Court is in session
At 8 a.m. every day, the doors of the Crow Wing County Judicial Center open and the wheels of justice start turning.
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On any given day there are myriad cases heard, from speeding tickets to murder trials, divorces to property disputes. Handling it all is a team of clerks, attorneys, judges, probation agents, law enforcement officers and other staffers.
The busiest calendar of the week is the master calendar. On a day in early August, almost 30 cases are scheduled for the master calendar, ranging from driving infractions, thefts and disorderly conduct to harassment and domestic abuse.
Crow Wing County Judge Richard Zimmerman sat at the bench this summer in a courtroom at the Crow Wing County Judicial Center. Brainerd Dispatch/Steve Kohls
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"A lot of commotion" is how Judge Richard Zimmerman describes the master calendar, on which he rotates presiding over with Judges David Ten Eyck and Earl Maus. "Usually it's their first appearances, and most of the time on misdemeanor or smaller offenses.
"A lot of people on these misdemeanors are more concerned with what's going to happen to them. I'm not saying they're all guilty, but that's usually their concern. They want some assurances."
Zimmerman starts the master calendar docket by telling the courtroom to shut off their cell phones or face a $50 fine.
Zimmerman then calls, one by one, each of the two dozen cases on the master calendar. Only about half the people scheduled show up that day for their court appearances.
The first case involves a woman who was cited for driving with no insurance. She tells Zimmerman she now has insurance and that this is her first time in a courtroom.
"It looks like you have a lengthy driving record," Zimmerman deadpans as the woman looks on, stunned and speechless, unable to realize he was joking. "I say that facetiously. We don't see this very often where (her file) says, 'No driving record.'"
In response the woman laughs nervously. Zimmerman gives her a stay of adjudication, meaning if she has no similar offenses within a certain amount of time, the offense will not go on her driving record.
There are no defense attorneys on the master calendar this particular day, and only one prosecuting attorney, Brainerd City Prosecutor Matt Mallie. Most of the defendants entering the courtroom sit silently, faces nervous, waiting for their case to be called.
Crow Wing County District Court Judge Richard Zimmerman put on his judge's robe in preparation for a court session at the Crow Wing County Judicial Center. Brainerd Dispatch/Steve Kohls
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The next case, a woman accused of shoplifting, also tells Zimmerman it's her first time in court. She's tearful as Zimmerman accepts her plea and gives her a stay of adjudication.
Another woman, walking gamely with a cane in hand, appears on a speeding ticket. She, too, is in tears as she explains her situation. She admits to speeding, but said she was in between appointments at the doctor's office and wasn't feeling good.
"I am sorry, really I am sorry. I told the officer that if I could have done it over - I have mobility issues - I would have just stayed at (the doctor's office)," she tells Zimmerman. "This is an embarrassment to me."
Zimmerman gives her a stay of adjudication for a year and a small fine.
"Good luck and make better plans so you don't get in that situation again," Zimmerman tells the woman after she thanks the judge.
And so goes the master calendar, held once a week in the Crow Wing County Judicial Center. The cases are all misdemeanors, all usually settled that day with a stay of adjudication and a small fine.
Crow Wing County District Court Judge Richard Zimmerman's robes and suit coat are hung together on a coat rack in his office. Brainerd Dispatch/Steve Kohls
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On this day, probably only half, maybe less, of those scheduled for the master calendar show up for their court date. The number of walk-ins was two to three times less than normal, said Pam Loeffelbein, senior court clerk with the court administrator's office.
"This was an unusual day. Nobody showed up for court," Loeffelbein said. "Generally we have up to 30 people, if not more, on a regular traffic court day."
Not that short court days are any less busy. Zimmerman uses his spare time to review other cases that he will hear. His calendar for civil cases is set into June.
"That's one of the challenges of the job," Zimmerman said. "After awhile you get a feel of when you can make that time and whether you'll be outside ordinary working hours."
Later that afternoon in the courtroom of Judge Earl Maus, a different type of defendant is sitting in the courtroom. These people do not show the same anxiety of those who appear on the master calendar. These people have been here before, have re-offended and are waiting for their probation violation cases or revocation hearings to be heard.
There's also a change in the number of people working in the room. No fewer than 12 attorneys, both defense and prosecution, discuss cases, chat with clients and stack case folders in preparation to be heard by the judge.
Jana Austad of the Minnesota public defender's office in Brainerd and Crow Wing County Attorney Don Ryan met with Judge Earl Maus to discuss a court case. Brainerd Dispatch/Steve Kohls
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One thing Maus' calendar has in common with Zimmerman's master calendar is that about half the people scheduled for court fail to appear. A difference is that Maus issues a half-dozen bench warrants for the arrests of the no-shows.
Some scheduled for probation violations or revocation hearings are set for more hearings, some are postponed for more information and some are resolved through plea agreements.
As the court calendar continues, defense attorneys walk among the people in the gallery and call out the names of clients. Only once is one of the clients actually sitting in the courtroom. One by one, each defendant present stands before Maus and awaits what will happen next - jail, continued probation or more court hearings.
And when the day ends, court staff get ready for another go-round the next day with different types of cases involving different faces. The variety is one of the nice things about the job, Zimmerman said.
"I think it's good for everybody that you can shift gears. I think the variety is helpful," Zimmerman said. "In some courts you're assigned just to the criminal calendars for years. Maybe in larger jurisdictions that's all right because you might be seeing a lot of different prosecutors and a lot of different defense attorneys, so it's not the same two people standing there. I think the calendar we have works pretty good.
"Although, the one thing that surprised me when I became a judge is how little control a judge has over his calendar. I think attorneys like to think the judge can just say, 'We can do this day or that day.' It doesn't work that way. There's too many people involved."
Between court sessions at the Crow Wing County Judicial Center, Crow Wing County Judge Richard Zimmerman smiled in his office while discussing the inner workings of the judicial system. Brainerd Dispatch/Steve Kohls
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And too many people appear involved on the other side of the law, too. Though Zimmerman has no statistics at hand, he believes the caseload has increased in the 12 years since he came to the bench. He said the increased work is a burden on the court administration staff, whom he called the judicial system's unsung heroes.
Zimmerman's court reporter, Terri Chisholm, has been typing away at a shorthand machine in courtrooms for the past 36 years. As a "guardian of the record," she said she knows the number of court cases is increasing in Crow Wing County.
"I think people don't have a clue how busy we are here," Chisholm said. "We get a lot of judges that travel in from many areas of the state and I think they're surprised at the volume in this county."
What has made Chisholm's work easier, and all court staff for that matter, from the judges to the county attorneys to the bailiffs, is that since May 5, 2006, an increased caseload has not meant cramped and sometimes dangerous conditions, an issue with the old courtrooms at the Historic County Courthouse and in the basement of the social services building.
The Crow Wing County Judicial Center boasts security everywhere. At the front door bags are X-rayed and everyone coming into the building passes through a metal detector. In the court administrator's office, staff are separated from the public by a thick pane of glass. In courtrooms, jail inmates scheduled for hearings are brought in from the adjacent county jail and never walk through public areas. Private hallways on each floor allow staff members to traverse the courthouse without ever setting foot in public spaces.
Chisholm remembers working in the old courtrooms, where defendants would walk next to judges' offices; jurors would share the same restroom facilities with judges, witnesses and the public; and courtrooms were crammed with people with little separation between anybody.
"Thank goodness we are in this secure building," Chisholm said. "That's one thing, this is nothing like the old ones and that's for the best."
MATT ERICKSON may be reached at matt.erickson@brainerddispatch.com or 855-5857.