Thursday, April 20, 2023

Is There Such A Term As "Court Rage"?

This morning in Judge Cheryl Roberts' City Court, the absurd was on display.  Then things got really weird. 

Roberts began the court session by explaining to the 20 or so defendants in the room that the County DA's office no longer offers plea deals in court for simple traffic violations such as speeding and running a stop sign, and that one must go on the DA's website to fill out a form to attempt to get a plea deal/reduced charge.  She then asked that anyone with a non-misdemeanor traffic violation to raise their hand, and about 10 people did so.  Roberts then asked for their names.  These ten people were then told that they had a new court date of June 15th, but in the meantime, they had to go on the DA's site and fill out the ticket reduction form.  "Come back June 15th if no plea deal has been reached," Roberts told them.  They were all handed a piece of paper with instructions on how to apply for a reduced charge from the DA's Office, and out the door they went.  Several of those people looked confused.  And annoyed.

"Instructional," but 
not helpful
Today, at last, I got my hands on one of those sheets of paper that is supposed to help defendants with simple traffic violation tickets get a reduced charge from the County DA's Office.  It contains 600-plus words of legalese that is so unhelpful that it borders on the absurd.  It is as if the City Court and the County DA's Office is trying to make things as difficult as possible for people with simple traffic violations.  The final paragraph is the only part that anyone seeking a reduced charge needs to read, and it isn't easy to get through.
A case was then brought before the judge which required a court interpreter.  2 minutes later that case was delayed.  A handcuffed Columbia County Jail inmate was then brought in, sat down, only to be told a minute later that he needed to step outside because there was missing paperwork.  The inmate was led out the door he had just arrived through.  As this was happening, 6 or 7 more defendants entered the court -- latecomers.  With the Assistant DA in one of the conference rooms, proceedings came to a halt for a few minutes.  Silence.  Then Judge Roberts asked the latecomers if any of them had traffic tickets.  They all raised their hands.  Roberts explained, once again, the new process of getting a ticket reduced and told them to take a sheet and come back May 15th.  Court was so full of delays and seemingly dysfunctional, that I had to leave early.

I decided to call the DA's Office phone number offered at the bottom of the sheet to ask how the application process works.  A message welcomed me to the DA's Office, then said "If you are calling about a traffic ticket, please press one," which I did.  A woman answered and told me that the process of being offered a reduced charge would take no more than two weeks.   "How will I receive notification of the reduced charge?" I asked. 

"By email," she responded.

"Then what do I do?" I asked.

"You need to print it out and take it to City Court."

I thanked her and hung up.

A few minutes later I called the same number to ask another question.  I pressed one for traffic tickets, just as before, but this time a human did not pick up.  Instead, a recorded message came on:  "No one from this office will speak to you about your traffic ticket.  Traffic reduction applications are available through our website... Allow for up to 4 weeks of processing of your application."  The message then offered a web address for the application that is different than what is on the instruction sheet handed out by the City Court.  It is as if the DA's Office and City Court are not speaking to one another.

One of the requirements on the DA's ticket reduction application is for the applicant's DMV abstract.  Until 3 months ago, I didn't know what a DMV abstract was.  It is a history of one's driving record, and one must DOWNLOAD it to the application.  I decided to call DMV on Warren Street and ask about obtaining a DMV abstract.  The phone rang and rang and then went dead.  I called the County Clerk's Office (in the same building), and, after a short hold, a helpful person told me that it costs ten dollars for a DMV abstract.  That abstract will be printed out on paper.  

To apply for a reduction, if one has a cell phone and is able to, one must take a (clear) picture of the abstract and download it to the DA's application.  You will also need to take a (clear) picture of your simple traffic violation ticket and download that to the application as well.

Then wait a few weeks and hope the DA can process your application AND offer you a reduced charge before your adjourned court date. If all your documents are in order, the DA approves of your application and offers you a reduced charge via email, run screaming to the nearest printer (if you can find one) and print that plea deal out, being sure not to lose it for your court date in Hudson City Court.

Up until December of last year, everyone appearing in Hudson City Court with a simple (non-misdemeanor) traffic ticket was given, without request, a reduced charge via the Columbia County Assistant DA who sits directly in front of either Judge Connor or Judge Roberts.  E-V-E-R-Y-O-N-E!!!!  No one had to ask for a reduced charge on their ticket -- it was offered, and E-V-E-R-Y-O-N-E pled guilty to the reduced charge and were on their way.  Boom, boom, done.  The entire process rarely took more than a minute.  The Assistant DA still sits in the same seat.

There are eleven points in the instructions for the DA's online application.  Number 7 states: "Allow up to 4 - 6 weeks for your request to be processed."  

In the FAQ section, number 5 asks: "Can I submit my plea agreement to the Court by email?"  

A: "No.  You must submit your plea agreement by regular mail."






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