“Bullshit case,” remarked a black male defendant as he walked out of the courtroom. I agree. The defendant was scheduled for an arraignment this morning for a littering charge. The city prosecutor made the offer of an ACD (Acquittal in Contemplation of Dismissal) if the defendant completed 15 hours of community service. The public defender rejected the offer. Judge Volkman adjourned the case for further proceedings next week. “Looks like no one likes me today,” remarked the city prosecutor after the defendant had exited the courtroom. Judge Volkman laughed. It strikes me that the prosecutor seemed aware of the absurdity of his offer. Is this justice? Justice for whom?
This is not the first time I’ve observed the city prosecutor make a questionable offer for a littering charge. A couple of weeks ago I sat in on another littering case. The defendant failed to appear for the court date. The city prosecutor requested that an arrest warrant be issued. Judge Mora waited a few seconds before laughing at the prospect. This was only the defendant’s second scheduled court day, and this person did not have any other charges or past convictions. However, after Judge Mora called out the prosecutor for the absurdity of his offer, he actually ended up issuing a bench warrant. While a bench warrant is a “lighter” response than an arrest warrant, I personally think a bench warrant is absurd under the circumstances.