How to Observe
To walk into a courtroom is to step into a space designed to intimidate. The layout tells you who matters and who doesn’t. The language keeps power in the hands of insiders. The speed of rulings makes it seem like justice is efficient, when really it’s rushed.
But when you sit down as a court watcher, you change the equation. Your presence pushes back against secrecy. Your attention makes visible what the system would rather hide. By noticing how people are treated, how quickly cases are decided, and how authority is performed, you help transform isolated moments into collective evidence. Watching is resistance, and it works best when done with care, clarity, and focus.
Claim Your Seat
Public Gallery Only: Always sit in the rows reserved for the public, usually at the back of the room. Never sit at the counsel tables or approach the bench.
Middle Rows: Too close can feel confrontational; too far back and you may miss key words. Aim for a seat where you can clearly see both the defendant and the judge.
Line of Sight: Choose a spot where you can observe body language, not just hear words. If possible, sit where you can see the prosecutor and defense side-by-side.
Watcher’s Lens: Record how seating enforces hierarchy. Note who is closest to decision-makers and how public observers are physically distanced.
Blending without Vanishing
Dress Neutral: Wear neat, everyday clothes. Avoid slogans, protest gear, or anything that signals advocacy.
Body Language: Sit quietly, hands in your lap or on your notebook. No fidgeting, whispering, or reacting visibly to testimony or rulings.
Groups: If you’re attending with others, spread out across the gallery. Large clusters of watchers sitting together can draw unwanted attention.
Coming and Going: If you arrive late, wait at the back until a natural pause. If you need to leave, step out between cases, not mid-testimony. Always follow bailiff cues.
Watcher’s Lens: Treat invisibility as strategy. The less attention you draw, the harder it is for staff to justify limiting your presence.
What to Notice
Observation isn’t about catching every word, it’s about spotting patterns that reveal how justice actually works. Think in three layers: process, people, and power. Each layer carries signals about fairness and inequity.
1. Process: How the Court Runs
Courts often claim speed as efficiency, but efficiency can be a mask for cutting corners. Judges and prosecutors clear crowded dockets quickly, and that speed can mean defendants don’t have time to speak, lawyers can’t prepare, and whole lives are decided in minutes.
Pace of Hearings: Note when bail is set in under a minute or evictions are decided in seconds. Track how much time is actually given before a ruling.
Who Bears the Wait: Long pauses rarely inconvenience prosecutors or judges, but they cost defendants wages, childcare, and safety. Families may wait all day for a two-minute appearance—document who carries that burden.
Scheduling Practices: Watch when 20–30 cases are stacked into a single hour. This benefits prosecutors who can pressure pleas, while defense attorneys lose the chance to argue.
Continuances: Each delay means jail time extended, housing lost, or jobs put at risk. Record how often cases are pushed back and who suffers the consequences.
Watcher’s Lens: Document how speed and delays shape outcomes. Note who is rushed, who waits, and who benefits from stacked dockets.
2. Language: What Is Said, and How
Court language isn’t just jargon; it’s power. Legal acronyms, Latin phrases, and case numbers keep proceedings legible only to insiders. Watching how language is used shows who the system is really speaking to.
Forms of Address: Track whether defendants are called “Mr./Ms.” or just “defendant” or a case number. Each label signals dignity—or its denial.
Explanations: Note whether judges explain rulings in plain English or move on while defendants nod in confusion. Silence and confusion often mean rulings are deliberately opaque.
Interpreter Quality: Watch if interpretation is full, accurate, and paced. Missed or rushed translation erases voices. If defendants look lost but stop asking questions, it’s a red flag.
Bias in Speech: Document sarcasm, sighs, or belittling jokes from attorneys or clerks. Even tone or word choice can reinforce exclusion.
Watcher’s Lens: Write down exact phrases that reveal dignity or dismissal. Language shows who is respected and who is erased.
3. Representation: Who Has a Voice
Representation is the core of fairness, yet public defenders carry crushing caseloads and defendants often appear alone. Watching reveals how imbalances in counsel and time shape outcomes.
Defense Counsel: Record whether defendants are represented, and if public defenders are juggling stacks of files while private attorneys get time and attention.
Speaking Time: Note how long each side speaks. If prosecutors argue for minutes while defense is cut short, mark the imbalance.
Self-Representation: Watch unrepresented defendants—do judges explain procedures clearly, or rush through without guidance?
Resources Visible: Observe if public defenders meet clients for the first time in court or barely speak to them. These missed moments expose structural inequity.
Watcher’s Lens: Track balance. Record how much time each side gets, whether defense is resourced, and how self-represented defendants are treated.
4. Treatment: How People Are Handled
The way people are treated inside court—by tone, posture, or shackles—speaks as loudly as any ruling.
Visible Custody Practices: Document if defendants appear in jail uniforms, chains, or are escorted in groups. These practices erode the presumption of innocence.
Families & Public: Watch where families sit—nearby or pushed to the back—and whether judges acknowledge their presence. Families are often treated as a nuisance rather than support.
Staff Behavior: Note whether clerks banter with prosecutors but bark at defendants, or if bailiffs smile at lawyers but glare at the gallery.
Body Language: Observe posture, tone, and eye contact. Respect—or lack of it—is often visible, even when not spoken.
Watcher’s Lens: Document physical and emotional treatment—shackles, tone, posture, family exclusion. These details show how humanity is affirmed or denied.
5. Patterns of Inequity: Who Bears the Burden
Disparities become visible through repetition. One harsh ruling can be dismissed as an outlier, but documented patterns reveal systemic inequity.
Race & Ethnicity: Track whether Black or Brown defendants receive harsher bail terms or are detained more often pre-trial.
Gender: Watch whether women are spoken over, infantilized, or judged more harshly in custody disputes.
Immigration Status / Language: Note if non-English speakers are rushed through, denied interpreters, or given perfunctory translation.
Poverty: Record when judges set bail or fines without asking about ability to pay, or when tenants appear unrepresented while landlords have attorneys.
Watcher’s Lens: Watch for repetition. One harsh ruling may look isolated; dozens of similar notes prove systemic bias.
Power in Practice
Courtrooms are built to show hierarchy. Authority isn’t just spoken—it’s staged through space, posture, and control of time. Watch for the small choices that tilt the scales.
Elevation: Document that judges sit on raised benches, lawyers at the front, while defendants often stand alone. This setup signals who holds authority before a word is spoken.
Security: Note how bailiffs and marshals position themselves—usually close to defendants, rarely near attorneys. Their stance communicates who is considered dangerous.
Voice: Track speaking time and interruptions. Record when prosecutors speak longer and louder while defense or defendants are cut off mid-sentence.
Speed: Observe how quickly rulings are issued. Fast decisions may look efficient but often silence defendants’ voices and shortchange due process.
Watcher’s Lens: Record the signals of authority—elevation, security, voice, and speed. These small choices reveal how control is staged.
When You’re Challenged
You have a right to be in the room, but staff or officers may still test your presence. How you respond matters.
If Questioned: Respond calmly: “Courts are public by law, and I’m here to observe.”
If Pressed: Don’t argue. Step out, then document the barrier—note the time, courtroom, and reason given.
If Removed: Treat removal as data, not defeat. Write down who denied access and under what conditions.
Watcher’s Lens: Treat denial of access as data. Note when and how your presence is restricted—it’s part of the story of how courts resist oversight.
Notes That Matter
Note-Taking: Always use pen and paper. Phones, laptops, and recorders are banned in nearly every Michigan courtroom (and immigration courts nationwide). Bring a small notebook that fits easily in your bag. Keep it on your lap, write quietly, and avoid anything that looks like you’re texting.
Shorthand Tools: Hearings move fast. Develop simple abbreviations for outcomes (e.g., “B/D” = bond denied, “TS” = time served, “Cont.” = continuance). Consistent shorthand makes it easier to keep up and ensures your notes can be expanded accurately later.
Where to Write: Sitting in the public gallery, you can take notes openly—it’s your right as part of public access. Avoid spreading papers across benches or balancing your notebook on the railing; it draws attention.
Focus on Patterns: Write down what matters for systemic observation: timing, treatment, language, and outcomes. Skip personal identifiers unless explicitly required by Court Watch Detroit reporting.
Quotes & Phrases: Capture repeated or telling language word-for-word—terms like “bond denied,” “time served,” “continuance,” or dismissive remarks that reveal tone. Even a short phrase can illustrate bias or routine.
If Challenged: Some clerks or bailiffs may mistake note-taking for recording. Stay calm and respectful. Show your notebook if needed and repeat, “Courts are public, I’m just writing observations.” If they still insist, comply in the moment and document the barrier afterward.
Connect Notes to Data: After leaving the courtroom, upload your observations to the Court Watch Detroit reporting portal. This transforms personal notes into systemic data, turning one person’s observations into collective evidence of patterns.
Watcher’s Lens: Protect privacy and accuracy. Record systemic patterns, not personal details. Every note adds to collective accountability.
Help Hold Courts Accountable
You don’t need to sit on the sidelines. The courts are public, and your presence matters. Sign up to become a Court Watcher and help turn hidden harm into public accountability.