a choice between the bench and the bar however, I would pick the bar. This seemed to be the place where most of the actions take place with the bench acting as an umpire.
