Let's make a deal

By CHERY SABOL

The Daily Inter Lake

A jury trial term for criminal cases started Monday in Flathead District Court, but there will be no trials and no jury this week.

It's not that the courts aren't saturated with cases.

"As many as 125 cases are set for any given jury term," said court administrator Bonnie Olson. Trials typically are set for six months after a defendant pleads innocent.

In a complicated process of elimination, most cases go away. Defendants and prosecutors reach plea agreements. Some trials are continued because lawyers for either side aren't ready. Some local charges are dropped when federal charges are filed. Some charges are dismissed or reduced to misdemeanors. Some people decide to just plead guilty.

As late as Friday morning, 33 cases remained listed on the court's calendar for trial Monday.

By Friday afternoon, none were left.

"It's fascinating to watch," Olson said. "They get sorted out."

Olson stays in close contact with attorneys for both sides of each case. She ranks the cases based on how likely they are to go to trial and how ready the attorneys are. If everything seems ready to go, she'll schedule the trial and notify a jury. If that case is settled, the next one in line is called up and it moves down the list.

"It's a juggling act," said District Judge Kitty Curtis.

Judges have to consider criminal defendants' rights to speedy trials, so that gives their cases priority. Courts also are expected to give priority to abuse-and-neglect and domestic-relations cases. Civil lawsuits typically wind up getting moved when something has to flex, Curtis said.

Just managing the criminal caseload is challenging enough.

This year, 483 felony cases have been filed in Flathead District Court, Olson said. Those cases are routinely heard on Thursday, where the list is whittled down weekly with guilty pleas and other arrangements.

The three district judges have nine jury terms every year to handle those cases that go to trial.

Potential jurors are notified if it appears that trials are needed.

It seemed that would be the case for this week.

"We had slated seven trials to begin … We had two absolute trials," Olson said.

One defendant was indicted on federal charges, so the local charge went away.

Four cases were continued. One was settled with a guilty plea. One charge was reduced to a misdemeanor. A jury wasn't needed.

One of the first considerations is that the court doesn't waste jurors' time with trials that don't materialize.

Even if a trial does begin, the court has to be able to predict how long trials will last. If one lasts three days, a second trial might be squeezed in at the end of the week. That keeps everyone in the courtroom on a strict schedule.

"It is the fine art of negotiation" that keeps it all running smoothly, and it does run smoothly, Olson said.

At the heart of it all is the question of the fundamental rights of criminal defendants, "Can I have my day in court?"

Yes, Olson said.

"Yes, you can."