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Home My WebLink About2004 Village Court Annual Report.PDF2004 AI{I{UAL REPORT VILLAGE OF CAYUGAHEIGHTS COURT Glenn G. Galbreath Village of Cayuga Heights Justice Patricia Kannus Village of Cayuga Heights Court Clerk ANNUAL REPORT OF GLEI{N 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. In2004 we obtained a new data processing computer program and it reports cases based on the charges on which the defendantwas 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. Case Types Vehicle + Traffic Law (V+TL) Parking Penal Law ("criminal") Civil/Small Claims Total Cases Total Monies Collected Number of V+TL Trials 2003 1062 192 37 3 r294 $ 59,540 t6 2004 982 r52 24 7 I 165 $ 64,615 22 1 The data from 2003 and before reflects cases bythe original charge. shows cases by the charge at the time of closing the case. .,L From 2004 on. the data Yehicle 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 occuned primarily in cases involving: failure to obey traffic control devices, unlicensed driving, unregistered vehicles, equipment violations, improper license plates, and "other" violations. lncreases occurred chiefly in cases involving: speeding, not using seat belts, and cell phone use. Alcohol related driving convictions (DWI and DWAI) remain about the same (4 in2AB 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 fulIcompliance 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 afiange for payment of the fines. The number of parking tickets dropped about 20% (192 in 2003 and 152 in2004). Penal Law (Criminal) Cases (See attached chart atpage 6.) The category of Penal Law cases is one of the most important and time consuming. The Penal Law includes non-traffic violations, misdemeanots, 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 24Penal Law convictions in 2004 as compared to 37 in 2003 and 45 in2002. CiviVSmall 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 sewices, 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 eaoh year, but we had 8 in2004. Fines. Fees and Surcharges Collected and Those Still Owed (See attached chart atpage 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 itrose to $64,615. 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 in2004 which is a slight increase from the 16 in2003. 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 taining sessions in2004. Court Equipment and Record Systems Upgrade We are using (and enjoying) the new data processing compriter 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 compietely 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, ,r') ,t),//, o ,/ ,/ ,y' -r'-/ye^W4 Glenn G. Galbreath Villase Justice VEHICLE AND TRAFFIC MATTERS OFFENSE speeding speeding in schoolzone stop sign fail to obey traffic control device DWI DWAI failto keep right no passing zone unlicensed operation aggravated unlicensed operation suspended/revoked license unregistered vehicle uninspected vehicle equipment violation seatbelt violation no insurance cell phone use license plate violation other Total Convictions Total Dismissed AGD for V+TL Casesl Total V+TL Cases V+TL Trials Parking Tickets Scofflawed Cases2 2000 403 14 10 1253 52 117 114 2001 435 15 1 338 53 182 149 2002 311 14 '208 1 13 1289 38 202 399 2003 148 10 209 1 16 9 1071 16 192 356 2004 174 B 178 2 5 11 10 982 22 152 84 e 5 4 13 B 14 45 36 41 5 60 27 92 4n 2 41 1 23 27 51 14 23 5 4 17 27 32 30 33 20 E4 601 461 1 24 4 1 6 50 31 37 4 I 15 15 721 555 .t I I 33 23 41 43 2 13 551 421 731653 592590 Lifted License Suspension 14 1 ACD is an adjournment in contemplation of dismissal. It is used when the defendant and prosecutor/policeagree thai the penalty imposed by a conviction is disproportionate to the offense and they agree to conditions which ifmet by the defendant *ould*uounilaterdiimissalofthecharge, ThedefendantandtheprosecutorthenhavetosecuretheJustice'sagreementbefore it can be issued. 2 "scofflawed cases" are those where a defendant failed to appear on a ticket or failed to pay the hne/surcharge. The Court Clerk notifies the Department of Motor Vehicle which in tum suspends the defendant's driver's license until the defendant appears before the Court. In serious cases, the Court also has the option ofissuing an arrest or bench warrant. Starting in2004 there is a fee to lift the suspension. PENAL L.AW CASES OFFENSE alcohol alcohol in the park assault aggravated harassment bad checks burglary criminal contempt criminal im personation criminal mischief criminal possession of forged instrument criminal possession of stolen property criminal possession of a weaPon criminal tampering dog ordinance disorderly conduct fireworks fugitive grand larceny harassment illegaldumping menacing motor vehicle - unlawful use menacing open burning park - after hours park - lawn petit larceny possession of controlled substance public lewdness rape - attempted reckless endangerment resisting arrest scheme to defraud sell controlled substance trespassing unlawful imprisonment unlawful contact w/ rhinor zoning other criminal Total 2000 2001 2 2003 2 7 5 2 z 3 .1 I 1 1 4 1 1 4 I J 2 2 ,| I 4 I 10 2 I 2 3 1 1 4 o 4 o 1 4 2437204522 CNIL/SMALL CLAIMS CASES CIVIL CASES .2004 2000 2001 2002 2003 2004 0t138 ALL FINES, FEES Ar{D SURCHARGES - 2004 The figures below include the total monies collected for all fines, parking fines, civil fees, and mandatorysurcharges, COLLECTED r ?3T* l1::r, 13:h, ?g':* 2j;::,, MONIES OWED BY DEFENDANTS AT YEAR END $ 12,730 16,425 14,330 15,225 r5.4g5 F: \,fUSTICE\Ann-Rpts\Ann-rep-04.wpd 7