Will McHenry County find itself in the midst of a revolution? It's probably a good thing that more people don't get to partake of "justice" in the McHenry Court Circuit Court.
When the court costs and fees are 148% of the fine in a petty (and I do mean, petty) case, there is something seriously wrong with the legal system.
Take, for example, a case this morning involving a young man who was in a McHenry County Conservation District (MCCD) park after closing. Now I don't know the details as to the reason or the hour - only that he was a passenger in a car that was in the park.
Normally, according to a staff member of the MCCD, a parks police officer normally writes up a contact card the first time he encounters a person in a park after-hours. Or he might write up a Warning. But not a ticket. And, according to that same staff member, a person might not even get a ticket the second or third time. The third or fourth time? Since the person in the park wasn't getting the message, okay, fine; write up a $75 ticket.
Again, I don't know the circumstances. Did he "mouth off" to the ranger? Was he impolite? Did he diss the ranger? Did the ranger ticket him because of an attitude problem, more so than for being in a park after closing? Or did the driver diss the ranger; therefore, they both got tickets?
In any event, the person got a $75 ticket. He could have paid it within about seven days and ended up with a $75 expense and no court record.
Instead? He didn't pay it to MCCD in time, so MCCD transferred the ticket to the McHenry Circuit Court. Court appearance was mandatory, and today he got socked not only with a $75 fine, but with $111 of court costs and fees. How long was he in front of the judge?
I wasn't there, but I'd guess about one minute. At that rate, what's a judge worth to the court system? Let's see, 60 x $111 + $6,660/hour. OK, let's put one minute between cases and cut a judge's value to McHenry County down to $3,330/hour.
Judges are quick to tell defendants that "they" aren't responsible for the high court costs and fees that the victim (err, guilty defendant) is going to learn about after he leaves the courtroom and arrives at the Payment Window.
If you have ever been to the Payment Window, that glass ain't there to protect you from the cashiers!
So, here are the people you direct your anger to, if you live in Woodstock.
1. Your County Board members from your District (look it up here: http://co.mchenry.il.us (look under County Board Appointments, then under County Board Members (don't know in what District you live? call 815.334.4000)))
2. Rep. Jack Franks (jack@jackfranks.org)
3. Sen. Pamela Althoff (pamela@pamelaalthoff.net)
And tell them that a defendant ought to be able to pay a $75.00 for a petty (and I do mean, petty) violation at the Payment Window without having to stand in front of the judge. There is no reason that a court appearance was mandatory, just because the kid didn't pay the $75 to MCCD in time.
There should be a procedure for handling that type of violation administratively.
Dundee Township Hopefuls
5 hours ago
15 comments:
The only judge that gives a 5 min. speech (every freakin time) about court costs is Judge Wilbrandt.
He also is the only judge who tells people to complain to the state legislature, (when clearly the county board has more of the responsibility).
While this is an old topic. Did you know that fines can be calculated either as fines PLUS costs, or fines including costs. Turns out our old clerk didn't want to do it that way, so ours were always fines PLUS costs, which meant .... mo money, mo money, mo money....
Although I haven't looked into it lately (because it bores the hell out of me), McHenry County had some of the highest court costs ... oh, uh... IN THE WORLD. But then as now ... nobody cared, cuz' they are the one's with the guns and the rulz.
Just sayin...
Seems to me that I've heard Judge Beaderstadt alert those in his courtroom about the high court costs and fees. It has been a while since I've listened in his courtroom.
Regarding McHenry CO being the highest.. taint so!
DuPage and Lake both has higher fees as do many collar counties. Some have an administration fee added if you are arrested and they tow your car. I think over $100.00 for any tow even if the police tow your abandon car.
The option is to have higher taxes fund the courts and related activities or do as they currently do and make the users pay. If you are found not guilty you pay nothing except you time. It’s a roll of the dice, either pay by mail and pay $75.00 or gamble and go to court and pay the court fees if you lose.
Thanks, Radar. Had the young man paid MCCD within the first seven days (or so), his cost would have been $75.
Due to unfamiliarity with the judicial system and probably embarrassment, he didn't, so he went to court and pled guilty. So, instead of only $75, he got hammered for an additional $111. That's the unfair part.
He should have been able to go to the Payment Window any day before today and pay the original $75, plus maybe a $10-15 surcharge. Except the "system" doesn't allow for that.
Hard to shed a tear for your latest stray, Gus. He apparently violated the law - you, I and he may not agree with it, but it IS the law. He was given a court date - what part of that didn't he understand? He showed up - finally - for court; the result of a "no show" letter? That makes it a "must appear" I believe. When someone ignores the rules AFTER ignoring the rules or being accused of it, I guess the courts don't feel like they are doing anyone any favors by allowing the violator to come forth when and if they feel like it. See where this is going? Life has choices, choices have consequences. Maybe he'll learn from this experience, maybe others will. In any case, he has only himself to blame. You and others who seek to place the blame on everyone OTHER than the offender are part of the problem.
The date on the ticket given to the defendant is a PLEA date. The arresting officer does not have to appear on this date and up to that point you can pay the basic fine at the window. I am very sure about this. The man of which you speak made a choice to send in his BLUE copy (court communication copy) and requested a trial. He made his choice and now he must live with it.
I have no pity for people that request a trial, lose and then pay the piper.
Mike, thanks for your comment.
The City of Woodstock initially refused to accept walk-in payments of fines for its Administrative Adjudication Court, but it changed its policy after the Court was up and running. And it is to be commended for doing so.
The story was not an attempt to garner sympathy for one person. I point out an unfair system that puts a time burden on a judge for a piddly matter that could be handled administratively.
How do citizens ever cut government down with rules like that in place?
Nota, in your 10:50PM comment you are right about one thing. The date on the ticket is a "plea" date.
But the part about "up to that point you can pay the basic fine at the window. I am very sure about this"?
I wish you were right about that, but it's incorrect, according to the ticket and according to the State's Attorney's Office.
On the Plea Date (Monday) the man pled Guilty (or, possibly, No Contest; I wasn't there). No request for a trial. Basically, he just stepped up and stuck his head through the noose.
If I read Mike's comments correctly I believe Mike must have hit the nail on the head. For this to be a manadatory court appearance for whay would be a ordinace violation ( COUNTY CONSERVATION) a simple petty offense, this man must have failed to pay the ticket before the PLEA DATE then FAILED to appear on the plea date thereby receiving a NO SHOW letter from the court. That NO SHOW letter then makes his minor infraction a MANDATORY court date.
Nota, thanks for the possible resolution but, in the case of MCCD tickets, once MCCD transfers them to the McHenry County Circuit Court, they are a Must Appear at the Plea Date. In this man's case, he did so and pled Guilty. He did not fail to appear and was not a No-Show.
Last week the SAO confirmed that the ticket could not be paid before the court date, once it had been transferred by MCCD, and a court clerk today provided the same information.
I believe these are what are referred to a compliance or P tickets. Some other communities use them as well and I honestly believe they are improper.
The gimmick is that you pay the fine DIRECTLY to the village or in this case MCCD. They get ALL the money and none goes to the courts.
About 10 years ago I was stopped by Bull Valley Police for supposedly 52 in a 45. I knew I was not speeding and strongly protested. They told me they were issuing a "P" ticket (as I recall) and the fine was only $50.00 and would not go against my driver’s license as they did not report it to the STATE. When I told them "no write me a regular ticket and I'll see you in court" they decided to give me a pass.
It is as I said a way to avoid the court and collect all the money.
Right about the "P" tickets, sometimes called Penalty Assessment tickets.
Many municipalities now use them, starting with City/Village Code violations, tobacco and alcohol violations, red-light tickets. The municipality keeps all the money, including court costs.
The difference is, in Woodstock (for example), if you don't show up for court, the ticket is sent to Circuit Court. With MCCD, if you don't pay within about seven days, they go ahead and send it to court with a Must Appear checkmark, which almost certainly guarantees assessment of the exorbitant (usurious?) court costs and fees.
I commented on another issue about these to MUG. Yes P tickets is what they are.
I think the "P" tickets for traffic offenses should be illegal. This takes the State SOS totally out of the picture and takes us back to the days of Justice of the Peace type courts. It just smells
Nota, we finally agree on something! Yes! P-tickets should be abolished. All traffic tickets should be reported to the SOS.
And get rid of Supervision, too.
"Nota, we finally agree on something!"
I don't know if that is good or bad.....(GRIN)
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