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Home My WebLink About2004 Village Court Annual Report.PDF 2004 ANNUAL REPORT VILLAGE OF CAYUGA HEIGHTS COURT Glenn G. Galbreath Village of Cayuga Heights Justice Patricia Kannus Village of Cayuga Heights Court Clerk ANNUAL REPORT OF GLENN G. GALBREATH, VILLAGE JUSTICE The total number of cases is a little lower than last year. But because the computer's method of reporting data is different this year, comparisons of data are not so clear. In 2004 we obtained a new data processing computer program and it reports cases based on the charges on which the defendant was ultimately convicted or acquitted. In the past,the data was based on the charges at the beginning of the case. The new data is probably more reflective of the Court's cases, but makes comparisons to prior years is a little less useful. 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 attached at pages 5-7. SUMMARY OF CASE ACTIVITY' Case Ty,pes 2003 2004 Vehicle + Traffic Law(V+TL) 1062 982 Parking 192 152 Penal Law("criminal") 37 24 Civil/Small Claims 3 7 Total Cases 1294 1165 Total Monies Collected $ 59,540 $ 64,615 Number of V+TL Trials 16 22 1. The data from 2003 and before reflects cases by the original charge. From 2004 on,the data shows cases by the charge at the time of closing the case. 2 Vehicle and Traffic Cases (See attached chart at page 5.) Vehicle and traffic law matters account for the majority of the Court's cases, the fines and surcharges collected, and the Court Clerk's time. The total number of vehicle and traffic cases is almost 10% lower than last year. The decreases occurred primarily in cases involving: failure to obey traffic control devices, unlicensed driving, unregistered vehicles, equipment violations, improper license plates, and "other" violations. Increases occurred chiefly in cases involving: speeding, not using seat belts, and cell phone use. Alcohol related driving convictions (DWI and D WAI) remain about the same (4 in 2003 and 5 in 2004). You may note that although there was a reduction in the number of dismissed cases, they are a relatively large portion of the vehicle and traffic cases (487 dismissal of 987 cases). Probably 90-95% of the dismissals were charges of expired inspection or registration, not having a driver's license or insurance card in the vehicle at the time of the stop, or minor equipment violations. If the defendant presented proof to the Court that s/he actually had valid insurance and driver's license, or her/his registration or inspection only recently expired and was quickly renewed, or the equipment violation was minor and immediately corrected, then the Court frequently dismissed the charge with a warning. Thus, the driver was spared a monetary penalty, and the public was protected by bringing the defendant into full compliance with these legal requirements. Parking (See attached chart at page 5.) 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 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 dropped about 20% (192 in 2003 and 152 in 2004). Penal Law (Criminal) Cases (See attached chart at page 6.) The category of Penal Law cases is one of the most important and time consuming. The Penal Law includes non-traffic violations, misdemeanors, and felonies. Of course, some the Vehicle and Traffic Law cases can be just as serious as Penal Law cases (e.g. the misdemeanors and felonies of: aggravated unlicensed operation, leaving the scene of an injury accident, driving while intoxicated, reckless driving, etc.). There were 24 Penal Law convictions in 2004 as compared to 37 in 2003 and 45 in 2002. Civil/Small Claims Cases (See attached chart at page 7.) Although both categories deal with non-criminal, i.e civil matters, the "Civil Docket" is technically different from Small Claims cases. Both have the same monetary jurisdiction of $3,000, but the latter 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 3 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, but we had 8 in 2004. Fines, Fees and Surcharges Collected and Those Still Owed (See attached chart at page 7.) The total fines and surcharges collected increased even though the number of cases went down. In 2003 we collected $ 59,540, but in 2004 it rose to $64,61 5. Vehicle and Traffic Trials (See attached chart at page 5.) The number of trials reflects only those held in vehicle and traffic law cases. We had 22 in 2004 which is a slight increase from the 16 in 2003. We have not bothered to 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 figures, late night arraignments, search warrant requests, pretrial hearings, status conferences, motion arguments, issuance of orders of protection, declarations of delinquency, revocations of probation, or sentencings. All these activities are time consuming and critical Court activities. Miscellaneous I completed the two one-day sessions of the Advanced Continuing Judicial Education Program Patricia Kannus, the Court Clerk also attended clerkship refresher training sessions in 2004. Court Equipment and Record Systems Upgrade We are using (and enjoying) the new data processing computer program purchased by the Village and the new desktop computer provided by the State of New York through our request for a Justice Court grant. We are still back-loading data but expect that in a couple months to be completely up to date and it should lessen the number of hours required of the Court Clerk. 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 second Thursday of every month at 5:30 PM. The public in general and you in particular are invited to observe these sessions. Dated: March 9, 2005 Respectfully submitted, 7 Glenn G. Galbreath Village Justice 4 VEHICLE AND TRAFFIC MATTERS OFFENSE 2000 2001 2002 2003 2004 speeding 403 435 311 148 174 speeding in school zone 5 stop sign 14 27 14 10 8 fail to obey traffic control device 92 208 209 178 DWI 3 10 1 3 2 DWAI 5 2 3 1 3 fail to keep right 3 11 5 no passing zone 4 1 1 unlicensed operation 13 23 24 16 11 aggravated unlicensed operation 4 suspended/revoked license 8 5 1 4 1 unregistered vehicle 14 27 5 17 9 uninspected vehicle 45 51 50 27 33 equipment violation 36 14 31 32 23 seatbelt violation 41 23 37 30 41 no insurance 5 5 1 cell phone use 15 33 43 license plate violation 20 2 other 59 5 15 51 13 Total Convictions 653 731 721 601 551 Total Dismissed 590 592 555 461 421 ACID for V+TL Cases' 10 15 13 9 10 Total V+TL Cases 1253 1338 1289 1071 982 V+TL Trials 52 53 38 16 22 Parking Tickets 117 182 202 192 152 Scofflawed Cases2 114 149 399 356 84 Lifted License Suspension 14 1 ACD is an adjournment in contemplation of dismissal. It is used when the defendant and prosecutor/police-agree that the penalty imposed by a conviction is disproportionate to the offense and they agree to conditions which if met by the defendant would warrant later dismissal of the charge. The defendant and the prosecutor then have to secure the Justice's agreement before it can be issued. 2 "Scofflawed cases"are those where a defendant failed to appear on a ticket or failed to pay the fine/surcharge. The Court Clerk notifies the Department of Motor Vehicle which in turn suspends the defendant's driver's license until the defendant appears before the Court. In serious cases,the Court also has the option of issuing an arrest or bench warrant. Starting in 2004 there is a fee to lift the suspension. 5 PENAL LAW CASES OFFENSE 2000 2001 2002 2003 2004 alcohol 2 alcohol in the park 1 7 2 assault 2 1 aggravated harassment 2 4 bad checks burglary 1 1 criminal contempt 1 1 criminal impersonation 1 criminal mischief 1 3 1 criminal possession of forged instrument 2 criminal possession of stolen property 2 5 criminal possession of a weapon criminal tampering 2 dog ordinance 2 1 2 10 disorderly conduct 7 4 3 fireworks 1 1 2 fugitive grand larceny 1 harassment 2 1 3 3 illegal dumping 1 2 menacing motor vehicle- unlawful use menacing open burning 1 park- after hours 9 4 3 1 park- lawn petit larceny 2 2 6 1 possession of controlled substance 2 3 4 4 2 public lewdness rape-attempted 1 reckless endangerment 2 1 2 resisting arrest 1 scheme to defraud sell controlled substance trespassing 1 unlawful imprisonment 2 unlawful contact w/minor zoning other criminal 1 5 Total 20 22 45 37 24 6 CIVIL CASES - 2004 CIVIL/SMALL CLAIMS 2000 2001 2002 2003 2004 CASES 0 1 1 3 8 ALL FINES, FEES AND SURCHARGES - 2004 The figures below include the total monies collected for all fines,parking fines,civil fees,and mandatory surcharges. 2000 2001 2002 2003 2004 COLLECTED $ 59,746 68,516 70,176 59,540 64,615 MONIES OWED BY DEFENDANTS AT YEAR END $ 12,730 16,425 14,330 15,225 15,495 F:\JUSTICE\Ann-Rpts\Ann-rep-04.wpd