The young-looking Hispanic man with the lightly slicked back hair and neatly-buttoned polo shirt tucked into black jeans stepped up to the podium in basement chambers of Herndon’s Town Council. He glanced around the room as the judge, sitting in the seat typically reserved for Herndon’s mayor read that the charge filed against him was drunk in public.
After reading the charge, she looked at the man.
"Mr. Hernandez, do you speak English?" the judge said, a question met quickly with a no and followed even more quickly by a Spanish translator standing at the front row who moved alongside the man.
In less than a minute he agreed to plead guilty and was given a fine of $50.
A few cases later, a man who showed up to address a traffic violation was placed under arrest and handcuffed after it was discovered that a bench warrant - an order to arrest an individual based on a court-related violation - had been issued for him in Loudoun County. A couple cases after that, a man who was driving on a suspended license was given a warning that he would be placed under arrest if he were found guilty of the same offense without first reinstating his license.
Running a red light. Riding a motorcycle without a valid license. Speeding. They were all addressed by a judge and closed within a matter of minutes.
THE PRESENCE OF a functioning branch of Fairfax County’s General District Court for more than 10 years has transformed the chambers of Herndon’s Town Council to a place where dockets containing several dozen misdemeanor and traffic violations are banged out every Wednesday.
One of only two satellite courts — the other being in Vienna — the court was established to provide convenience for town residents accused of minor violations and local police officers, according to town and county legal officials.
"I think the police in general believe they are doing the most good while on the street," said Suzy Swain, chief deputy clerk for Fairfax County’s General District Court. "Being in court, while it’s necessary, is not what police would probably see as most important, so this gives them the chance to get back on the job more quickly … by eliminating all of the travel time," associated with going to court in Fairfax.
The court is operated by a regular rotation of the 11 judges who preside over all of the misdemeanor and traffic violations that come before Fairfax County’s General District Court, according to Swain. The court that takes place in Herndon only hears cases filed by the Herndon Police Department.
WHILE THE TOWN’S deputy attorney, Manuel Capsalis, is present during the proceedings, cases are usually settled quickly by the judge after hearing testimony from both the defendant and the officer who wrote the violation. This occurs when defendants don’t bring an attorney, as is the case in the majority of the hearings, Swain said.
"People representing themselves don’t typically go into a lot of arguments," she said, "so the judge can ask questions of the police officer and the defendant and he or she makes a decision."
The court will also address basic violations of the town’s zoning ordinances, including overcrowding violations, usually once or twice a month, according to Herndon town attorney Richard Kaufman.
On those days, Kaufman joins Capsalis to be on hand for any questions that may be raised, a tradition that has been occurring for about the last three years, he added.
"Since the mayor and Town Council take a great interest in … neighborhood zoning violation issues, I go over there to make sure they go well," Kaufman said. "Whether they are zoning or building code cases, we are over there to observe and support the case, and to help witnesses out and sometimes negotiate with the defendants."
ALTHOUGH THERE were no figures available according to both county and town officials for how much revenue in fines that the Herndon branch of the court specifically raises each year, the town’s greatest benefit in having the court is in the number of minor cases that it is able to legally close in a few hours, said Herndon town attorney Richard Kaufman.
"The judges are excellent, the clerks are excellent, they hear a lot of cases and are very busy," Kaufman said. "They dispose of several cases a day … they do a great service for the residents of Herndon and Fairfax County."