Loading...
HomeMy WebLinkAboutItem 01 2019 Municipal Court Report AGENDA ITEM SUMMARY Meeting Date: 6/24/2019 Meeting Type: Work Session Staff Contact/Dept.: Susan Triem / Finance Staff Phone No: 541-726-2354 Estimated Time: 15 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging Partnerships and Resources ITEM TITLE: 2019 Municipal Court Report ACTION REQUESTED: None – Informational Only ISSUE STATEMENT: N/A ATTACHMENTS: 1) 2019 Municipal Court Report DISCUSSION/ FINANCIAL IMPACT: Overview of current Municipal Court operations and anticipated challenges for the coming year MEMORANDUM TO: Mayor and City Council FROM: Susan Triem, Municipal Court Judge SUBJECT: 2019 Municipal Court Report DATE: June 12, 2019 OVERVIEW: The goals of the Springfield Municipal Court are to preserve community safety, protect the rights of individuals, inspire public trust and confidence, and provide excellent public service by delivering fair and accessible justice services. The Springfield Municipal Court adjudicates misdemeanor crimes, traffic violations, parking violations, and civil code violations. Violations are non-criminal, and carry a fine as a penalty. Misdemeanor crimes can carry a penalty of up to 364 days in jail, and/or a $6,250 fine. Examples of misdemeanor crimes include driving under the influence of intoxicants, assault in the fourth degree, harassment, resisting arrest, interfering with a peace officer, theft, disorderly conduct, and trespassing. Court is in session every week-day. We have regularly-scheduled dockets for violation arraignments and trials, criminal arraignments, criminal hearings, probation violation hearings, and open court where community members can talk to a judge about any matter that is pending before the court. Criminal trials are scheduled on Tuesdays and Wednesdays. In 2018, the court called in juries for 11 trials, held four bench trials, and 270 violation trials. CASE LOAD: 2018 saw a slight decrease in the total number of criminal complaints and non-criminal violations brought into court over the past three years. Count of Docket # 2014 2015 2016 2017 2018 MISDEMEANOR CLASS A 1,910 1,955 2,186 2,468 1,971 MISDEMEANOR CLASS B 423 453 452 541 472 MISDEMEANOR CLASS C 952 946 1,132 1,131 953 MISDEMEANOR CLASS UNCLASSIFIED 36 40 38 11 2 Total 3,321 3,394 3,808 4,151 3,398 PARKING 648 712 VIOLATION CLASS A 1,278 1,473 1,610 1,948 2,000 VIOLATION CLASS B 2,968 3,262 3,196 3,542 3,452 VIOLATION CLASS C 540 739 594 346 113 VIOLATION CLASS D 1,276 1,582 1,446 1,123 899 VIOLATION CLASS UNCLASSIFIED 1,489 1,618 2,080 2,150 1,598 Total 7,551 8,674 8,926 9,757 8,774 GRAND TOTAL 10,872 12,068 12,734 13,908 12,172 Attachment 1, Page 1 of 5 The 2018 criminal caseload was 94% of the five-year average, and the violation caseload was a little over 100% of the five-year average. By comparison, the Eugene Municipal Court reported that it adjudicated 5,260 misdemeanor cases in 2017 (the only year data was readily available). CRIME CATEGORIES: The most common criminal offenses are as follows: Top 10 Criminal charges by year 2018 Count 2017 Count CRIMINAL TRESPASS-2 413 DUII 538 DUII 360 CRIMINAL TRESPASS-2 430 THEFT 3 311 THEFT 3 414 DISORDERLY CONDUCT 2 267 DISORDERLY CONDUCT 2 308 THEFT 2 217 THEFT 2 270 DWS-MIS 141 RECKLESS DRIVING 155 HARASSMENT PHYSICAL 131 INTERFERE WITH POLICE 145 RECKLESS DRIVING 129 DWS-MIS 145 INTERFERE WITH POLICE 103 CRIMINAL MISCHIEF 2 133 CRIMINAL MISCHIEF 2 80 RESISTING ARREST 112 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2014 2015 2016 2017 2018 VIOLATION CLASS UNCLASSIFIED VIOLATION CLASS D VIOLATION CLASS C VIOLATION CLASS B VIOLATION CLASS A PARKING MISDEMEANOR CLASS UNCLASSIFIED MISDEMEANOR CLASS C MISDEMEANOR CLASS B MISDEMEANOR CLASS A Attachment 1, Page 2 of 5 2016 Count 2015 Count DUII 471 DUII 392 THEFT 3 458 THEFT 3 380 CRIMINAL TRESPASS-2 406 CRIMINAL TRESPASS-2 340 THEFT 2 236 DISORDERLY CONDUCT 2 284 DISORDERLY CONDUCT 2 177 THEFT 2 258 HARASSMENT 138 HARASSMENT 108 DWS-MIS 135 INTERFERE WITH POLICE 102 INTERFERE WITH POLICE 131 CRIMINAL MISCHIEF 2 94 RECKLESSLY ENDANGERING 122 RECKLESSLY ENDANGERING 84 RECKLESS DRIVING 102 RECKLESS DRIVING 80 2014 Count DUII 494 THEFT 3 405 CRIMINAL TRESPASS-2 312 THEFT 2 245 DISORDERLY CONDUCT 2 228 HARASSMENT 123 INTERFERE WITH POLICE 104 DWS-MIS 98 RESISTING ARREST 84 CRIMINAL MISCHIEF 2 80 VIOLATION CATEGORIES: The most common violation offenses are as follows: 2018 Count 2017 Count DWS-VIO 1,722 DRIVING UNINSURED 1,674 DRIVING UNINSURED 1,609 DWS-VIO 1,634 VIO DESIGNATED SPEED LMT 600 VIO DESIGNATED SPEED LMT 878 OPER W/O DRIVE PRIVILEGE 456 OPER W/O DRIVE PRIVILEGE 559 FL PAY VEH REG FEE 393 FL PAY VEH REG FEE 527 VBR 350 VBR 426 DRIVE USE CELLPHONE-B 304 FL OBEY TRF CONT DEV 319 FL OBEY TRF CONT DEV 235 FL USE SAFTY BELT/SYSTEM 210 CARELESS DRIVING 231 DRIVE USE CELLPHONE 197 FL USE SAFTY BELT/SYSTEM 187 CARELESS DRIVING 187 Attachment 1, Page 3 of 5 2016 Count 2015 Count DRIVING UNINSURED 1,369 DRIVING UNINSURED 1,460 DWS-VIO 1,311 DWS-VIO 1,237 VIO DESIGNATED SPEED LMT 956 VIO DESIGNATED SPEED LMT 864 FL PAY VEH REG FEE 702 FL PAY VEH REG FEE 640 OPER W/O DRIVE PRIVILEGE 545 DRIVE USE CELLPHONE 561 DRIVE USE CELLPHONE 425 OPER W/O DRIVE PRIVILEGE 555 VBR 404 FL USE SAFTY BELT/SYSTEM 533 FL USE SAFTY BELT/SYSTEM 386 FL OBEY TRF CONT DEV 360 FL OBEY TRF CONT DEV 329 CARELESS DRIVING 184 CARELESS DRIVING 211 VBR 183 2014 Count DRIVING UNINSURED 1,343 DWS-VIO 1,137 VIO DESIGNATED SPEED LMT 676 FL PAY VEH REG FEE 623 OPER W/O DRIVE PRIVILEGE 514 DRIVE USE CELLPHONE 393 FL USE SAFTY BELT/SYSTEM 376 FL OBEY TRF CONT DEV 369 POSS LT 1 OZ MARIJUANA 309 CARELESS DRIVING 154 COURT STRUCTURE: Administrative Staff: The Municipal Court’s administrative staff is comprised of the Court Supervisor (Allison Sederlin), Senior Court Clerk (Erin Selvey), and six court clerks. Ms. Sederlin and Ms. Selvey have recently been asked to serve on an advisory committee for a “Virtual Court” software platform designed by the court’s current software provider (Tyler Technologies). The “Virtual Court” will allow us to expand accessibility to individuals who cannot attend court. In addition, Ms. Sederlin and Ms. Selvey are working with Tyler Technologies to expand our ability to send out automated call notifications and text notifications for missed payments, upcoming court dates, etc. Through Ms. Sederlin’s and Ms. Selvey’s efforts, we have the chance to test these new features and concepts at no additional cost to our court. Judicial Staff: The Municipal Court’s judicial staff is comprised of a presiding judge (Susan Triem) and two pro tem judges (John Kim, William Warnisher). We also have a third pro tem judge who is available as back-up when needed (R. Scott Palmer). Public Defense Contract: Most of the defendants who are charged with a crime in the Springfield Municipal Court are eligible for court-appointed attorneys. The City awarded a contract for indigent defense services to McKenzie Defense in January 2019. This was a competitive process, and McKenzie Attachment 1, Page 4 of 5 Defense impressed the selection committee with their pledge to provide effective representation for their clients, and their willingness to embrace changes proposed in the new RFP. McKenzie Defense has demonstrated a commitment to engage with their clients in a timely manner (especially those who remain incarcerated pre-trial), and attorneys now appear and advocate for their incarcerated clients at the first court appearance. City Prosecution Contract: Leahy Cox, LLP, provides prosecution services to the City. In spite of the large number of cases that are processed by their office, the attorneys and staff provide an excellent level of service to the City. They efficiently resolve large numbers of cases, and effectively represent the City at trial when needed. CHALLENGES FACING THE COURT: Mental Health Issues: The nonprofit Mental Health America recently ranked Oregon as the worst state in the country for mental illness rates and lack of effective community support. This disconnect between need and assistance has had a very real impact on our court. Too often, our jail has become the de facto mental health facility for those with untreated or undertreated mental illness in Springfield. Without effective intervention, these individuals cycle through the court system repeatedly. These cases are incredibly time consuming for judges, court staff, prosecution and defense attorneys as all parties must shift into problem-solving mode to try break the cycle of recidivism. Too often such attempts are unsuccessful as there simply are not enough effective community programs for this difficult-to-engage population. Unfortunately, we are seeing increasing numbers of individuals with mental illness in our court. Last year, the court processed 19 “fitness to proceed” motions. So far this year, we have already processed 14 fitness motions, with no end in sight. Sixth Amendment Center Report: The nonprofit Sixth Amendment Center presented a report in January 2019 to the Oregon Legislature that criticized Oregon’s indigent defense systems. In particular, the report attacked the flat-rate compensation plan used by most courts as “creating an incentive for attorneys to handle as many cases as possible and to do so as quickly as possible, rather than focusing on their ethical duty of achieving the client’s case-related goals.” The legislature plans to form panels to review indigent defense compensation systems at the state and municipal level, with recommendations to follow. Court security: Court security continues to be a concern. We see angry, volatile people on a regular basis. Attachment 1, Page 5 of 5