Judges team up to iron out snag in court system

Defendants in Judge Hugh Finkelstein’s courtroom today won’t notice any shift in procedure. But a change is underway that could save money and avoid unnecessary arrests by ironing out a wrinkle in Pulaski County’s criminal justice system, officials say.

The pilot project is a partnership between Finkelstein, the current Little Rock District Court criminal judge, and Herb Wright, a Pulaski County circuit judge.

The idea, if proven effective, should save “a huge amount of not just budget dollars, but resources,” Wright said.

Understanding the problem requires knowing how arrests are processed in Pulaski County.

After someone is arrested, Wright explained, that person must appear in district court.

But Finkelstein’s courtroom only resolves misdemeanor cases. So if a person is accused of a felony, that case is then sent up the chain to circuit court, and Finkelstein is responsible for setting the initial bail at that person’s first appearance, Wright said.

As the case progresses, the arresting police agency sends that person’s file to the prosecuting attorney’s office. It’s the prosecutor who actually determines what charges a person must answer for, Wright said.

When the prosecutor files those charges, a document called a bench warrant is issued, which the sheriff’s office has to serve. If the person has already posted bond, the sheriff’s office mails him a letter that says, in essence, that he must show up to the courthouse to be formally processed for those charges.

After showing up and signing that paperwork, the person is free to go until his court date, which he receives through another mail notice.

This lengthy system is outlined in state statute, Wright said. But when he contacted the Administrative Office of the Courts, an administrator didn’t know of any other jurisdiction in Arkansas that actually follows this procedure, he said.

This process works when someone still lives at the address that the court has on file. But people move, and documents can get lost in the mail, Wright said.

“The worst thing that can happen is someone failing to appear when it’s not their fault,” Finkelstein said.

Also, if a person gets pulled over or stopped after the bench warrant is issued, the police officer would see the warrant on file but wouldn’t know the person already posted bond and would arrest the person again.