A person visiting the Alpine County Superior Court would find the visit very enlightening. The courthouse itself, a picturesque rock building erected in 1928, anchors one end of the town of Markleeville. On a sunny December morning that person might rest on one of the benches at the foot of the stairs leading to the entrance of the courthouse and imagine having been translated into another era, a peaceful and uncomplicated time where the only sounds are the rustle of the fall leaves drifting across the walkways and the faint gurgle of stony Markleeville creek across the road.
Quaint? Yes, but what's it like inside the building?
Mounting the stairs and into the entry, one is not confronted by an armed guard or metal detector, just a modest atrium, an office with frosted glass windows on either side of the atrium, and about 10 strides across the floor to the old fashioned glass and wood double doors that open to the courtroom. A hall to the left leads to the chambers of the two judges who serve here. The hall to the right passes by the coffee pot and water cooler to offices of the support staff and to a narrow stairway leading down to one of the two bathrooms in the building and close to the nether reaches adjacent to the sheriff's office, which is in the basement of the courthouse.
Antiquated? Maybe, but a court is more than a building.
Inside the recently renovated courtroom are several rows of comfortable seats; a jury box; the court clerk's alcove; cases of law books along the back wall; pictures of the judges who have served in the past; a couple of substantial wooden tables aligned before the bench; and, a few feet higher than the rest, the judges' bench itself. Though smaller, the courtroom is pretty much like any other.
If court is in session, one of the two Alpine County Superior Court judges will be seated, Judge David DeVore or Judge Richard Specchio, both of whom have broad experience in criminal and civil matters.
At a criminal trial there would be a court reporter, a defense attorney (maybe a public defender), the District Attorney, a bailiff, the defendant, and maybe a jury. At a civil trial the DA and defense attorney would be replaced by opposing attorneys and the defendant by the parties to the lawsuit. That's the set up. How does it work?
In California, superior courts are part of the state judicial system, a branch of state government, and no longer closely connected to the county for funding and administrative support. However here in Alpine County we consider the court ours and the judges ours.
Though they're paid by the state, they're elected by the residents of Alpine County and are as much a part of our community as our next door neighbors.
Besides the two judges, there are four clerks and the executive officer/jury commissioner who are part of this judicial unit.
Our two judges demonstrate consideration for the circumstances of all who are brought before the court and in a criminal case, if a person is found guilty, consider a variety of alternatives before imposing sentences. Alternatives include prison time, jail time, probation, fines and financial restitution, and community service. Since most of the offenses are by non-residents, appropriate sentencing sometimes gets complicated.
When asked what is the most rewarding part of his work, Specchio said, "When I apply an alternative sentence (other than jail time) and the person responds successfully. That's very rewarding"
DeVore has also applied alternatives to jail time.
There are a number of instances where a person convicted of a felony or misdemeanor, has been sentenced to work painting or repairing county facilities for example, instead of spending time in jail.
Having no jail, Alpine County uses the El Dorado County jail at South Lake Tahoe and that's an awkward arrangement for both counties.
Of course there are times when the bad guys need to be imprisoned. The highways and neighborhoods are safer for that.
DeVore says that helping ensure the public's safety in addition to the several other elements of serving the public are most rewarding to him.
Other responsibilities of the judges include convening and guiding the grand jury. Each year a group of citizen volunteers are brought together as a grand jury, their mission being to review the activities of the county government, including any special districts of the county. In addition to making recommendations, they are empowered to investigate and to bring charges against county employees and private persons alike. Their findings are presented as a report to the public, and county officials are obliged to respond to matters that are directed to them. Last year's report is posted on the court's Web site, www.alpine.courts.ca.gov.
Civil cases are also brought before the court. Such cases are often far more complex to adjudicate than felony or misdemeanors. Judges may spend much more time researching the law in such cases than hearing testimony from the bench.
Though the case load in Alpine County is quite low, the two judges are busy handling cases in other counties when those courts are overloaded or one of their judges is unavailable. The courts of Amador, Calaveras, Mono, Inyo, and El Dorado counties all practice reciprocal assignments with Alpine County.
Alpine County's courthouse may be aged and lacking some features considered important today, but the people and the system within are more than capable of meeting the judicial needs of the county.
n Bill Morgan is a Markleeville resident.
