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Justice Court Can be a Lifesaving Experience
System in Putnam, though strained, strives to be a positive experience for young
by Edward Paul Greiff
What prompted this story is a father's recent anguish over his incarcerated mentally ill son and the young man's banging his head on the walls of his cell as a reaction to jail and withdrawal from his medication. The last thing a parent wants to see is their son or daughter in jail and charges attached to their child's record for life.
Generally you think of the role of a judge, police officer, prosecutor, lawyer, and the court system in general as all working to arrest and prosecute offenders of the law. Seldom do you think of "The Court System" as a life saving device as you would a Fireman, EMS Technician or Doctor. But after sitting on the bench with Carmel Justice James F. Reitz during his July 18, 2006 court session at Carmel Town Hall, and sitting in on his private family hearings it became evident that Judges are saving lives as they was dole out sentences.
For his special sessions with parents and kids Judge Reitz volunteers his time, and with the cooperation of parents, together they try and get the kids to graduate high school, stay out of trouble, and turn their lives around without having to spend time in jail.
Accomplishing this life-saving, life-altering experience is not an easy task and many factors outside of the Judge's control enter into the picture. For example on Tuesday, July 13, 2006 the PCN&R spent the day in Putnam Valley's Justice Court where Judge Louis DiCarlo presided. The court calendar for that day listed 33 cases to be heard and they ranged from Rape, Assault, and Grand Larceny, to Burglary, Drugs, and Probation Violation and much more. It was a busy calendar filled with a wide variety of complex cases.
Judge DiCarlo announced the court was in session and leaned forward in his chair and looked directly into the eye's of the defendant standing in front of him and said, "Mr. [name] please raise your right hand, do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?"
The defendant raises his right hand only a few inches above his waist, he's restrained because of the handcuffs and shackled chain restraints he is wearing and says, "I do."
Sheriff's Deputies stand beside the five defendants brought in from the Putnam County Jail. Four of the defendants were wearing their gray prison uniforms and one young man was wearing a nice blue suit, shirt and tie. The charges ranged from Rape, Sex Crimes, and Aggravated Assault, to Burglary, and misdemeanors.
Some criminals, because of the severity of their crime or because they had two prior offenses, were not allowed bail. Other defendants had their bail set at up to $25,000 cash. If a defendant can not make bail they remain incarcerated.
Other defendants came before Judge Dicarlo that were not incarcerated and who were out on bail, their own recognizance, or on probation. Some had private lawyers, some had Legal Aid Society attorneys and others defended themselves. After the fifteen criminal cases were dispensed with, Judge DiCarlo rendered decisions on another ten civil cases. Over twenty-five cases were heard during the three and a half hour court session.
The New York State Court System is beginning to recognize certain defendants have special needs and in Kings County Brooklyn the Court System is pioneering with new and innovative courts such as the "Brooklyn Mental Health Court," and the "Brooklyn Treatment Court." In all of these special needs courts the District Attorney, Prosecuting Attorney, Defense Attorney and the Judge have a common goal and that is "successful treatment completion." Their aim is to improve the court system's ability to identify, assess, evaluate and monitor offenders, create effective links between the justice system and the treatment system, and to improve public safety by ensuring defendants don't become repeat offenders.
Mr. Joe Dubovy, Chairman of Putnam County Green Party is calling for a similar "Special Needs" court in Putnam County that would permit compassion to prevail in the court while also eliminating an intolerable case backlog in the courts of Putnam County. But as large as the case load may be in Putnam Valley, Mr. Dubovy does not believe it is large enough to secure state funding for a "Special Needs" Court, and suggests Putnam and Orange Counties pool their resources and develop such a Court.
In the meantime, Judge Reitz continues with his volunteer program which is effective because, as he puts it, "The kids and parents respect the authority of a Judge."
An example of that respect was clearly demonstrated on one occasion when a parent came into Judge Reitz's office with her seventeenyear old son. After taking a moment to absorb the vibes being transmitted by both the mother and son, and observing their body language and overall demeanor, with the eyes of an eagle Judge Reitz smiled and asked the mother, "How are we doing, is he staying off the drugs?"
The mother responded, "Yes, it seems to be going well. I bought a drug testing kit and he seems to be clean." With a quizzical look she glanced at her son. He glanced at her and in a disrespectful tone said to his mother, "What, you want to test me right now?"
With that Judge Reitz hit high "C" and said, "How dare you talk that way to your mother, you're only seventeen and that's your mother, you show her some respect, I have a good mind to put you in jail for 45 days for contempt of court, don't you ever let me hear of you sassing back your mother."
In the discussion that followed it was learned that the young man was smoking in the attic and committing other offenses. Judge Reitz told the young man that he was going to give him 45 days in jail for each of the three offenses. It didn't take long to knock the cockiness out of the seventeen-year-old.
Like an actor giving an Oscar winning performance, Judge Reitz calmly asked the young man how he was doing in school. The boy replied that he was maintaining a B average. Judge Reitz said, "lets try for an A average." When the session was over they all shook hands and Judge Reitz asked the boy to wait out in the hall. Judge Reitz spoke to the mother and asked her what else he could do to help her, "Would it help if I put him in jail for a day? I don't want to lose this boy, he is a good kid and has the potential." The mother thanked Judge Reitz for all that he has done and said, "I think we have it under control, we will see you next month."
This incident is typical of the other parent and teenager conferences Judge Reitz had that day.
Not all cases went well. There was one incident where the young defendant only said a few words. There was hardly any communication. The young man had quit high school and was working. Judge Reitz explained to him the importance of having a High School diploma and that if he had to the boy would attend high school from a prison cell. After the mother and her son left, Judge Reitz admitted this was a tough one and that he would have to bring in some professional help to get through to the boy.
Judge James Reitz has created his own "Special Needs" court in Putnam by volunteering his time above and beyond the call of duty to help kids and parents.
He, like the other judges in Putnam County, goes the many extra miles to make sure both the defendants and plaintiffs leave court feeling they have been fairly treated by the court system and that justice was doled out equitably for all parties concerned. Appearing before any Judge is a life changing and educational experience that can make you a better person. If a defendant is lucky, he or she will get a chance to experience this transition.
Judge Robert E. Miller, Putnam County Court, is retiring this year on December 31, 2006 and the Judgeship will be decided by vote in November. The Republican candidates for Judge Miller's office are Judge James F. Reitz and Putnam County District Attorney Kevin Wright. Attorney Victor Grossman is the Democratic candidate.
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