HomeMy WebLinkAbout2009-0601 Documents Submitted at Meeting
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TO: Ashland City Council and Mayor Stromberg
FROM: Pamela Burkholder Turner, Ashland Municipal Court Judge
RE: Ordinance Establishing Fees and Charges for Municipal Court Administration and an Ordinance
Establishing Classes of Offenses and Minimum Fines in the Municipal Court
DATE: June 1,2009
As the Ashland Municipal Court Judge, I take major changes to the Court very seriously. As an elected official
I believe [ have a responsibility to our community to open a discussion with you and the public we serve about
these proposed changes to the daily operations of the Court. Ashland Municipal Court is a community based
Court, and has historically reflected the values of our community. I have looked at these Ordinances and they
are more problematic than meets the eye. This memo will address several factual points, and briefly discuss the
impact on the Court of three of the changes you are being asked to implement.
Points:
I. It is understood that the City Council has the power to "adopt Ordinances governing the operation and
conduct of the Municipal Court."
2. Those who commit criminal actions including violations and misdemeanor offenses do in fact pay
completely for the administration of the Ashland Municipal Court. The Court's revenue is greater than
its budget. Ashland Municipal Court has not had a drop in fees paid for the fiscal year 2008-2009.
Crime has not increased. Defendants continue to pay their bills at least in part because the Court has a
reputation in our community for fairness, willingness to listen, and the ability to work with those who
have business with the Court. Fairness always involves discretion and flexibility.
3. The significance of the matrix prepared by the Assistant City Attorney comparing 18 municipal courts
across the state (there are over 100 municipal courts in Oregon) is:
a. The only court on the list that mandates designated fees is St. Helens;
b. [fthese Ordinances are passed, Ashland Municipal Court would impose more fees than any of the
Courts on the list;
c. No other courts listed (except St. Helens) or any other court that I am aware of are mandated by their
City Council to impose these fccs. The nonnal course of events involves the judge asking the City
Council for a resolution to cover a fee that the judge has concluded is needed. The judge retains the
discretion to impose the fee or not depending on the individual circumstances of each case.
4. The 5/28/08 email from Vicki Christensen which is attached to the Council Communication is outdated.
Ordinance impact on Ashland Municipal Court administration, the administration of justice,
and the integrity of the judicial process:
1. The explicit language in these Ordinances eliminates the Court's flexibility and discretion. The
Ordinances take away powers the Court now has. Section 4.35.030(C) does not give the Court
discretion because of the (1) limited circumstances in which any discretion is allowed, and (2) the rarity
of these limited circumstances occurring.
2. Criminalizing the Ashland Municipal Code would entitle indigent defendants to court-appointed counsel
and all defendants whose violations fall within the provisions of 1.08.01 0 to a jury trial. The general
trend in this area of the law is to decriminalize municipal codes, partly because of these added expenses.
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3. Delegating to the Ashland City Administrator or the City Administrator's designee the sole authority to
establish the Ashland Bail Schedule removes elected officials from these important decisions, including
the Municipal Court. (Proposed Ordinance Amending 1.08 of the Ashland Municipal Code, etc.
Section 4, 1.08.040, Violation Bail Schedule)
Finally, before voting on these Ordinances, I encourage each of you to visit the Ashland Municipal Court over
the coming months and observe not only the work of the Court while in session, but the work the three Ashland
Municipal Court clerks perform "at the counter." I request that you feel free to contact me, individually or as a
group to consider setting up a public meeting where the Court can be available to answer your questions about
these Ordinances, and where the Court can more fully express how these Ordinances would affect the Ashland
Municipal Court Administration, administration of justice, and the integrity of the judicial process. In addition,
members of the public can come to both learn about and have input on what kind of court best reflects our
community values. This type of contact with the Court and the community presents no conflict of interest issues
for members of this legislative body.
I am concerned that tonight's study session and the Public Hearing currently scheduled for 06/02/09 do not
provide for adequate, informed decisions to be made concerning major changes to the daily operations of the
Ashland Municipal Court.
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COURT ADMINISTRATION FEES CRIME VIOLATION
01 Appeal Transcript Fee $35.00 $10.00
02 Bench Trial nl n4 $60.00 $30.00
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04 Civil Compromise Costs n2 $75.00 N/A
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07 Court Appointed Counsel Application Fee n3 $5.00 -
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09 Court Costs n4 nS $25.00 $15.00
10 Court Security & Training Fee n4 nS' $15.00 $5.00
11 Default Judltment n6 N/A $15.00
12 Discovery n4 n7 . $12.00 $12.00
rm- . . ~rer:siofi1BM muniGip'fi!r@eurf1I1'@lass ~ IDJll!JnGlassififfi'1iii.-l --- $2-5!00JPC-
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~ I!1i:,;,ersiOiilliV1.@O.Ul'lessi()n'l!e~ana ~. $2.
=I . emestiGlP.armershi ReO'istratien $2-5. ' ,
ii'6 l!)rh~ersjl!icense~ ensi~ $t1.5fOO $,]I.5!OO
. 'ilf,iN:erstIfi~enselReinstatelnent affeIi SlIS . ension niJ.ill $.50!00. $.50TBl'l
ii'8 @riv,i!!mJ(ej:ora~Traf[iq@ffens~~I(g~!'.tjf'-~)m12 $111'S.0 $1I1!50
19 Expunction $25.00 $0.00
20 Extend/Amend City Attornev Diversion/Deferred Sentence $45.00 $45.00
21 Failure to Apl1ear for Bench Trial/Show Cause hearinlt n13 $90.00 $70.00
22 Failure to Appear for JUry Trial n13 $150.00 N/A
23 Forfeiture of Securitv $25.00 $25.00
24 Instalhnent Fee nS $25.00 $25.00
25 IiiterestronjJuamlle_I]!Iil!i}l~f1i1)if@~QI1:~~~4. ~ ~
26 Jury Trial nl n4 $100.00' N/A
27 Mediation of critninal action .ulotion of nf<.1Secutor n15 $0.00 N/A
28 Mediation of violation (Mtmicipal Court Mediation) N/~ $65.00
29 Motion Not ReclUirinlt a Hearinlt $0.00 $0.00
30 Motion Requiring a Hearing nS n16 $20.00 $20.00
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33 Reiiiiliursem~[Ik"1lliieD1JjmJil~W $60!OO !lF~
34 Sho~ Cause Admission of Allegation~n4 nS $25.00 $10.00
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