The URL can be used to link to this page

Home My WebLink About2007 Village Court Annual Report.PDF 2007 ANNUAL REPORT VILLAGE OF CAYUGA HEIGHTS COURT Glenn G. Galbreath Village of Cayuga Heights Justice Patricia Kannus Village of Cayuga Heights Court Clerk �i ANNUAL 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 special crises. Following the summary of data immediately below 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 report. SUMMARY OF CASE ACTIVITY Case Types 2006 2007 Vehicle+ Traffic Law (V+TL) 1118 1008 Parking 95 124 Penal Law ("criminal") 31 16 Civil/Small Claims 3 1 Total Cases 1247 1149 Total Monies Collected $ 63, 228 $68,775 Number of V+TL Trials 35 33 2 Vehicle and Traffic Law (V+TL) Cases (See attached chart.) Vehicle and traffic law matters account for the majority 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 in. 2007. - Increase in driving while ability impaired (DWAI) cases - 2 in 2006, 10 in 2007. These are the lower level (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 driving offense can easily end in tragedy. - Increase in unlicensed operator convictions - 1.4 in 2006, 22 in 2007. 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 usually dismissed. But occasionally the defendant 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 charge 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 her/his license restored. - Increase in inspection sticker cases - 1.5 in 2006, 36 in 2007. This number is a little surprising because most are dismissed if the defendant was uninspected a short time and immediately corrects it. Thus in 2007 there were twice as many instances where the period of uninspection was extensive. - Decrease in cell phone cases - 91 in 2006, 57 in 2007. Maybe people are more conscious of the prohibition against using a cell phone while operating a motor vehicle or have started using the "hands free" devices. - Increase in total convictions - 538 in 2006, 561 in 2007. This occurred even though the total number of vehicle and traffic cases dropped a bit - 1213 in 2006, 1132 in 2007. - Decrease in dismissals - 384 in 2006, 334 in.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 the defendant actually had insurance, but simply did not have the card in the vehicle at the time of the stop). - Increase in fines/surcharges collected - $ 63,228 in 2006, $68,775 in 2007. Parking (See attached chart.) While part of the Vehicle and.Traffic law cases, parking tickets are usually processed administratively by the Police Department and the Court Clerk without the need for my intervention. Therefore, the parking ticket statistics are separated from the other vehicle and. traffic matters. Only occasionally do I have to hold a trial or even review a defendant's response 3 to a parking ticket. Nevertheless, the Court Clerk must always process the paperwork and occasionally arrange for payment of the fines. The number of parking tickets increased from 95 in 2006 to 124 in 2007. 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 Traffic 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 Penal Law convictions in 2007 as compared to 31 in 2006, 19 in 2005, and 24 in 2004. The numbers are probably too small for us to claim any sort of trend. Civil/Small Claims Cases (See attached chart.) Although both categories deal with non-criminal matters, the "Civil Docket" is technically different from "Small 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 filed in the "Civil" category. Civil and Small Claims cases make up the smallest number of cases but include subject matter of importance, e.g. landlord-tenant matters, consumer transactions, contract disputes over bills for professional services, etc. These cases tend to be very time consuming and often result in 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 2007 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 in 2007 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 include 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. All these activities are time consuming and critical Court activities, but collecting the data on these is not automatic by the computer system. I completed the required 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 4 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 village courts and are considering issues, including the possibility 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 party influence on the selection of judges (no party label identification on the ballot); 3 -removing certain privileges now being provided to attorney judges (not required to pass the exams after annual 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 public that judges deserve special treatment. Miscellaneous We not only started.recording all court;proceedings during 2007 on tape, but were successful in being awarded a free computer/recorder that records all proceedings digitally. 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: February 7, 2008 Respect f y submi Glenn G. Galbreath Village Justice 5 VEHICLE + TRAFFIC CASES (rnost are not criminal misdemeanors or felonies) OFFENSE _ 2003 2004 2005 2006 2007 speeding _ 148 174 204 143 164 speeding in school zone 5 20 12 11 stop sign 10 8 7 14 11 fail to obey traff. control device 209 178 200 188 195 DWI (Mild./Fel.) 3 2 2 2 3 DWAI 1 3 9 2 10 aggravated DWI (Misd./Fel) fail to keep right 5 16 12 9 no passing zone/follow to closely 10 9 3 aggravated unlicensed operation (Misd./Fel.) 2 2 unlicensed operation 16 11 12 14 22 suspnd./revokd. license (Misd./Fel.) 4 1 1 unregistered vehicle 17 9 4 -7-6 uninspected vehicle 27 33 29 15 36 equipment violation 32 23 6 6 11 seatbelt 30 41 24 14 14 no insurance 1 1 cell phone 33 43 57 91 57 license plate 20 2 2 other 51 13 9 6 5 TOTAL CONVICTIONS 601 551 611 538 561 LIFTED LICENSE SUSPENSION(see below) 11 TOTAL DISMISSED 461 421 338 384 334 ACD (V+TL only)(see below) 9 10 7 11 9 SCOFFLAWED CASES (see below) 356 84 186 185 93 PARKING TICKETS 192 152 117 95 124 TOTAL V+TL CASES 1619 1218 1259 1213 1132 V+TL TRIALS 16 22 35 35 33 ACD" is an adjournment in contemplation of dismissal. It is used when the defendant and prosecutor agree that the penalty imposed by a conviction is disproportionate to the actual offense, and they agree to conditions which if met by the defendant would warrant later dismissal of the charge. The defendant and prosecutor then have to secure the Justice's agreement before it can be issued. "Scofflawed cases" are those where a defendant failed to appear or to pay. The Court Clerk notifies the Dep't of Motor Vehicles which in turn suspends the defendant's driver's license until the case is fully resolved. In serious cases,the Court may also issue a bench warrant for the defedant's arrest. "Lifted License Suspension" is a new fee the State requires when a license is restored after suspension. PENAL LAW CASES (most are criminal charges - misdemeanors of felonies) OFFENSE 2003 2004 2005 2006 2007 alcohol 2 3 alcohol in the park 7 2 — 4 14 assault _ aggravated harassment bad check burglary crim. contempt crim. impersonation crim. mischief 1 1 crim. poss.forged instrument. _ 1 _ crim. poss. stolen property 5 1 crim. poss. of a weapon crim. tampering 2 dog ordinance 2 10 1 2 disorderly conduct _ 3 6 2 fireworks 1 2 7 fugitive grand larceny harassment 3 3 illegal; dumping 1 2 menacing motor vehicle -unlawful use _ open burning 1 park - after hours 3 1 4 5 park- lawn petite larceny 1 2 1 poss. of a controlled substance 4 2 2 3 public lewdness rape - attempted reckless endangerment resisting arrest 1 scheme to defraud 1 selling controlled substance trespass _ _ 2 unlawful imprisonment 2 2 unlawful contact with a minor 1 zoning violation other criminal 1 TOTAL CASES 37 24 19 31 16 CIVIL CASES (SMALL CLAIMS + REGULAR CIVIL DOCKET) 2003 2004 2005 2006 2007 ALL FINES, FEES + SURCHARGES (CIVIL + CRIMINAL) 2003 _ 20041 2005 2606 2007 COLLECTED 59,540 64,615 74,848 63,228 68,775 OWED BY DEFENDANTS 15,225 15,495 13,455 14,175 15,975