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HomeMy WebLinkAboutVillage of Cayuga Heights Court 2016 Annual Report.PDF20r6 ANNUAL REPORT VILLAGE OF CAYUGAHEIGHTS 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 There was a decrease in the number of cases from 2015 to 2016. Fines collected proportionatgly decreased. Following the summary of data immediately below is a short narrative about the data and othercouft activities for the year. The charts attached at the end contain a little more detail and cover a five year period. Case T)tpes Vehicle + Traffic Law (V+TL) (including parking) Penill/Criminal Law Civil/Small Claims Total Cases Total Funds Collected Nuntber of V+TL Trials 2015 1 )O)L)?v. lf) 4 1 ))) $ 83,143 14 2016 1,017 16 0 1,033 $ 75,223 16 vehicle ancl rraffic 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 the Court Clerk's time. The total number of V+TL cases in2016(1,033) is almost 20Yolower than in 2015 (1,222)butis still more than twice what it was in 2011(506). Some of the cases with the most significant changes in numbers from 2015 ro 2016include: speeding (down fuom 92 to 69); failure to obey a traffic control device (up from 233 to257); andcell phones (down from 39 to l4). Alcohol related driving offenses (driving with ability impaired - DWAI, driving whileintoxicated - DWI and aggravated driving while intoxicated - ADWD are impoiant cases andtheir numbers decreased from 23 in2015 to r7 in2016. That being said, we have had a widerange of numbers for these offenses during the past five years - from a low of 2 in2011 to thehigh in 2015 of 23 and now down to 17. -2- The number of dismissed cases decreased from 2015 (695) to 555 in 2016. Almost all of these cases were for minor equipment, inspection, and insurance card violations. Most of the dismissals were done in the "interests ofjustice," either because there was no violation (e.g. driving without insurance, but later it was shown that insurance actually was in effect at the time of the ticke't) or the violation was minor and quickly remedied (e.g. recently expired inspection or registration or minor equipment violations). Dismissals also "in o""u1. when the prosecution and defense enter into an agreement and then together ask and convince me that justice would be served by rny agreeing to their plea bargain as well. Sometimes plea bargains result in reducing or dismissing some of the charges in return for a guilty plea on another .hurg.. In some courtsf the pressure of high case loads can be a significant incentive for the judge to"accept a plea bargain proposed by the defense and prosecution. Because the Village 6ourt's case numbers are not overwhelming, case load pressure does not play arole in my determining if apleabargain is appropriate or not. Parking ([iee attached chart.) Although parking tickets arc part of the v+TL statistics, we identifii them separately in the attached chatt. The administrative processing frequently is done by the Police Department and the Court Cilerk without the need of my intervention. Only occasionally do Lr""d to arraign a defendant or hold atrial for a parking ticket. Nevertheless, the Court iterk must alway, pio"e* the paperwork and occasionally affange for payment of the fine. The number of parking ii.k.t, dropped 40a/o fromgI in2015 to 55 in 2016. PenaVCriminal Cases (See attached chart.) The Penal/Criminal Law category includes local law and state law infiactions, misdemeanors and felonie:;. Generally, these are more serious than most V+TL matters and take more time. Infractions rare the lowest level of criminal cases and the penalty is rarely more than a small fine. Misdemeanors and felonies are more serious and create a formal criminal record for a defendant that stays with himiher for a lifetime. Not counted in the Penal/Criminal Cases statistics, even though many are also misdemeanors or felonies, are some of the more serious V+TL offenses, e.g' DWI, ADWI, reckless driving, aggravatedunlicensed operation (AUO), leaving the scene of an injury accident, etc. Those misdemeanor V+TL cases appear only in the V+TL statistics charf. The rnost serious charges, felonies, do not appear in any of our statistics ataII. That is because the computer program only identifies cases that are closed with a conviction or dismissal in our court. Felony cases that arise in our court do not ultimately stay there and are not "closed or dismissed" here. They eventually get transferred to the Tompkins County Court and, thus, never show up in our computer statistics. For example, the murder case we had in thefall of 2014 brought me to court four times (three of which were in the middle of the night): to rgview and sign a search warrant, to modi$, thatwanarfi. to arraign, assign counsel and remand the defendant to jail, and to starl a preliminary hearing (which wai ultimately waived by the defendant)' All of these activities occurred prior to our transferring the case to the county coufi, yet none of the activities, or even the case itself, are reflected in our statistics. -3- In2016 the number of our criminal law cases (16) was the same as it was in 2015 (16). At least one quafiel of these cases were not especially serious, e.g. 3 involved people visiting Sunset Park after hours and I for loud noise. Vehicle and Traffic Trials (See attached chart.) The number of trials reflects only those held for V+TL cases and not for the criminal or civilcases' Again this is a due to a limitation in our computer program's clata collection. We had l6V+TL trialrs in 2016 and 14 in20I5. This is still zuily tow relative to what the courl has done in the past, e.g. in 1995 we had IZ4 V+TL trials. Civil and fimall Claims Cases (See attached chart.) Both the Civil and the Small Claims case categories concern non-criminal and non-V*TL matters. They involve private disputes between people or organizations. They are not actions brought by the government against a person for violation of the criminal law. And the "CivilDocket" is ttechnically different from "small Claims." Both have the same maximum monetaryjurisdiction of $3,000, but the Small Claims cases use an expedited procedur e thatis simpler, less expenslve and more accessible to people without lawyers. Civil and Small Claims cases make up the smallest number of cases (none in20I6 and only 4 rn2)I5),but include subject matter of impoltance to the parties, e.g. landlord-tenant matters, evictions, consumer transactions, contract disputes over bills for professional services, etc. These cases tend to be time consurning and often result in longer trials and written opinions. The Courl routinely refers the parties to the Community Dispute Resolution Center for mediation as soon as the .ur. i,filed with the court, but does not delay the court's proceedings while mediation is being considered or used unless the parties agree on asking for a de1ay. Other activities Other activities that do not appear in our reports of data include: late night arraignments, review of search and arrest watrants, pretrial hearings, status conferences, motion hearings/arguments, orders of prrltection, declarations of delinquency, preliminary felony hearings, hearingi on violations of probation, and sentencings. All are time consuming utra i-poiant activities, but collecting the data on them is not automatic through our computer. Patricia Kannus, the Court Clerk, attended clerkship refresher training sessions in2016. I completed tJre required two days of Advanced Continuing Judicial Education program for town and village justices. Tompkins County received $150,000 shared services grant from New York State to scan older court records of town and village courts. Ms. Kannus sent out our older court records and they are being scanned. This project is taking a lot of time but eventually the paper records will bereturned, orS5anized and reviewed before we can apply to the State court ,yri"- for permission tohave the paprer copies of those records shredded. Thi. pto."rs may cause the Courl Clerk,s -4- hours to inorease somewhat, but ultimately the records will be more easily accessed electronically and we will save much storage space. I was re-elected in March, 2016 for another four year term as the Village Justice. Conclusiotl Should you have any questions or comments, please contact me or the Court Clerk. Further, Iremind everyone that the court sessions are held every Tuesday evening starting at 6:00 pM and+L^ c-^+ -Tal^----- J ^-, t ,athe first Thursday of every month starting at 5:00 pM. fne public in gJneral, aid you inparticular, are invited to observe these sessions. Dated: February 20,2011 Respectfully submitte d,,,-)/// Glenn G. Galbreath Village Justice -5- VEHICLE + TRAFFIC CASES fV+rL - most are not criminal misdemeanors or felonies) CONVICT IONS OereNSe tqeneraltffi 2011 2012 2013 2014 2015 201speedingo/113 JZ h spggqllg in schoolzone 11 18 2,5 2 lrstop sign 14tl 12 27 7 4fail to obey traff. control device 91 too zto J tv z,7J 25DWAI (driv. with abitity impaired)1 7 zv 1iDWI (driv. while intox. - misd. or felony)1 1 z zADW (aggravated DWI - misd. or felony)0 0 J 1 1failto keep right 1q 10 1 1 no passt!g zone/follow to closely 1 2 B 0AUO (aggrav. unlicens. oper. - misO. or tetonv)z 1 z 1 0 5unlicensed operation 7 12 9 42 19 13suspnd./revokd. license (misd. or felony)0 0 1 0 0unregistered vehicle z 1 0 14 4n uninspected vehicle 1 L-|2 tz h equipment violation o 13 12 12 a 1seatbelt'10 17 o 7no Insurance 0 0 0 0 0cell phone 43 o4 z.t Iotherqto27J44123 TOTAL CONVICTIONS 271 429 453 609 507 451 r rJ I AL UlutvilXttjtsL'235 372 329 695 ACD (see below)10 1B 10 4 11 PARKING TICKETS 127 147 167 88 YI AO TOTAL V+TL OASES 4nA 959 1307 1202 101V SCOFFLAWED CASES (see betowl F4 94 132 190 164 LIFTED LICENSE SUSPENSTON (see betow)7 7 1 V+TL TRIALS 14 19 14 '15 t4 16 r\uu ls an adjournment in contemplalion of dismissal. lt is used when the defendant aru that the penalty imposeO n conditions which if met by the defendant w I prosecutor "g'ee t"l 'lc{endanf ar agree prosecutor then must sesurc!he justice's agreement cefore it can be issued nCoITIaWeQcases''arethoseWheread"f"nd"@'TheCourtcte*notirlesT @ iriutt,resolved. In serious cases, the Court may ali Lrrceo Ltcense suspens/on" is a new fee (970) the Sl ate requires when a licer se ts restore d after susp 3nston 0)o) fl F o)(o Ntr)N cf)$N o rf)(r)O @ o t'*o v iNiN N$)v lr)lf)f-- O (or rf)$ @ cf)N C\r r.c) F. 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I od' I I,IJ =IIJ I(o oN rErrALrL,r1tililNAL LAw UAu@nfractions, state + local) NSE 1 2014 2016 alcohol 1 assault laA bad check DUrgrary cflrn^co{lt( 1 crim. mischief arim aa^- f^, 1 4 1 2 121crim. tar d^^ ^'ni 2 z 4 1 z 1fireworks;_;-rugrilve trand larcel harassment 1 1 1 1 1 1;z men 1 uiltalwtut Ltse vPsr I vut | ilt tg 1noise ordinance (new 2012)o 8 7 1park - after hours 1 14 11 11 4park - lawn 1 petite larceny 1 1 poss. of a controlled substance 7,public lewdness ape - attempted rec!!eqs endangerment resisting arrest scheme to defraud seilil tg uut il.r()ilea suostancg trespass 1 I 1 1unlawful imprisonment unlawful contact with a minor zoning violation cther criminal 1 TOTAL CASES 37 JZ 16 to CIVIL CASES SMALL CLAIMS + REGULAR CN/IL ALL FINES, FEHS * SUR $101 ,365 $83,143