Durham Courts Caught In A Crush: Overcrowding Prompts Special Measures

DURHAM, NC -- The News & Observer, February 17, 2006

Durham courts caught in a crush: Overcrowding prompts special measures
By Benjamin Niolet

The usual crush of criminal defendants, the type of crowd that drew out a fire marshal last week, was expected in District Court on Thursday, and uniformed deputies were ready. They directed and corralled hundreds of people into the correct rooms, limiting who was allowed inside. But court officials say their plan, which made Thursday much less chaotic and dangerous than the usual pack-em-in reality of Durham County District Court, is no permanent solution.

Rowena Dunlap knew that. She stood next to the courtroom door and watched as deputies stopped mothers, girlfriends and family members from going inside. Only defendants on the docket could go into court, they were told. Dunlap was worried. Her son, charged with breaking into a school and stealing some items, was to have a competency hearing Thursday. She wondered if the 18-year-old, who has bipolar disorder and a low IQ, would be all right by himself. "I kind of have to hold his hand, because he's not really capable of doing this on his own," Dunlap said. "I'm going to wait and not lose it, I hope."

The District Court rooms, where traffic and minor criminal cases are resolved, are full. Judges have little time to hear each case; victims and witnesses get used to having to come back another day, and the court system seems inefficient and often rude to the public that has to use it. "It resembles a cattle call more than a court of justice," defense lawyer Tom Eagen said last week.

People who come to court are often frustrated as judges, prosecutors, lawyers and clerks try to wade through an overstuffed docket -- Thursday's had 352 cases, similar to the week before. On Feb. 9, one of the courtrooms was so crowded that lawyer Kerry Sutton called the fire marshal's office. "One little gang fight, and you're looking at a stampede," Sutton said. Fights are a reality on the fourth floor of the courthouse. They often flare up in the hallways where different sides of a dispute or gang rub elbows. On Thursday, a loud crash in the hallway hushed the crowd and sent deputies running to investigate. It was a false alarm. A large piece of plastic had fallen to the floor.

Court officials are as confounded as the public because the long-term solution -- more space and more judges -- is nowhere near reality. A new courthouse is scheduled for construction later in the decade. The fastest path to relief from the bottleneck, a new judgeship, was taken out of the state budget at the last minute. Court officials say they are working on finding some relief, starting with looking at which days police officers and deputies are scheduled to come to court. But, "There just aren't enough resources available right now to fix this problem," District Attorney Mike Nifong said.

Chief District Judge Elaine Bushfan said officials have spent a lot of time lobbying elected officials for more resources. But it's going to take a push from regular people to get it done, she said. It's not just criminal defendants charged with a crime who should care. Most people at some point have to go to court, whether for a traffic ticket, a marriage, a divorce or an estate. "We need the public to say, 'We want this to happen in Durham,' " Bushfan said.

Veronica Tucker waited outside the courtroom Thursday and complained about the system. The night before, her daughter, T-Erra Holloway was arrested and charged with embezzlement and fraud-related crimes. Tucker said someone used a fake credit card at the drugstore where Holloway worked and she was wrongly implicated. After a long night bailing Holloway out of jail, Tucker came with her daughter to court for support. Instead they had to wait. "I believe this is worse than the emergency room," Tucker said. "The system has already hit rock bottom. It can't get any worse than it is now." They waited for hours and were sent back and forth between floors and buildings only to find out after four hours that Holloway's paperwork had been sent to the wrong place. They were allowed a choice: Wait a couple of hours more or come back the next day. They decided to come back. Tucker and Holloway had had enough.