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Home My WebLink About2008 Village Court Annual Report.PDF2008 AI{NUAL REPORT VILAGB OF CAYUGAHEIGHTS COURT Glenn G. Galbreath Village of Cayuga Heights Justice Patricia Kannus Village of Cayuga Heights Court Clerk ANNUAL REPORT OF' GLENN G. GALBREATHO 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 quiet 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 Vehicle * Traffic Law (V+TL) Parking Penal Law ("criminal") CivillSmall Claims Total Cases Total Monies Collected Number of T/+TL Trials 2007 2008 1008 1004 t24 75 t6 15 l3 tt49 J 1097 $ 68,775 $ 64,597 33 31 lases (See attached .t u.t.i vehicle and traffic law matters accornt for the majority of the court,s cases, fines andsurcharges collected and court clerk's time. The iotal number of vehicle and traffic cases isabout the same as last year. A few changes include: - Decrease in speeding cases (includiing in the school zone) - 164 1n2007,135 in 200g" - Significant increase in alcohol related offenses.(driving wliile intoxicated (DwI), driving withabilitvimpaired(DWAD *asgravated_Dw)-s iltod;11in2005, +iiiioe,r.in2007,anda large jump to 35 in 2008. this is a disturbing op;*a two-year trend and one that we can onlyhope is an aberration, because any alcohol or d;g retut"a arirring offense can easily end intragedy. - Increase in aggravated unlicensed operator convictions - 0-2 annually since z004,but g in2008' These are cases where to-.orri, drives when s/he knows herihis driver's license issuspended' These are not 'Just traffic infractions," but instead are crimes, i.e. unclassifiedmisdemeanors' which like all criminal. convictions create a permanent o,criminal record.,, -. . De9real9 in inspection sticker cases - 36 in 2007 , 77 in200g. Generally these tickets are :ffi:TrT in the interest ofjustice if the defenautt *ur,rJnspected a shorr time and immediately - Increase in cell phone cases - 57 in2.007,71 in200g. - Modest decline in total convictions - 561 in2007,519 in 200g. But there was also a decline thetotal number of vehicle and traffic cases - rl32 in2007, 1079 in200g. - Modest increase in dismissals - 334 in20a7,372 in2008. Most dismissals are in the !,interestsofjustice" and usually are cases involving "no-inr*un."; 1trr. defendant u"toutiy had insurance,but simply did not have the card in the vehicle at the time of the stop) and minor equipmentviolations and recently expired inspectl.ons or registration stickers firtrr.y *" rl-.oi.d quickly). - Small decrease in fines/surcharges collected _ $ 6g,775 in2007, $ 64,597 in 200g, and anincrease in monies owed - $ t s,g7s in 11007 , $ 22,195 in 200g. The monies owed is a cumulativefigure' Many of these fines and surchar€es are eventually paid after adefendant learns thathisarer driver's license was suspended lilr failure t; p;t;ffi sometimes the process takes years. Parking (See attached chart.) while part of the vehicle and Traffic Law cases, parking tickets are usually processedadministrativeiy by the Police Department and the couiclerk without the need for myintervention' Therefore, the parking ticl<et statistics are separately identifiea. onry occasionallydo I have to hold a trial or errin t.ul** a defendant'r t*poirr. to a parking ticket. Nevertheless,the court clerk must-always process the paperwork andoccasionally alrange for payment of thefines' The number of parking tickets decreased from 124 in2007 to 75 in200g. " 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 misdemeanors and felonies. Of course, some of the Vehicle and Traffrc Law cases are just as serious (e.g. the misdemeanors and felonies of: driving while intoxicated, aggtavated driving while intoxicied, reckless driving, aggravatedunlicensed operation, ieaving the scene of an injury accident, etc.). There were 15 Penal Law convictions in 2008 as compared to 16 in 200i,3i in ZOO6, and 19 in 2005. The numbers are probably too small for us to claim any sort of trend. CiviVsmall 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 maxinnum monetary jurisdiction of $3,000, but the Small Claims cases use an expedited procedure ancl is more "consumer friendly." Civil and Small Claims cases make up the smallest number of cases (in 2008 we had 3) but include subject matter of importance, o.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, lbut does not delay the court proceedings while tlie non-litigation altemative is being cc,nsidered or used. Vehicle and Traffic Trials (See attached chart.) The number of trials reflects only those held in Vehicle and Traffic Law cases. We had 31 in 200g which is similar to recent years. We do not eollect data on the number of civil or Penal Law trials notwithstanding their often being more lengthy. Other activities We do not include in any of the data reports: late night an:aignments, search warrant requests, pretrial hearings, status conferences, motion arguments, orders of protection, declarations of delinquency, revocations of probation, or sentencings. A1.[are time consuming and critical activities, but collecting the data on these is not automatic by the computer system. I completed the required two one-day sessions of the Advirnced Continuing Judicial Education Progrim for town and village justices. I also did seven presentations on a variety of topics to ttew;,tdges and another four to experienced judges as part of the mandatory training justices receive. Further, I am on the Curriculum Committee for tlhe New York State Judicial Institute. We do the initial planning and curriculum creation for all the training provided to new and advanced New York State town and village justices. Patricia Kannus, the court clerk ,also attendedclerkship refresher training sessions in 200g. Miscellaneous we succeed in obtaining a New Yor}: State Justice court grant of $5,000. It will assist thevillage in reconfiguring the entrance area to Marcham Hal and prouid. much improved (andlegal!) wheelchair access into the courtroom. The village engineer will begin construction thisspring ' In addition, replastering and painting proceedin"g in th" courtroomio repair waterdamage suffered over the yeaxs. For almost six months we have been revising our monthly procedures for rechecking ourfinancial transactions. we are setting up separate accounts for our bail funds, the acting justice,sfines/surcharges and my fines/surcharges in order that we can more easily tracks them. Conclusion shouldyou-have any questions or comments about the report, please contact me or the courtclerk' Further, I remind everyone that the court session, ur. held every Tuesday evening at 6:00PM and every first Thursday of every month at 5:00 PM. The public in general, and you inparticular, are invited to observe thesl sessions. Dated: February 17,2009 Respectfully submitted, Glenn G. Galbreath Village Justice VEHICLE + TRAFFIC CASES (most are not criminal misdemeanors or felonies) OFFENSE 2004 2005 2006 2007 2008 speeding 174 204 143 164 135 speedinq in school zone 20 12 11 11 stop sign 8 7 14 11 13 failto obev traff. controldevice 178 200 188 195 166 D\M (Misd,/Fel.)2 z z c 18 DWAI J o z 10 v aqqravated DWI (Misd./Fel.)I failto keep riqht 16 12 Y no passinq zonelfollow to closelv 10 o 3 4I aqqravated unlicensed operation (Misd./Fel.)z 2 € unlicensed ooeration 11 12 14 22 17 suspnd./revokd. license (Misd./Fel.)I .l I unreqistered vehicle o 4 7 b 8 rninspected vehicle 33 29 15 36 17 equipment violation 23 o 6 11 4 seatbelt 41 24 14 14 14 no tnsurance 1 I cell ohone 43 57 91 57 71 license olate z z z other 13 q 6 5 14 TOTAL CONVICTIONS 551 611 538 561 519 LIFTED LICENSE SUSPENSION (see below)11 I TOTAL DISMISSED 421 338 384 334 372 ACD (V+TL onlvXsee below)10 7 11 o 13 SCOFFLAWED CASES (see below)84 1i36 185 93 91 PARKING TICKETS 152 117 OA 124 75 TOTAL V+TL CASES 1218 1259 1213 1132 1079 V+TL TRIALS 22 35 35 33 31 %CD" is an adjournment in contemplation of dismissal, lt is used when the defendant and prosecutor agree that the penalty imposed by a conviction is disproportionate to the actual oitfense, and thev aqree to conditions which if met by the defendant would warrant later dismissal of tfre 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 he Court Clerk notifies the Dep't of Motor Vehicles which in turn suspends re defendant's driver's license until the case is fullv 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 - misdemeanors of felonies motor vehicle - unlawful use unlawfulcontact witn a minor CIVIL CASES (SMALL CLAIMS + REGU LAR CrVrL DOCKET) 2004 2005 2006 2007 2008 8 10 1 3 ALL FINES" FEES + SURGHARGES (CIVIL + CRIMINAL) 2004 2005 2006 2007 2008 COLLECTED 64,615 74,8,48 63,228 68,775 64,597 OWED BY DEFENDANTS 15,495 13,455 14,175 15,975 22.195