Friday, November 15, 2013

Traffic & Misdemeanor Court today

This morning I accompanied a mother and her high school daughter to court for a date with the judge about a curfew ticket.

Although they were there a couple of years ago on the daughter's first curfew ticket, they seemed pretty much at a loss about how the court system really worked.

The citation had been issued by a Woodstock officer, and the girl had been cited into the McHenry County Circuit Court. I was curious about that, because I believe officers have discretion on ordinance (petty) violations to cite the offender into either the Circuit Court or into the Woodstock Administrative Adjudication Court.

I explained to them in a general way what to expect in the court room, including that the prosecuting attorney represented the City and would probably talk with them before court to offer a deal. Because funds are not available for payment of fines, I suggested they inquire about a low fine and community service.

Although they arrived early and there was time for such a conference, the prosecutor from the office of the City Attorney for Woodstock (ZRFM) did not seek them out. They were second up when the general court session started, after the lawyers were dealt with.

Judge Robert A. Wilbrandt, Jr. was the presiding judge in Courtroom 102 today, which is normally Judge Mary Nader's domain.

The girl pled Guilty, and the prosecutor recommended a $100 fine. The judge stopped him in his tracks. Judge Wilbrandt asked the girl if she could pay a fine, and she said she couldn't. He said it was unfair to expect the mother to pay. You could have knocked me over with a feather!

He set the fine at $10.00 but warned them that the court costs would be high and that they were set by local and state bodies, meaning the McHenry County Board and the Illinois General Assembly. I had already warned the mother about the exorbitant level of court costs.

Then he imposed 50 hours of home community service and told the girl to expect to clean up after her dog outside and to keep the cat's litter box clean. He added four months of court supervision. He also told the girl that her driving privileges would be at risk, if her behavior didn't improve. The mother almost had a heart attack at the payment window when the clerk "pleasantly" informed her that the court courts would be $170.00.

A $10.00 Fine and $170.00 in court costs. Why isn't there a revolution at the courthouse?

Judge Wilbrandt is to be complimented for the compassionate way that he dealt with this case. He recognized the financial strain that a high fine would place on the family, and he gave them all the break that he could.

Unfortunately, the judges can do nothing about the shellacking that the public takes at the Payment Window.

What might have been the outcome in the Woodstock Administrative Adjudication Court? Judge Eterno might have set the fine at $25-50, plus $50 court costs, plus home community service. $50 in court costs in Woodstock is a far cry from $170 at 2200 N. Seminary Ave.

Why wasn't the ticket written for the local court? Maybe this would be a good question from a reporter or posed to Chief Robert Lowen at the next Coffee with the Chief.

3 comments:

Maverick50 said...

Just another way to STEAL money from the people! Do I trust the System....HELL NO! Do You????

JOHN said...

I've found a way to avoid the high court costs...don't violate the law. Just a suggestion.

Gus said...

JOHN, thanks for your great suggestion.

How it is possible to motivate more people to think before they act?

Is that class taught in any school?