Page 40 - CLT062220

40 ¦ JUNE 22, 2020 EXPERT OPINIONS

A Simple (and Free) Reform:
Waive Nonessential Appearances

By Daniel Lage

Last week, as reported by the individuals. It sweeps in people
Connecticut Law Tribune, of color, often disproportionately,
Chief Justice Richard Robinson for order maintenance and other
of the Connecticut Supreme Court low-level offenses.” The most ab-
authored a thoughtful and inspir- surd relic of this broken system is
ing letter offering his perspective the requirement that criminal de-
on racial injustice following re- fendants appear in person for each
cent events across the country. The and every single court date.
chief justice cited the need “for real In criminal court, the most con-
and immediate improvement” of tentious cases can take up to two
an inequitable justice system that years or more to resolve. During
disparately impacts “the most vul- that period of time, information
nerable” among us. Former state is exchanged between the parties,
Undersecretary for Criminal Jus- Daniel Lage of Shelton-based negotiations take place, and some-
tice Policy Mike Lawlor, in an Ruane Attorneys. times judges become involved as

op-ed in The Hartford Courant, offered three fine mediators to expedite matters. Most defendants
suggestions for criminal justice reform for the ju- will say they never saw or heard any of it. Those
dicial branch’s consideration in light of Robinson’s same defendants will say they appeared for court
statement, including vacating certain rearrest or- on time and stood around in an uncomfortable
ders, substantially reducing bail and mandating courthouse for hours, only to be sent home with a
prosecutorial review before cases are docketed. new court date, where the process would repeat it-
As a civil rights and criminal defense practi- self again the following month. It is unclear to me
tioner in Connecticut, I propose an even simpler what the benefit is to such a requirement, given
measure that can be implemented immediately that any concerns about the defendant’s ability to
and at no cost, yet help gain traction toward the appear when required in court would have been
goal of improving an already lopsided system addressed at the arraignment hearing.
while more comprehensive reform takes shape: This unnecessary requirement, however, bears
It’s time to grant all criminal defendants the right serious consequences. First, it is inefficient and
to waive all nonessential appearances before the dramatically slows down proceedings. Every
court when represented by counsel. morning in each courthouse, beginning at around
This small, commonsense suggestion that I of- 8 a.m., judicial marshals process hundreds of bod-
fer is already embraced by the Practice Book in ies through security, including defendants, their
Section 44-10, and would have an instant impact family and associates, lawyers and members of the
on improving the broken misdemeanor and non- general public. Those same defendants are called
violent felony system that UC-Irvine law professor before a judge one after another, many of whom
Alexandra Natapoff calls “assembly line justice.” As are simply told they will need to return at a later
Natapoff noted in an interview with NPR, the sys- date. As a result, the average day in a courthouse is
tem “often goes after low-income and impoverished long for lawyers, judges, staff and citizens.

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