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Sunday, November 20, 2011

"Ask the Judge" Column continues in La Prensa, 11-20



Ask the Judge: What is the duty of the Bailiff?
By
Judge Steve Walker

Every Sunday for the past 37 consecutive weeks, “Ask the Judge” has addressed a different issue to inform the reader everything you wanted to know about the operations of the Justice of the Peace Court.

This week we address the duties of the Bailiff. The Bailiff is an important and integral part of the courtroom docket when it is in session. If my clerk is temporarily not available in the courtroom when we are in session, we can still proceed with the docket. However, if we are missing a Bailiff we cannot hold court. A Bailiff is mandatory in the courtroom when proceedings are going on. There are obviously safety concerns at issue for everyone involved.

At the beginning of the docket, before the Bailiff announces the presence of the judge as he or she enters the courtroom to sit on the bench, the Bailiff instructs those present in the court to turn off cell phones, remove hats, maintain proper decorum and reminds everyone to address the judge as “Judge” or “Your Honor.”

The Bailiff has authority to maintain order throughout the docket and is tasked with restraining unruly persons who forget their surroundings. When truant students for example have been show caused for violation of their probation and are not 17 years old they are “remanded” to juvenile detention.

The Bailiffs radio for officer backup and cuffs the violator and turns them over to fellow Constable’s Deputies who will transport the offender to the Juvenile Detention Center after a confinement order is signed.

Others who have outstanding warrants may also be cuffed in the courtroom by the Bailiff and escorted to a holding cell for transportation to the Bexar County Detention Center.

In my court, the designated Bailiff says when I enter the courtroom, “All rise for the honorable Stephen M. Walker.” Once I instruct everyone in the courtroom to take a seat, participants do so and the docket proceeds.

When the docket is called and one of the two opposing parties of a case are absent from the courtroom, the Bailiff also goes out into the hallway and publicly calls out the name of the missing party in case they may have inadvertently gone to the wrong court. If they are a no show, the Bailiff informs the judge and the case is either dismissed or in default. It depends which side is a no show.

As the Judge I appreciate Bailiffs for their dedication in making the judicial system safer and run smoothly.

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.

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