Court watching is one of the most powerful and most accessible tools available to criminal justice reform advocates. By observing courtroom proceedings, documenting what you see, and sharing your findings, you can help create transparency and accountability within our legal system.
Ready to be a change agent? Here’s my comprehensive guide to getting started as a court watcher.
What is Court Watching?
Court watching involves community members observing court proceedings to document how justice is administered. As public forums, most court proceedings are open to anyone, there’s actually supreme court law that says as much.
Court watchers pay attention to details like:
- How judges interact with defendants, attorneys, and witnesses
- Disparities in bail amounts, sentencing, and treatment
- Whether defendants’ rights are respected
- Procedural fairness and due process
- Length of proceedings and efficiency of the court
Why Court Watching Matters
Court watching serves multiple crucial functions:
- Creates transparency in a system that often operates without public scrutiny
- Documents patterns that might indicate bias or unfairness
- Provides data for advocacy efforts and policy reform
- Humanizes defendants by ensuring they’re not processed through the system invisibly
- Holds judges, prosecutors, and other court actors accountable
Getting Started as a Court Watcher
1. Find a Program or Start Your Own
Many cities have established court watch programs through organizations like the ACLU, local criminal justice reform groups, or legal aid societies. Search for existing initiatives in your area, or consider starting one with like-minded advocates.
2. Learn the Basics
Before beginning, familiarize yourself with:
- Court structures (municipal, state, federal)
- Basic legal terminology
- Types of proceedings (arraignments, bail hearings, trials, sentencing)
- Your local court calendar and schedule
3. Prepare Your Materials
Effective court watching requires good documentation. Bring:
- Notebook or observation forms
- Pens
- Court schedule
- ID (some courts require identification)
- Contact information for program coordinators
4. Know the Rules
Each courthouse has its own rules about:
- Electronics (phones are often prohibited or must be silenced)
- Entry/exit during proceedings
- Recording or note-taking
- Dress code (business casual is usually appropriate)
- Security procedures
What to Observe and Document
Basic Information
- Date, time, courtroom number
- Judge’s name
- Type of proceeding
- Case numbers (when available)
Process Details
- Punctuality of court start time
- Whether defendants are present or appear virtually
- If defendants have legal representation
- Whether interpreters are provided when needed
- How long proceedings take
Substantive Observations
- Language used by judges and prosecutors
- Whether defendants understand what’s happening
- Bail amounts and justifications
- Disparities in treatment based on race, gender, or socioeconomic status
- How victims are treated (when applicable)
- Plea bargain processes
Best Practices for Court Watching
Be Respectful
Court watching is not about disrupting proceedings. Maintain proper courtroom etiquette:
- Dress appropriately
- Stand when the judge enters or leaves
- Never interrupt proceedings
- Follow all court rules
- Be neutral in your expressions and body language
Stay Consistent
The most valuable court watching is done regularly and systematically:
- Commit to a regular schedule if possible
- Consider focusing on specific types of proceedings
- Follow cases through their progression when feasible
Work as a Team
Court watching is more sustainable and effective as a group effort:
- Coordinate with others to cover more courtrooms
- Debrief together to identify patterns
- Support newer court watchers with mentorship
After Court Watching: Making an Impact
Data Collection and Analysis
- Use standardized forms to collect comparable data
- Identify patterns across cases and judges
- Look for systemic issues rather than isolated incidents
Reporting and Sharing
- Compile regular reports on findings
- Share information with advocacy organizations
- Present data to court administration when appropriate
- Use social media to highlight important observations (while respecting privacy)
Strategic Advocacy
- Use court watching data to support specific reform initiatives
- Identify which judges, policies, or practices need attention
- Connect with legal organizations that can address systemic issues
Ethical Considerations
Privacy
- Never record or photograph proceedings without permission
- Be mindful of sensitive information you might hear
- Focus on system patterns rather than individual defendants’ stories
Objectivity
- Document what you observe, not just what confirms your biases
- Note both problematic and positive practices
- Be specific in your observations rather than making generalizations
Self-Care
Court watching can expose you to disturbing situations and injustices. Practice self-care:
- Debrief with team members
- Take breaks when needed
- Remember that witnessing is itself a valuable act
Conclusion
Court watching puts power back in the hands of communities most affected by the criminal justice system. By serving as the public’s eyes and ears in courtrooms, you help ensure that what happens behind courthouse doors doesn’t stay hidden. In a system that can feel overwhelming and opaque, court watching is a concrete action that any dedicated advocate can take to promote transparency, accountability, and ultimately, justice.
Whether you join an established program or start your own initiative, remember that the simple act of showing up and bearing witness can be a powerful catalyst for change.​​​​​​​​​​​​​​​​
