Courts

The pandemic caused a disruption in the court system resulting in the postponement of court hearings. The courts have had to adapt adopting the practice of remote hearings. The Bennett Municipal Court was no exception. Judges Shawn Day, Andy Ausmus, Prosecuting Attorney Joe Lico, and Bennett Court administration started the conversation of instituting a hybrid court model therefore expanding the ability to become more efficient, flexible and accessible to all. As a result of several conversations the Bennett Municipal Court was able to develop policies and procedure for a hybrid court model which is outlined below.

Bennett Municipal Court hearings are scheduled on the fourth (4th) Wednesday during the months of January – October; and on the third (3rd) Wednesday during the months of November and December.  All hearings begin at 6:00 p.m.

Information on an alternative option for arraignment hearings:

If you would like to plead guilty or not contest without appearing in person because you live more than 50 miles from Bennett or have medical concerns that would make it difficult to attend, please email a copy of your ID, complete contact information and a copy of (or information regarding) your citation to gscheidt [at] bennett.co.us (gscheidt[at]bennett[dot]co[dot]us) along with a statement requesting to plead guilty or no contest to your case. 

• If you qualify for a virtual hearing, the Court Clerk will email you paperwork to complete and return to the court.
• Once received, a judge will review your request and sign an order on your case. The Court Clerk will then contact you with payment information.
• Virtual Arraignments -  Please email the court (gscheidt [at] bennett.co.us (gscheidt[at]bennett[dot]co[dot]us)) immediately requesting to appear virtually, attach a copy of your ID, your citation and complete contact information (mailing address and telephone number).
  • The clerk will email you your virtual arraignment date/time, as well as instructions and the link to the session. Please read and follow these instructions carefully. You must appear on time for your scheduled date/time. You will be classified as “failed to appear” if you do not sign into the virtual link at your scheduled time. 

*Defendants who have a trial scheduled must appear in person. Trials cannot be attended virtually. 

General information on appearing for your court hearing:

• No backpacks, large bags, weapons or items that can be used as weapons are allowed in the building. Please make arrangements to store your items prior to attending court.
• Information on staggered arraignment hearing times will be sent to the address listed on your citation at least one week prior to your hearing; email the Court Clerk if you have not received your notice.
• The prosecution team will only meet remotely with individuals when they request pre-trial conferences.
• A virtual courtroom has all the decorum requirements of a physical courtroom.
  • Professional attire is required when appearing in court in person or via video.
  • Individuals should come prepared and organized.
  • Keep background noise to a minimum and keep the MUTE button on until you are called.
  • Be in a location with a strong cellular signal or internet service.
  • Only one person should talk at a time. Do not interrupt or talk over others.
  • Participate from a location with good overhead lighting and where you can eliminate noise from other sources (family members, pets, loud appliances, etc.).
  • Your case may not be called right away and may take longer than if you were physically present. Please be patient and recognize that this process actually does save you time since you do not have to travel to court.
  • If you have a trial scheduled, you must appear in person.  No depositions or virtual appearances are allowed for any trials.
  • Making any video or audio recordings of virtual court proceedings is strictly prohibited.

The Bennett Municipal Court is a very traditional and polite place.  When appearing in Court you should act, dress and speak in a way that helps your case. Here are some tips:

1. When you come to court, dress as professionally as possible. This means clothes that are neat and clean and without holes. You should be clean and neatly groomed. Tank tops, shorts, and flip-flop footwear are not acceptable. Hats are not to be worn in the courtroom.
2. How you act is as important as how you look.  You must be respectful to everyone within the courtroom. This includes the Judge, Court Staff, witnesses and people in the building.
3. The Court has a very busy schedule, so you must be on time for the Judge.  If you are late, your case may be postponed. Make sure you are prepared with all the court documents you need.
4. The Judge cannot speak to you about your case except when your case is being heard. The Court Staff will help you in any way they can with information about when your hearing is scheduled or about your fine. However, the Court Staff cannot provide you legal advice or recommendations on what you should do.
5. If you represent yourself in Court, you may want to get legal advice from a lawyer ahead of time to make sure you are doing the right thing.
6. Please be prepared to make payment of fines and costs. The court conducts a thorough investigation and review of all cases in which defendants request additional time to pay fines. The Court accepts cash, money order, or a check for payment of fines and costs. An additional fee of $40.00 will be charged for all returned checks.
7. Also, please be advised that you cannot smoke, chew tobacco products, eat, or drink in the courtroom. Cell phones must be placed on silent and kept quiet at all times.
8. Weapons of any kind are prohibited at Town Hall or Court.

In summary, always remember the 4 P’s; Professionalism, Punctuality, Politeness and Preparation. This will go a long way toward helping you help yourself in Court.