My Internship with the Braxton County Court System of West Virginia

My first day of internship with the 14^th Circuit Court Judge Facemire was the first time I had ever set foot in a courtroom. The tall ceiling and hard benches were my home for the month of May and the people I'd only seen from around the community would become my friends. During my experience, I became on a first-name basis with not only the Judge, but Braxton County's prosecuting and defense attorneys, probation officer, circuit clerk, court reporter, law clerk, magistrates, and officers of the law who served as bailiff. They came to show me how local the law really is. It's not about textbooks or notes dictated in classes at Wesleyan (hopefully these will help you understand what's going on though), it's everyday wrongful occupation cases, illegal clandestine operations, and putting offenders into the Central Regional Jail or on an of average five years probation.

Since most of the people in the courtroom have known each other a good portion of their lives, it sometimes seems informal the way they interact. Out of town lawyers are greeted warmly by the judge and prosecuting attorney. Everyone else talks about their kids, home, and community before and after cases are set for trial. Opposing attorneys are seen planning fishing trips before they defend opposing individuals. It is a comforting sight, to one who thinks that the law is formidable and stuffy. I learned much from these people and their informal way of interacting.

Usually everyone but the judge is assembled in the courtroom before a trial takes place. The defendant and his/her attorney sit on the right side of the room with the bailiff in between their desk and the judge's bench. The prosecuting attorney sits on the left side of the room with his/her assistant and/or defendant. The circuit clerk sits in between the judge's bench and the prosecutor. The jurors sit directly in front of the judge's bench, and all other audience sits behind them. There usually was no other audience other than myself observing these trials, cases, hearings, pre-sentencings, and pre-trials. I took notes on the main points of each case and tried to understand what exactly was going on without having a brief at hand. At times, legal terms got in the way of this, but I would ask the Judge, his secretary, or the court reporter after the case to explain what I didn't understand.

Magistrate court was even more informal and didn't have a bailiff. Many cases that came to the magistrates' office didn't even see the courtroom, as they were settled between plaintiff and defendant in a conference with the magistrate. I watched these with a wary eye as citizens of my community got very heated over property issues and car accidents. The magistrate would do the best she could to make one or the other calm down without using outside assistance. In a case I observed about a man who was faced with a second offense DUI, the issue of home confinement came up as a punishment because the man was elderly and the prosecuting attorney didn't want to send him to jail. Since it is an issue of interest, especially in today's Martha Stewart situation, I asked Magistrate Cruickshanks to explain what the stipulations are in this county. She said that it costs $8 a day and a $50 hookup fee for the home confinement ankle device. No guns or alcohol are allowed in the convicted's house. He/She may only leave the home for work, college, doctor's appointments, and religious services attended prior to indictment. The man unfortunately lived outside of Braxton County, so he did not have home confinement as an option, and was sent to the Central Regional Jail.

When spending time with the probation officer and her secretary, I found out that they only handle those who are convicted but not sent to the Central Regional Jail. The average amount of time to be on probation is surprisingly long---five years. Hideous stories of the increasing abuse and molestation of juveniles' cases told of offenders being sentenced only to probation where they could act again. If the juvenile is the offender, there are several facilities they may be sent to in West Virginia. The W.V. Division of Juvenile Services Mission Statement was somewhat reassuring against the stereotypes of "juvey" which included promoting positive development while preserving community safety based upon principles of professionalism with dignity and respect for all participants in the juvenile justice system. If an adult is not sentenced to jail time but to a correctional institution instead, there are several around the state that go by different guidelines. Interestingly, the Anthony Correctional Center in White Sulphur Springs is only for offenders between the ages of 18 and 25.--interesting. DUI offenders head to the Beckley Correctional Center, and the state's only two Parole Supervisor Offices are in Buckhannon and Beaver, WV. Currently 75-80 adults are on probation right now in Braxton County. Good data

One can learn much in a different mindset sometimes. I think I learned the most from this internship on the day that the entire fifth grade class of Braxton County Middle School came to the courthouse to observe Revised Motions Day. Between cases and sentencings, the students were taken on a tour around the courtroom (they got to sit in the juror's chairs, see the judge's chambers, and bang the judge's gavel) and ask questions of the court reporter, circuit clerk, and present attorneys. The answers these people gave were basic enough for fifth graders to comprehend but helpful to what I needed to know to observe. They asked what jurors do, where the defendant sits when being questioned and other matters. It was enlightening. They asked me many questions about what my job was in the court and how old I was (since everyone around me was my parent's generation) and I tried to help them as much as I could. Interesting. You were a role model for them.

Judge Facemire informed the fifth graders and me that to be a judge, you must be 35 years of age, have practiced law for five years, and am elected. They were shocked to find that his salary was $116,000. good He told them of the selection processes of being a juror. Twenty citizens are called for a criminal jury trial, and out of those, twelve serve. Ten people are called for a civil jury trial, and six end up serving. The judge also stated that he only hears felony cases or appeals, magistrates hear misdemeanor cases. The students could see the way that the judge and attorneys interacted during Motions Day. They were informal before the cases started, but very professional when "on the record." The judge was very upset at one point about a defendant not being present for his pre-trial. Instead of wasting citizens' time the next day calling them in to be jurors for his trial, the judge decided to send the police after the defendant currently in Ohio and place him in their custody for the rescheduled trial. Later at lunch, the judge laughed about this man evading the law but in court he was very strict. Good

It is hard to tell without observing, whether all courts in America interact the way the Braxton County 14^th Circuit Court does. It is informal and "down-home" in a good way, not in a corruptive way. It is my hope that all courts are this way in that they make attorneys, plaintiffs, and defendants alike feel comfortable yet under the law's thumb. Each attorney should do everything in his/her power to properly defend the client. The prosecuting attorney should also do everything possible to act in the best interest of the State. The judge must put all biases, prejudices, etc. aside to make a fair and just judgment or sentencing. The circuit clerk must tend to the needs of the circuit court he/she represents and swear in defendants. The bailiff must maintain order in the courtroom and announce the judge's entrance. The court reporter must record everything (for the public files) into microphones. All of these professionals make sure that the law is obeyed. The purpose for this is to maintain order and establish a just society. These people eat, sleep, and breathe the law and it is their duty to uphold it. This internship has been an experience that will be irreplaceable as I further my degree in Political Science. It is quite a different thing to learn the law than it is to see it in action. I am very thankful to all of those involved in organizing my placement and those that were patient with my questions while I observed their daily jobs.