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Home My WebLink About2007 Village Court Annual Report.PDF2007 AI{NUAL REPORT VruLAGE OF CAYUGAHEIGHTS COURT Glenn G. Galbreath Village of Cayuga Heights Justice Patricia Kannus Village o:[Cayuga Heights Court Cierk AI\NUAL REPORT OF GLENN G. GALBREATH, VILLAGE JUSTICE The total number of cases is about the same as last year. And while there have been a few changes in numbers of particular types of cases, it has been a relatively uneventful year. There have been no major trends or speciai crises. Following the summary of data immediatelybelow is a short narrative about the data and other court activities for the year. More detailed court data is in the charts attached to the reoort. Case Tltpes Vehicle + Traffic Law (V+TL) Parking Penal Law ("criminal") CiviVSmall Claims Total Cases Total Monies Collected Number of I4+TL Trials 2006 1118 9) JI a J 1.' 4.7 $ 63,228 35 2007 1008 1.' A t6 1 1149 $68,775 aaJJ Vehicle and Trnffic Law (V+TL) Carses (See attached chart.) Vehicle and traffic law matters account for the majorify of the Court's cases, fines and surcharges collected and Court Clerk's time. The total number of vehicle and traffic cases is about the same as last year. A few changes of note include: - Increase in speeding cases (including in the school zone) - 145 in 2006,164 jn200:. - Increase in driving while ability imparired (DWAI) cases - 2 in2006,l0 in2007. These are thelower ievel (non-criminal) drinking and driving violations, but there was a significant jump in the number. We can only hope it was an aberration, because any alcohol or drug related clriving offense can easily end in tragedy. - Increase in unlicensed operator convictions - L4 in2006,22 in20e7. If defendants simply did not have their driver's license with them when stopped, but in court show they actually had one at the time of the stop, the case is usuallly dismissed. But occasionally the deiendant did not have a license because it was suspended by the Department of Motor Vehicles (often because the defendant ignored prior tickets). Sometimes the People agree to lowering the cLarge from aggravated unlicensed operation to unlicensed operation (the less serious charge), if the defendant has shown that the predicate ticket was resolved in the interim and the defendant now has herlhis license restored. - Increase in inspection sticker cases - 1.5 in 2006, 36 in2007. This number is a little surprising because most are dismissed if the defendant was uninspected a short time and immediateiy corrects it. Thus Ln20Q7 there were twice as many instances where the period of uninspection was extensive. - Decrease in cell phone cases - 9I in2A06, 57 in 2001 . Maybe people are more conscious of the prohibition against using a cell phone vrhile operating a motor vehicle or have started usine the "hands free" devices. - Increase in total convictions - 538 in2,006,561 in 2007. This occured even thoueh the total number of vehicle and traffic cases dropped a bit - r2l3 in2006,1132 jn200l. - Decrease in dismissals - 384 tn2006,334 :rr_2007. Most dismissals are in the categories of overdue inspections and overdue registration stickers (if they are not old and are remedied quickly) and no-insurance charges (if th.e defendant actually had insurance, but simply did not have the card in the vehicle at the time of the stop). - Increase in fines/surcharges coliected - $ 63,22g in2006, S6g,175 in2007. Parking (See attached chart.) While part of the Vehicle and Traflic 1aw cases, parking tickets are usually processed administratively by the Police Department and the Court Clerk without the need for my intervention" Therefore, the parking ticlcet statistics are separated from the other vehicie and traffic matters. Only occasionally do I tLave to hold atialor even review a defendant's response J to a parking ticket. Nevertheless, the Court Clerk must always process the paperwork and occasionally affange for paynent of the fines. The number of parking tickets increased from 95 in 2006 to 124 in2007. Penal Law (Criminal) Cases (See attached chart.) The category of Penal Law cases is one of the most important and time consuming. The Penal Law includes some non-traffic violations, but most are misdemeanors and felonies. Of course, some the Vehicle and f'raffic Law cases can be just as serious (e.g. the misdemeanors and felonies of: driving while intoxicated, aggravated driving while intoxicated, reckless driving, aggravated unlicensed operation, leaving the scene of an injury accident, etc.). There were 16 Penai Law convictions in 2001 as compared to 31 in 2006,19 in 2005, and,24 in 2004. The numbers are probably too small for us fo claim any sort of trend. CiviVSmall Claims Cases (See attached chart.) Although both categories deal with norL-criminal matters, the "Civil Docket" is technically different from "Smali Claims." Both have the same monetary jurisdiction of $3,000, but the Small Claims cases uses an expedited procedure and is more "consumer friendly." Thus, we see very few cases fi1ed in the "Civil" category. Civil and Small Claims cases make up the smallest number of cases but include subject matter of importance, e.g. landlordtenant matters, consumer transactions, contract disputes over bills for professional services, etc. These cases tend to be very time consuming and often result irr longer trials and written opinions. The Court routinely refers these litigants to the Community Dispute Resolution Center for mediation, but does not delay the court proceedings while the non-litigation alternative is being considered or used. The number of these cases typically is between 0-3 each year. In 200'7 we only had 1. Vehicle and Traffic Trials (See attached chart.) The number of trials reflects only those held in vehicle and traffic law cases. We had 33 Ln20A7 which is similar to recent years. We do not collect data on the number of civil or Penal Law trials notwithstanding their often being lengthy events. Other activities We do not inciude in any of the data reports: late night arraignments, search warrant requests, pretrial hearings, status conferences, motion arguments, orders of protection, declarations of delinquency, revocations of probation, or sentencings. Ali these activities are time consuming and critical Court activities, but collecting the d.ata on these is not automatic by tne compuier system. I completed the requirecl two one-day sessions of the Advanced Continuing Judicial Education Program for town and village justices. I did presentations at both sessions, one on Judicial; Ethics and the other on Evidence and Objections I am also working with the Judicial Institute planning and creating the curriculum for training provided to new and advanced town and village justices. Patricia Kannus, the Court Clerk also attended clerkship refresher training sessions in 2007. I also testified before the Commission on the Future of New York Courts. They are focused on the continued viability of town and viliage courts and are considering issues, including the possibiiity of abolishing town and village justice courts and replacing them with district courts and also requiring that all justices be attorneys. My testimony focused on four topics: 1 - upgrading education for all judges, not just town and village justices; 2 - reducing the level of political parfy influence on the selection ofjudges (no party label identification on the ballot); 3 - removing certain priviieges now being provided to attomey judges (not required to pass the exams after annuai training); and 4 - halting the use by judges of vanity license plates identifying them as judges, because it sends the message to police and the pubiic that judges deserve special treatment. illiscellaneous We not only started recording all courf proceedings during 2007 ontape, but were successful in being awarded a free computer/recorder that records all proceedings digrtally, This makes storage of recording even more convenient than our past use of micro-cassettes. Conclusion Should you have any questions or comments about the report, please contact me or the Court Clerk. Further, I remind everyone that the court sessions are held every Tuesday evening at 6:00 PM and every first Thursday of every month at 5:00 PM. The public in general, and you in particular, are invited to observe these sessions. Dated: February7"2008 Glenn G. Galbreath Village Justice VEHICLE + TRAFFIC CASES trlqslqre not criminat misdemeanurc or" t"toni"g OFFENSE 2003 2004 2005 2006 2007 speeding 148 174 204 143 164 speeding in school zone 20 12 11 stop sign 10 I 14 tl fail to obey traff. control device 209 178 200 '188 195 DWI (Misd./Fel.)2 z oz DWAI 1 9 aL 10 aggravated DWI (Misd./Fel.) faii to keep right to 4atz no passing zone/follow to closely 10 I aggravated unlicensed operation (Misd./Fel.)qL / unlicensed ooeration '16 41 12 4A 22 suspnd./rgyokd. license (Misd./Fel.)4 1 1 unregistered vehicle 17 q 7 uninspected vehicle 27 JJ 29 ',t tr 36 equipment violation 32 23 o o 44ll seatbelt 30 A4 24 14 14 no insurance 1 1 cell phone 33 AE 57 91 license plate 20 z z other E4 13 q TOTAL CONVICTIONS 601 AA4 611 538 561 LIFTED LICENSE SUSPENSION (see below)11 TOTAL DISMISSED 461 421 338 384 334 AGD (V+TL onlyxsee below)q 10 11 I SCOFFLAWED CASES (see betow)JCO a/1 186 185 93 PARKING TICKETS 192 152 117 95 124 TOTAL V+TL CASES 1619 1218 1259 1213 1132 V+TL TRIALS 16 22 33 'ACD" is an adjournment in contemplation of dismissal. lt is user when the defendant anc prosecutor agree @aconvictionisdisproportionaietotheactua|offense,anott'evaq'eet.c conditions which if met by the defendant would warrant later dismissal of the charge. The t prosecutor then have to secure the JustiCeb agreel lefendant an--r g"g!1ieqggggjl" those where a defendant ferited to appeai or to pay. f re Court Clerk notifies the Dep't of Motor Vehicles which in turn suspends the defendant's driver's license untit tfre case ls tutty resolved. In serious cases, the Coqllmiy qlso isg "Llfted Llcense Suspenslon" is a new fee the Statg requires wnen a ticense 's r.estored after sgspension. PENAL LAW CASES (most are crin inal charges - qls(emeanor s of felon ies) OFFENSE 2003 2004 2005 2006 2007 alcohol z ? alcohol in the park 7 2 A-4Al- assault aqqravated harassment bad check burglary crim. contempt cnm. rmpersonailon orim. mischief 1 1 crim. poss. forqed instrumeni 1 crim. Boss. stolen property 1 crim. poss. of a weapon crim. tamperinq 2 doq ordinance 2 10 1 2 disorderlv conduct 2 fireworks I z fugitive grand larceny narassment ? illegal; dumping I 2 menacrnq motor vehicle - unlawful use ooen burninq 1 oark - after hours J 1 t+ oark - lawn cetite larcenV 1 z 1 coss. of a controlled subsiance 4 z 2 oublic lewdness rape - atternpted reckless endangerment resisting arrest 1 scheme to defraud 1 selling controlled substance tresoass unlawful imprisonment 2 z unlawful contact with a minor 1 zoninq violation other criminal 1 TOTAL CASES 37 24 19 ?"t 16 CIVIL CASES (SMALL GLAIMSi + REGU LAR CIVIL DOC KEr) 2003 2004 2005 2006 2007 I 10 1 ALL FINES, FEES + SURCHATTGES (CIVIL + CRIMINAT ) 2003 2004 2005 2006 2047 COLLECTED 59,540 64,615 74,848 63,228 68,775 OWED BY DEFENDANTS 15.225 15,495 13,455 14,175 15,975