Jade Eaton was born in Allentown, Penn., and moved to the Washington, D.C., area in 1972. After marriage, she lived in College Park for 35 years, where her three children were raised. Two of her children attended Eleanor Roosevelt High School. Eaton has lived in Greenbelt for the past 10 years. She spent her career as an attorney in the Department of Justice’s Anti-Trust division, working on issues related to electricity competition; she retired in 2017. Her professional work was never connected to the criminal justice system.
In the aftermath of the chaos of 2020 and 2021, Eaton wanted to become engaged in social justice, but it had to be something that would make a difference. After hearing about Court Watch through the Friends Meeting she attends in Adelphi, and doing additional research, she felt that it was something that she could do. Eaton had the training and is now engaged in court watching two full days a week.
The mission of Court Watch is “to hold prosecutors, judges and other arms of the criminal legal system accountable for their actions and treatment of Maryland residents.” Their motto is “Injustice Happens in Empty Courtrooms.” Court Watch PG, headed by Dr. Carmen Johnson, is a member of the umbrella organization, Life After Release.
Monitoring Bail Review
Court Watch volunteers are trained to listen and serve as witnesses to what happens in bail review hearings. They are taught the legalese necessary to follow judicial proceedings. While watching bail review hearings may seem insignificant in relation to the judicial system, this review is the first contact that an accused person has before a judge. A majority of the people seen by volunteers at the bail hearings are Black, Brown and poor. Court watchers seek to ensure a degree of equity and accountability in the criminal legal system.
A Court Watcher’s Day
At 9 a.m. on her Court Watch day, Eaton checks an app to find out what the docket is for the day and the case numbers, from a messenger sent to Upper Marlboro early each day to get the information. Eaton then uses the Maryland Judiciary Case Search website to find out more about each accused person, where they live, details of the charges and whether or not a commissioner has determined probable cause.
When a person is first incarcerated, they go before a commissioner, an officer of the court who makes an initial determination based on the charges as to whether the accused is a danger to society. If they are not, the commissioner may order them to pay a bond and allow them to go home.
Eaton researches each case before the hearing to focus on listening and taking notes, since the process moves very quickly, lasting only about 6 to 7 minutes. Listening and taking notes is the main work of the volunteers as they hear the arguments on both sides, see the accused and hear testimony on their character.
Audio-only Access
The volunteers began watching the proceedings on Zoom during the pandemic. Access via Zoom was available to both volunteers and family members until August 2022, when the court withdrew access and changed to audio only. This makes it more difficult to identify who is saying what. Character witnesses cannot always be heard as they speak from their places in the audience. Supporters and loved ones struggle to hear and comprehend what is occurring. There is state legislation pending to reimplement Zoom during court sessions.
Keeping a Database
Court Watch volunteers take notes on everything that happens, especially the arguments for or against release by the state’s attorney and the judge’s ruling. These notes will be critical during Court Watch’s daily debriefing session immediately after arraignments are completed.
After the discussion of every case, volunteers fill out forms that classify the types of cases reviewed, such as citizens’ complaints, domestic violence or crimes of poverty. This and other detailed information is then entered into Court Watch’s database. Eaton says they flag cases that need further attention because of issues with the arresting officer, the judge or pre-trial services.
Court Watch monitors the level of bail set since, according to Maryland law, a judge cannot assign a higher bail than an individual can afford. The organization also determines if the arresting officer listed in the case report has a problematic record. They consult the Graham Report, which lists officers who have repeatedly used excessive force.
Court Watch’s Accountability Committee pulls up the flagged cases in the database and decides whether action needs to be taken on each. When action is called for, an accountability letter is sent to the supervisor of the individual involved, such as the chief judge or the police captain. These letters, in redacted form, may be read by the public on the Court Watch website.
Pre-trial Court Case
Court Watch is so concerned about the pre-trial process being used that they joined as one of the supporters of a lawsuit against the county Office of Pre-Trial Services, asserting that the process is unconstitutional. The case, which survived an initial motion to dismiss by the county, is pending.
Mental Health Support
Court watchers have observed that some 20 to 25 percent of the individuals brought before the courts for bail hearings have mental health issues. Court Watch has seen that under the flawed, poorly designed procedures accused persons who suffer from mental health problems may lose access to their medicines or therapy. Court Watch follows up with the Department of Corrections and the Public Defender’s office to ensure that an individual receives required medications and therapy while waiting for their court date.
Eaton has come to strongly believe that the criminal justice system should not be the mechanism through which people receive mental health services, and that an alternative model needs to be developed.
Domestic Violence
Court Watch also keeps track of domestic violence cases, which are particularly challenging. Eaton has seen several cases where a person makes a complaint without being given information about the consequences that will follow. The police are obligated to act on the complaint and arrest the offender, which is often not the intervention the victim is seeking. Often the person who filed the complaint will ask that the offender be released, but at that point they have no power to cancel the arrest. They may not have realized their complaint would lead to arrest, missed days of work and other consequences for the family. Eaton would like to see the person filing the complaint provided with more information about other domestic violence services available to them prior to a complaint being filed.
A Lens into Lives, Issues
Eaton believes court watching provides a lens into the real-life situations of marginalized people and neighborhoods targeted by the police. Volunteers see carjacking and gun violation cases, domestic violence and mental health challenges of the working poor. It’s led Eaton to question whether the criminal justice system is really the best way to handle these issues.
Life After Release advocates for new policies and legislation with county and state legislators. One recommendation is that virtual audiovisual access should be provided for most state court cases. Eaton states that everyone is supposed to have access to the courts, and, with the availability of current technology, people should not have to travel to Upper Marlboro to attend court hearings.
Howard University law students have worked with Court Watch to observe virtually and in person in the court room. Eaton pointed out that court watching allows law students to observe how the criminal justice system actually operates.
To volunteer with Court Watch, one does not have to be a lawyer, just someone willing to listen, learn and take notes.
Search for Equal Justice
Eaton is well aware of the negative impacts of gun violence and other crime on communities and of the need for public safety, but Court Watch has given her insight into how the criminal justice system itself may have harmful impacts on people and communities. The criminal legal system should not rest on targeting various neighborhoods and groups under the guise of public safety, she says. Equal justice for all, Eaton believes, should be the reality and not just a motto.