Thursday, August 21, 2008 East Central Illinois

The benchmark for legal matters

By Mary Schenk
Monday, August 27, 2007

The N-G's Mary Schenk explains the Champaign County court system:

2006 CASE BREAKDOWN

Felonies: 2,135

Misdemeanors: 1,603

Traffic, including DUIs filed as traffic offenses: 33,813

Small claims: 2,583

Civil (includes divorces, orders of protection, chancery, law, eminent domain, tax, family): 3,804

2005 CASE BREAKDOWN

Felonies: 2,415

Misdemeanors: 1,835

Traffic, including DUIs filed as traffic offenses: 32,974

Small claims: 2,226

Civil (includes divorces, orders of protection, chancery, law, eminent domain, tax, family): 4,246

Source: Champaign County circuit clerk's office

THE CIRCUIT COURT

Judges are elected and run for retention every six years.

Judge, Took office, Retention

Thomas Difanis (R), 1995, 2008

Arnold Blockman (D), 1996, 2008

Harry Clem (R), 1979, 2008

Michael Jones (R), 1996, 2012

Heidi Ladd (R), 1999, 2010

Jeffrey Ford (R) , 1985 , 2012

Associate judges are appointed by the elected circuit judges and are reviewed every four years.

Judge, Took office, Up for review

Holly Clemons, 1996, 2011

John Kennedy, 2001, 2011

Chase Leonhard, 2003, 2011

Brian McPheters, 2004, 2011

Richard Klaus, 2005, 2011

GLOSSARY OF COURT TERMS

Adjudication: The outcome of a juvenile court proceeding.

Arraignment: Person's first appearance in court to be apprised of the charges and the possible penalties.

Arrest: Taking a person believed to have committed a crime into police custody.

Bond: Certificate or evidence of debt; most commonly used to describe the amount of money posted to obtain a person's release from jail.

Delinquency petition: Charges filed in juvenile court alleging crimes believed to have been committed by persons under the age of 18.

Drug court: Form of probation in which people whose crimes are linked to drug or alcohol abuse are closely monitored while undergoing treatment for the addiction that prompted them to commit their crime.

Felony: Serious crime with penalties that involve imprisonment.

Impact Incarceration Program: Program of the Illinois Department of Corrections that enables convicted felons under the age of 35 to go through a boot-camp setting of 120 days in lieu of longer prison sentences; among qualifications is that the prison sentence cannot exceed eight years; person must be recommended by a judge for participation.

Indictment: Formal method of charging a person; returned by a grand jury.

Information: Document that specifies the alleged crime.

Grand jury: Group of 16 people who hear testimony, most often from police officers, involving the facts of a crime; they determine if there is probable cause for a prosecution. The grand jury does not determine guilt or innocence. The jurors' work negates the need for a preliminary hearing. Defense attorneys are not allowed before the grand jury, whose work is done in secret.

Jury trial: Presentation of evidence by prosecutors and defense attorneys; in a criminal case, the jury has to believe there is proof beyond a reasonable doubt to convict a person; in a civil case, the burden is usually a "preponderance" of the evidence, that is, something is more likely than not to have happened.

Misdemeanor: Crime of a less serious nature with less serious penalties.

Notice to appear: Ticket given to a person believed to have committed a crime, ordering the person to come to court on a later date.

Order of protection: Court-issued document protecting one party from another for a certain period of time; facts are presented to a judge who determines if such protection is warranted. Emergency orders last a short time; plenary orders usually last two years.

Parole: Period of supervised release after a convicted felon gets out of prison.

Petit jury: Group of 12 people selected to hear evidence at a jury trial in a civil or criminal action and determine guilt or innocence.

Preliminary hearing: In a criminal case, the presentation of evidence to a judge, who determines if there is enough evidence to proceed with prosecution. Defense attorneys are allowed to cross-examine witnesses.

Probation: Period of supervision in the community for a person convicted of a crime; usually has multiple conditions such as public service, counseling and restitution; the judge sets the length and the terms.

Summons: Written document directed to the sheriff or other officer requiring him to notify the person named that an action has been commenced and that he is required to appear in court on a certain day to answer.

Warrant: Writ from an authority, usually a judge, directing an officer to perform an act, such as arresting a person or conducting a search.

Additional source: Black's Law Dictionary

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