Author: william_su

Today was another day filled with custody hearings, so things went more or less the same as the day before.

One difference, however, was one case I witnessed today involved all sides agreeing that the biological parents should regain custody of their children due to the many ways the parents have tried to change including taking drug screenings and doing therapy sessions to adapt to their lives are guardians of their children. This hearing taught me that even though some parents may initially make mistakes, the court allows many to have a second chance and that at the end of the day, the welfare of the child is prioritized by every party.

Today, I again attended WebEx court, this time on custody cases. In each case, Judge Davidian called in witnesses including the parents, the guardians, and a social worker in charge of the supervision of the children as evidence to show how well the parents are doing. Judge Davidian then rendered his decision about who gets custody of the children (parents, relatives, or the county) and explains his reasoning to the court, including analyzing the background and behavior of the parents as well as reading a report prepared by a Wake County social worker on the condition of the child

Typical NC District Court Tour

1 – Judge’s Stand – This is where the judge’s preside over the trial. One interesting different about Wake County courts is that judges in Wake County are missing the iconic gavel that is common in courtroom TV shows and movies.​

2 – Court Clerk – This is where the Courtroom clerk sits during the trial, although Wake County courts are trying to digitize operations, I still saw a lot of paperwork needing to be organized and signed after each trial. Their job during a trial is to maintain court records and organize paperwork for judicial orders.​

3 – Jury Bench – This is where a 12-person jury would sit if it were a jury trial. Jurors are selected at random in a list of Wake County residents who are registered voters or have drivers licenses.​

4 – Witness Stand – This is where witnesses for both the prosecution and the defense would sit after being sworn in for testimony. Note the microphones present on every bench to make sure everyone can be heard by the whole courtroom.​

5 – Prosecutor’s Table – This is where the District Attorney would sit during a trial. The DA’s job is to prosecute the suspects in a trial and to represent the state in the trial.​

6 – Defense Table – This is where the defendant or the suspect in a court case and his/her attorney would sit during a trial. In the trial I witnessed, I learned it was crucial for the attorney and their client to remain in constant communication during the trial to effectively devise a defense strategy.​

* Sheriff’s Deputy’s stand is next to the Clerk’s table and he is in charge of maintaining order and security in the courtroom. ​

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Because of the COVID-19 pandemic, Wake County Courts were forced to switch to a virtual setting and today I got a witness this firsthand.

Even though the court system was able to adjust to an online format quickly and continue with trying cases, I witnessed some of the troubles that are specific to online court. For example, today the internet in the courthouse shut down completely which forced Judge Davidian to reschedule some of his cases for future dates because he had to call into the meeting on his phone and could not record the meeting. Also, online court cases seem to be harder to control because there were several instances where witness testimonies were interrupted by others and it was harder for Judge Davidian to control the court as compared to an in person hearing.

Overall, today was a great learning experience and I learned how important it was for the justice system to continue functioning even during a pandemic despite some few minor hiccups.

Today I witnessed a bench trial (a trial with no jury where the judge is the ultimate decision maker). In this trial, the defendant was accused of disorderly conduct and resisting arrest in a hospital, and the District Attorney brought three police officers from said hospital along with surveillance footage to support their case. The defense, on the other hand, had the testimony of the defendant and the cross-examination of the prosecution’s witnesses to back up their side of the case.

Ultimately, after a ten minute decision making process, Judge Davidian found the suspect not guilty of disorderly conduct but guilty of resisting arrest. If the suspect was not happy with the outcome of the trial, however, she could appeal to the superior court for a jury trial. Watching this trial taught me that even the most minor details on the video evidence including which way the defendant was looking could influence the outcome of a trial.

Today, I was able to attend Judge Davidian’s calendar call, which was done via WebEx. During a calendar call, attorneys that represent clients convene to schedule trial or hearing dates to make sure the defendant can attend court at the time and that the attorney has no conflicting meetings during that time. Viewing this behind-the-scenes meeting made me realize the amount of additional work judges and the court clerks need to do to make sure the court system runs efficiently and to ensure lawyers can represent their clients as effectively as possible.

Today, I attended probation violation court as I had attended yesterday, and the process was more or less the same as yesterday. This afternoon, however, I was able to witness a trial with a jury about a convicted felon possessing a gun during a traffic stop. I was able to see the defense and the prosecution examining their witnesses first-hand and take note on when and how a judge intervenes when the other side proposes an objection during witness questioning. An objection is proposed by an attorney when the attorney if the question asked by the opposing attorney is too vague, argumentative, or unfair in some way to the witness, and if the objection is sustained, the jury cannot incorporate said question into their decision and must disregard it.

During lunch, Judge Davidian also shared with me valuable tips on how to be successful as a lawyer in both the military and the civilian world, including standing up for your client no matter the backlash and always aiming to further your career.

Today I had the pleasure of meeting Judge Davidian at the Wake County Courthouse, and was lucky enough to watch live proceedings at the civil domestic violence court. The proceedings focused on domestic violence and because this was a civil court, restraining orders were issued in lieu of jail sentences (which would be in criminal court). It was a very interesting learning experience as I discovered that being a judge in civil cases meant that you have to be able to ask on-the-spot questions and synthesize the perspectives of both the plaintiff and the defendant to be successful. I was also able to learn more about Judge Davidian’s past career as a Judge Advocate in the United States Navy, which is something I would like to pursue as well! Overall, today was a great learning experience and I hope to learn much more about the intricacies of our judicial system in the coming days!