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The article is somewhat incomplet. First, most communities adopt much of the misdemeanor state laws as local ordinances. As such, when there is a fight at the local bar, instead of arresting the person for the CRIME of 'disorderly conduct', the local police often issue a citation for the ordinance violation of 'disorderly conduct'. This case would be heard through municipal court; the ONLY way this person would end up in jail is if they did NOT pay the 'fine' (called a 'forfeiture' in ordinance cases), and then, ONLY after a hearing to determine if they were capable of paying (called an "indigency hearing", where the person has to prove that through no fault of there own, they do not have the means to pay.). Other criminal laws adopted as ordinances in many communities (including Evansville)include: theft, bad checks, battery, harassment and harassment by telephone, underage drinking, the entire traffic code...and the list goes on. While the court can suspend a license instead of sending the defendant to jail for failing to pay the forfeiture, what if their licence is already suspended? Community service is a great option, but there needs to be someone to supervise it if it involves kids. Also, the Legislature passed a law a few years ago allowing a City to sue a person sentenced to jail for the daily jail costs. And, just so you know, every ticket has a number of 'surcharges' added onto the base forfeiture amount, including a $10 Jail Surcharge--which everyone pays whether they are sentenced to jail or not. In fact, (on this issue), if you get a speeding ticket (up to 10 mph over the limit), the actual 'fine' (forfeiture) is only $30. All of the added 'surcharges' makes this speeding ticket actually cost $83.80 in a municipal court; the same ticket issued by a state or county cop costs $160.80. Getting back to the article, while I agree that the daily costs had reason to rise, it might have been nice if the sheriff had contacted local communites/judges to at least get their input on the cost increase. If nothing else, for the sake of courtesy. If you ever have questions about the Evansville Municipal Court, and The Observer will allow it, feel free to pass them on, and I will try to answer them. Judge Tom
ReplyDeleteI understand that community service takes supervision, but I think it would have a much greater effect on some of these kids than fines, that they can't pay anyway. It seems like so many kids these days are 'lost' not much parent participation in there life, or if it is there its not always good. I have noticed from working with kids for years that some kids, the ones you would least expect to thrive working , love it. They become very focused and are glad to have something to do , and have some encouragement along the way.
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