A reader has posed the following question:
Do you think that it would be possible to get a running log on bad decisions in Wicomico District Court? We need to put the spotlight on this somehow. Unfortunately our S/A office won’t appeal any of his crazy rulings. Maybe we could request that the SA appeals, say, one case a month, so that the higher Judges may put pressure on him to use common sense. I know that they are busy with a huge case load, but I don’t know of any of his rulings being appealed. Maybe we can see about getting the ball rolling to get him impeached. I don’t know, but something’s got to be done.
The answer to that question is a lot more complex. Unfortunately the State does not have any right to appeal from a not guilty finding by a District Court judge. I know that if the State's Attorney could file appeals from more than a few decisions from the District Court, he would. In addition, some judges, including District Courtroom #1, hold suppression hearings in the middle of trial, which means that if the judge suppresses evidence after witnesses are sworn for trial, jeopardy attaches, and the State can't appeal from the suppression decisions.
I also know that the State's Attorney can, in very limited circumstances, file a Petition for Writ of Certiorari to the Circuit Court. Neither one of the above situations allows the State's Attorney to do this. Out of respect for his position, I'm not going to put words in the State's Attorney's mouth about when he can do this or when he might do this. From personal observation, I know that some of the Assistant State's Attorneys have suffered through difficult comments from one particular judge. Maybe one of the "big guys" in the State's Attorney's Office will put in some appearances in District Court, both to observe and to try some dockets. That might be somewhat helpful.
There is a Judicial Disabilities Commission that handles complaints about judges. That's an option, but I will let you know that it's almost impossible to remove a judge once appointed, particularly a District Court Judge. They are appointed by the Governor and confirmed by the State Senate. Their terms last ten years. To the best of my knowledge, no sitting District Court Judge from the Eastern Shore has ever been asked to step down from office.
Signed,
Crapper Cousel
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17 comments:
SA can not appeal from a case if there is a not guilty finding. It is not allowed by the maryland law. Nor is a judge going to be impeached simply because someone does not like their rulings. And where there is an appeal from the district court the circuit court judge doesnt care what the lower court did because the trial is de novo = new trial. anything that happened below doesnt matter and the case is heard all over again.
as far as suppression motions in district court, you will be hard pressed anywhere in the state to find a district court judge that holds motions before the case is heard, that is not how district court operates. if you find a judge that does it, it is simply because that is the judges' preference. and even still, once a witness takes the stand, even if for a motion, double jeopardy will still attach. in short, if you dont like what happens in district court then the solution is the cases shouldnt be tried in district. but keep in mind not every case qualifies for circuit court jurisdiction.
another thought of course is to get better SA in the courtroom who can respond to the motions raised by the defense.
Davis is soley responsible for the sad state of our once great county.
Maybe the SA could drop all charges in Dist Court rm 1, Judge Davis, and go grand jury on all cases for a couple of weeks. Of course a press conference would have to be done to let the public know what has been going on in his courtroom for 20 years or so.
The pulic has no idea, with the exception of career criminals and defense attorneys.
If all of the chief's, the fop and the prosecutiors go public about how bad it is in one courtroom, the judge would feel the effects. I doubt that any politician would have the nads to do this though.
Yes, it's important to have a qualified ASA in District Court fighting for cases. However, it's equally important, and maybe even more important, for officers to fully prepare before they come to court. Reports should be read ahead of time, and the officers must be able to clearly articulate what they did and why. If any officer has a problem with the way an ASA handles a case, he/she should ask to speak with the ASA when he/she has some time - not in the middle of court with that ASA looking at a stack of 25 or more cases left on the docket. Communication is everything - the more communication there is between the SA Office and the LE Officers, the better it is for all of us. With due respect to the anonymous poster, if a suppression hearing is held ahead of the trial, jeopardy does not attach to the case. However, I fully agree that most District Court judges hold suppression hearings in the middle of trial, and this forecloses appeals from the suppression ruling. Any finding of not guilty forecloses the possibility of appeal. Work with the ASAs, and they should work with you. If the ASA won't explain what happened and why, take it up with his supervisor. Let's make things better on the streets and in the courts. A case "ain't over" until the fat lady" (AKA Judge) rules. Arrest on PC doesn't always equate to proof beyond a reasonable doubt. Maybe the SA Office could put together a training on testifying in court, etc., which might also help.
Which Judge Davis are you referring to, Donald or Scott?
Davis Ruark, despite what your personal opinion may be of him, has no control over how courts operate at the judicial level (judges). He can only prosecute cases, or not prosecute cases.
He has successfully prosecuted several recent major cases that resulted in serious DOC time, including murderers. So, you have to give credit where credit is due.
Davis has always been a very competent prosecutor and he is not the "solely responsible" for the state the county is in currently. That laurel lies with Judges, Police, and mainly politicians and society's lack of criminal enforcement.
We are giving major points to Davis recently due to his recent criminal prosecutions of these skumbags and murders that are now behind bars for the rest of their lives.
Again, you have to give credit where credit is due.
Not sure if the short poster above meant Judge Davis or Davis Ruark, but regardless of which one, there is no one person who is responsible for what goes on in any county, it's the responsibility of all of us.
R. Scott (free) Davis was who I was referring to. Sorry for the confusion. I'm not on a first name basis with either of them.
And I disagree. The whole culture of being a criminal by trade, and knowing you can get away with it began here in DC Rm 1.
Communicate with ASA's?????!!!! Oh, you mean how they know absolutely nothing about your case until 10 min before it gets called?!!! What a joke!!! Give me an FN break. Communicate, That's hillarious. The SA's office is so unprepared for trials and court it should be illegal. I don't know how they sleep at night due to the amount of criminals walking because of their incompentence!!
We're supposed to be on the same team. They are way too understaffed to be prepared for each case.
I'm not saying that some A SA's are not in need of supervision, direction, or termination because they may be, but they get handed a crappy deck each day. 30 cases to worry about compared to the defense atty's one case.
Agreed that some ASAs need more supervision and guidance, partiularly in District Court. If they don't communicate with us, well . . . that's on them and maybe they should be terminated. Still think a call ahead of time to discuss a case that's important might be helpful, but hey, what do I know?
Whats the problem with the officers, deputies or troopers making contact with the States Attorneys office a day or so in advance of the trial? These cases are normally scheduled weeks in advance and the ASA assigned to that particular case/room are usually available and willing to discuss the case. COMMUNICATION.
Anon 11:47, I agree, I would also state that officer, deputies and troopers need to show up more then 5 minutes early or 15 minutes late. It works better if you take a stand show up prior to the asa getting there, confront them about your case and tell them how you feel. Dont just stand there and allow them to handle your case without your input. If your not satisfied with what the asa did, call davis or sam and tell them so. It will get back to the asa and most likely piss them off but F*** them at least they know then your not a push over. I did it and I get what I want most of the time.
Judge R. Scott Davis has passed his point of efficiency. Maybe years ago he had it, but it's long gone. With soap opera like explanations for EVERYTHING, long drawn out discerations about NOTHING, and horrible rulings on the the clearest of things. R. Scott get in the game, get back in it asap
He also treats people different depending on what they look like. If you've spent enogh time in there, you know what I mean.
I do not spend much time in the courtrooms but years ago it appeard that Scott (Blackie) Davis was sure to be the next Judge (take your toothbrush) Simpson. I am really surprised to hear this. What a shame. What a waste of what was once a good judge.
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