“All rise!” announced one of the bailiffs on duty. “The Superior Court of Chatham County is now in session, the Honorable Clifton Cannon presiding.”
The judge, an older, white-haired man, sat down without looking in the direction of the lawyers.
“Be seated!” the bailiff called out.
The judge turned toward the DA’s table. “Ms. Smith, are you ready?”
“Yes, Your Honor.”
“Let’s hear pleas first, reserving the motion to suppress in State v. Robinson to the end of the calendar.”
“Yes sir, we have twenty-six cases here for arraignment. Based on the discussions with counsel, several of those intend to plead guilty.”
I licked my lips. There was less than a five percent chance that Moses’ case would be the first one called. I desperately wanted to watch a few experienced lawyers navigate the waters before I was thrown in. I leaned close to Zach.
“What if we’re first?”
“Then I’ll be back to the office in time to get some work done.”
It was an unsympathetic answer. Ms. Smith picked up a file from her stack.
“State v. Jones,” she called out.
Zach stood up. I was so shocked that I didn’t move.
“Come on,” Zach said.
I got to my feet and stepped into the open area in front of the judge. A deputy culled Moses from the rest of the prisoners and brought him to stand beside me.
“Your Honor, I’m Zach Mays, and this is Ms. Tami Taylor, a summer clerk with our firm,” Zach said. “You appointed Ms. Taylor to represent Mr. Jones, and the firm asked me to supervise her work on the case.”
Judge Cannon had bushy white eyebrows. He brought them together and glared at me. Ms. Smith spoke.
“Mr. Jones is charged with twenty-five counts of trespassing by tying up his boat at private docks on the Little Ogeechee River.”
“I believe it’s twenty-four counts,” I corrected.
“A difference without a distinction,” the judge grunted. “How does he plead?”
I looked at Zach.
“Mr. Mays is not your client,” the judge barked at me.
“Uh, Your Honor, Mr. Jones has been in jail for over two months, and we would like to enter a guilty plea as long as he is released for time served followed by a one-year period of supervised probation.”
Moses’ voice startled me. “My boat, missy. Don’t be forgetting.”
“Yes sir. His boat was seized, and he would like it back.”
“Ms. Taylor, you do not enter into plea negotiations with me while I’m sitting on the bench trying to work my way through a crowded calendar.”
“Yes sir. We talked to Ms. Smith,” I responded quickly. “She has no objection to my proposal.”
“Is that right?” the judge asked the assistant DA.
“We will leave the sentence to Your Honor’s discretion but do not oppose defense counsel’s suggestion.”
“Was there any physical damage to property warranting restitution?” the judge asked.
“No sir,” I replied. “And one of the dock owners, Mr. William Fussleman, is present and willing to testify in favor of the proposed plea.”
I pointed in the direction of Mr. Fussleman, who stood up.
“That won’t be necessary,” the judge said. “Mr. Jones?”
Moses looked up.
“Are you Moses Jones?” the judge repeated.
“That be me.”
“Are you aware of the charges against you?”
“Yes sir.”
The judge looked down at the papers before him. “Did you illegally tie up your boat at these docks without permission of the owners?”
“I just be stopping by for a while to get some sleep. I don’t hurt no one or nothing.”
“Counsel, will you agree your client’s statement is the equivalent of an affirmative answer?” the judge asked me.
“Yes sir.”
“Mr. Jones, do you realize that I do not have to accept your lawyer’s suggestion about releasing you from jail and could sentence you to twenty-four one-year sentences to run consecutively, said sentences to be served in the Georgia State Penitentiary?”
Moses stared at the judge without a hint of understanding in his eyes.
“Your Honor,” I began. “I explained—”
“I wish I had more time for you to practice being a lawyer, Ms. Taylor, but I don’t. I’m not going to accept your recommendation for sentence. Mr. Jones has demonstrated a repeated and callous disregard for the property of others, and I have no confidence he will modify his conduct in the future. If he wants to plead guilty, I will refer him for a presentence investigation, then sentence him in a way I deem appropriate. If that is acceptable we’ll proceed. Otherwise, you may withdraw your offer of a guilty plea.”