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All Traffic, No Magic Tricks: Night Court Isn't What You Think

By Anne Skove, Esq.

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It never fails: a non-judicial government-type person decides that what the town needs is a good night court.

We think they are confused by too much TV Land.

Night court isn't all Harry Anderson illusions and goofy bailiff banter. Most night courts are not at night per se; they often operate after-hours, but not too late. They are not usually typical court cases, either; more often they consist of a docket devoted to a particular case type, such as traffic. And most are not every night, but once a week or month.

Who wants to go to night court? Again, the myths persist. The reality: the public generally does not enjoy going to court at all, and does not want to do so any more after hours than during a regular business day. If the town is populated by commuters who do not live near the court, court users might experience less, not more, convenience. Finally, if the courthouse is in an area that is perceived as a dive, people will not want to go there after sunset.

Do night courts save money? No. It costs money to keep businesses open extra hours. It costs in overtime and overhead (more lights on, more security, e.g.). It costs in staff morale. (Though Dallas thinks it will save $1 m by having a 24-hour court. The savings would come in reduced jail time.)

For these and other reasons, many night court experiments have failed.

See KC Council: Here's A New Judge. But What about Night Court? Kansas City Star (April 18, 2008). The comment regarding whether attorneys want to practice in a night court is illuminating. Apparently John Laroquette and Markie Post were not consulted.

See also Plan to Eliminate Jail Time for Fine-Only Crimes Could Save Dallas $1 Million A Year, Tanya Eiserer, Dallas Morning News (April 20, 2008).

Full post as published by court-o-rama.org on April 20, 2008 (boomark / email).

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