2017 Annual Report 47th District Court

Transcription

1 2017 Annual Report 47th District Court Farmington/Farmington Hills, Michigan Michigan Supreme Court/Michigan Judicial Institute Leadership Academy In 2017, Judge Marla Parker and Court Administrator Dave Walsh were invited to be part of the inaugural Supreme Court/Michigan Judicial Institute Leadership Academy. The Academy is an intensive, six month leadership development program designed to enhance participant leadership skills and improve the effectiveness of courts across Michigan. As part of the Leadership Academy, court teams were required to develop, submit, and present a leadership project for their court. Judge Parker and Mr. Walsh designed a pilot program for defendants with their license suspended out of the 47th District Court to pay their suspension clearance fee upfront, contingent upon entering into a payment plan, rather than requiring all other fees to be paid prior to the suspension clearance fee. This provides the defendant the opportunity to get his/her license reinstated by the Secretary of State, which in turn, may enable the defendant to maintain/attain employment that will help him/her meet the remaining financial obligations to the court. Presented by Judge Parker and Mr. Walsh at the Academy Capstone Workshop in February 2018, the 47th District officially implemented the pilot program at the Court on March 1, 2018, and had eleven active participants by the end of April, with no payment contract violations to date. Celebrating the 50th Anniversary of the Michigan District Court System See the insert where we honor the 5 individuals who have served as judges at the 47th District Court.

2 Jurisdiction, Mission & Core Values The 47th District Court has jurisdiction over the following case types arising in the Cities of Farmington Hills and Farmington: Criminal Felonies (through preliminary exam) Criminal Misdemeanors Traffic and Zoning Infractions General Civil Lawsuits (up to $25,000) Landlord-Tenant Disputes Small Claims Lawsuits For over 20 years, Judge Marla Parker has been hosting the third graders from Forest Elementary School as they conduct the mock trial, The Evil Queen v. Snow White. The mock trial is based on an original script from the American Bar Association that has been adapted for larger classes by the 3rd grade teachers at Forest. It is a great way for the children to see real courtroom practices, and it s always exciting to see how the jury votes. Our mission is to provide a safe, neutral, and impartial forum for peaceful resolutions of public and private disputes. In doing so, the Court strives to ensure: Access to Justice Expedition and Timeliness Equality, Fairness and Integrity Independence and Accountability Public Trust and Confidence 47th District Court Caseload Dashboard New Filings & Dispositions: ,000 25,000 20,000 15,000 10,000 5, Filings 25,277 24,581 22,120 20,078 22,183 Dispositions 27,541 26,933 24,455 22,081 23, Case Filings By Type 715 2, , th District Court Disposition Rates Compared to Time Guidelines and Statewide Averages Time Guideline Statewide Ave. 47th Dist. Court Misdemeanors w/i 126 Days 95% 97% 98% 1, ,744 Civil Infractions w/i 84 Days 98% 98% 97% General Civil w/i 455 Days 98% 99% 100% Traffic/Parking Misdemeanors Small Claims General Civil Felonies Misd. Drunk Driving Landlord-Tenant Zoning/Motor Carrier Summary Civil (LT, SC) w/o Jury Demand w/i 126 Days 95% 96% 97%

3 47th District Court Financial Dashboard FY Sources of Court Funding (See Chart A below) From the State of Michigan: Judges salaries Statutory drunk driving & drug case funds Jury fees reimbursement for costs exceeding $15 per juror, per day Sobriety Court program grant Other Miscellaneous Funding Sources (Interest income, employee health insurance contributions, etc.) ALL OTHER COURT FUNDING COMES FROM FARMINGTON & FARMINGTON HILLS (94% OF TOTAL). FY Distribution of Court Revenue (See Chart B below) To the State of Michigan: $40 from each traffic civil infraction. $10 from each non-traffic civil infraction. $50 costs and $75 Crime Victims fee on each misdemeanor. Percentage of each civil filing fee (% based on case value). $10 from each $20 motion fee. To the County Library Fund: Penal fine on all state law cases. 30% of the penal fine on local ordinance motor carrier cases. ALL OTHER COURT REVENUE GOES TO FARMINGTON & FARMINGTON HILLS (80% OF TOTAL). Budget Contributions Fiscal Year Expenditures = $3,159,607 $465,397 $112,774 $74,950 Distribution of Revenues Fiscal Year Revenues = $3,799,163 $49,020 $100,182 $163,675 $613,982 $2,030,773 $2,506,486 $841,531 Farmington Hills State of M ichigan Farmington Other Funding Farmington Hills State of M ichigan Community Work Prog. Farmington Oakland County Building Bond Fund Total Court Revenues and Expenditures: FY FY $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $4,773,201 $4,377,617 $4,110,609 $4,029,383 $3,970,187 $3,848,619 $3,821,841 $3,829,429 $3,799,163 $3,530,702 $3,400,916 $3,175,728 $3,172,053 $3,064,641 $3,057,194 $3,011,641 $3,094,745 $3,159,607 FY FY FY FY FY FY FY FY FY Expenditures Revenues Show Cause Collections Program Since its inception in 2003 through the end of 2017, the Show Cause Docket has generated collection of over $6 million in past due payments. Each month, delinquent payers are noticed to appear in front of Judge James Brady to explain why they have not paid their fines and costs as ordered. The judge works with the defendants to establish payment plans or in some cases waives certain fines and fees based on the defendant s ability to pay. For defendants that fail to appear or respond, a bench warrant is issued and they assessed an additional $150 bench warrant fee. Upon arrest on the bench warrant, the defendant is required to post the amount owed to gain release and close the case or, at the defendant s choice, is brought before the Court for a hearing.

4 Sobriety Court Started in May 2005, the 47th District Court Sobriety Court is a post-plea, four phase program created to protect society and reduce crime by targeting substance abuse and addiction through intervention, treatment and offender accountability. Under strict court supervision, participants must comply with court-ordered requirements including substance abuse treatment, alcohol/drug testing, and education and life skill development. The program is designed to span 24 months. To be eligible for Sobriety Court, a defendant must be charged with a drunk-driving offense, be a resident of either Farmington or Farmington Hills, and meet one or more of the following eligibility criteria: Blood-Alcohol Content (BAC) of.15% or greater at time of arrest Addiction assessment score of 3 or greater Prior record of alcohol related offense(s) Sobriety Court team discretion During 2017, the program celebrated nine (9) total graduates during three separate commencement ceremonies, bringing the number of total graduates to 83 by the end of the year. Of those completing an exit questionnaire, 99 percent indicated the program was helpful, with 76 percent saying it was very helpful. In addition, 99 percent indicated that completing the program would improve their chances of remaining clean and sober in the future, with 84 percent indicating they felt it would greatly improve their chances of remaining clean and sober. Based on SCAO 2016 Problem-Solving Court recidivism data, only 4 percent of the program graduates had a subsequent alcohol or drug conviction within two years of admission as opposed to 6 percent in the comparison group (sample size 53). Within 4 years of admission, the number was 9 percent for the program and comparison group (sample size 45). Judge Marla Parker and Director of Probation Jackie Jones speaking at a Sobriety Court commencement ceremony. Community Work Program The Community Work Program (CWP) was initiated in 1986 as a partnership between the Court and the Farmington Hills Police Department to provide a sentencing alternative to help address overcrowding at the Oakland County jail. The judges sentence qualifying misdemeanants to perform a certain number of work days to benefit the community. During its first year of operation, 125 individuals participated in CWP as part of their sentence. In 2017, 279 defendants worked a total of 1,068 work days on projects in the communities. Quantifying the value at the 2017 minimum wage rate of $8.90/hour, the program provided a minimum labor value of over $76,000. In addition, the program paid insurance costs and supervisor fees (paid from the $40/workday fee assessed to the defendants) of over $63,000, bringing the total minimum value of the program to the communities to over $139,000 for The program is operated out of the Court s Probation Department. Director Jackie Jones and her clerical staff coordinate the scheduling of defendants to meet requests from Farmington and Farmington Hills departments. Representatives from the departments requesting workers are responsible for providing staff to supervise their work crews. Workers are used annually for such projects as the set-up and tear-down of the Shiawassee sled hill, planting of the flower beds at the 47 th District Court, road litter pick-up, public building painting and maintenance, and park maintenance. 47th District Court Appointed Attorney Magistrates Matthew Friedrich Dennis Pheney Michael Sawicky

5 2018: The 50th Anniversary of the Michigan District Court System We recognize and honor the 5 individuals who have served as judges at the 47th District Court. Judge Marla E. Parker, 47 th District Court Judge: 1993 Present Judge Marla E. Parker was elected in November 1992 to succeed Judge Margaret G. Schaeffer, and is the longest serving judge in the history of the 47 th District Court, having won election to her 5 th full term as judge in Born in Detroit, Judge Parker is a graduate of the University of Michigan and of Wayne State University Law School. Prior to her election as judge, she maintained a private law practice and served three years as a 47 th District Court magistrate. An early advocate of the therapeutic court concept, Judge Parker began the 47 th District Court Sobriety Court in 2005 with a focus on protecting society and reducing crime by targeting substance abuse and addiction through intervention, treatment and offender accountability. Through 2017, the program had seen over 80 successful graduates. In 2014, Judge Parker was honored with the Drug Court Hero Award from the Michigan Association of Treatment Court Professionals. Marla E. Parker District Judge, Present Active in professional associations and community groups throughout her career, Judge Parker has served on the Board of the Oakland County Bar Association, is a past-president of the Oakland County District Judges Association, a member of the Farmington/Farmington Hills Commission on Children, Youth and Families, and is a founding board member of the Farmington/Farmington Hills Community Foundation. Judge James B. Brady, 47 th District Court Judge: 2003 Present Judge James B. Brady was elected in November 2002 to succeed Judge Frederick L. Harris, after serving 17 years as a magistrate for the 47 th District Court. Born in Detroit, Judge Brady graduated of the University of Michigan and of Wayne State University Law School. In 2003, Judge Brady initiated the 47 th District Court s collections program and show cause docket, which has become a model for other courts around the state. He worked with the Michigan Judicial Institute to create a collections training video for judges and later served as a judicial member of the Supreme Court s Ability to Pay Workgroup. James B. Brady District Judge, Present In 2016, Judge Brady was honored by the Oakland County Bar Association with the Distinguished Public Servant Award for his contributions to the community, including his leadership in organizing the 2016 Oakland County Bench-Bar Conference. He is a pastpresident of the Oakland County District Judges Association and served on the State Bar of Michigan s Character and Fitness Committee. Locally, he is a past-president of both the Farmington Xemplar Club and the Farmington Optimist Club. He is also past-president of the Farmington High School Hockey Boosters Club and a long-time coach with South Farmington Baseball.

6 Judge Frederick L. Harris, 47 th District Court Judge: Judge Frederick L. Harris was appointed by Governor James Blanchard to succeed retiring 47 th District Judge Michael J. Hand in May He was elected to a first full term beginning in January Born in Los Angeles on May 31, 1930, Judge Harris served as a naval aviator with the 1 st Marine Air Wing in the Korean War, and continued his service as a pilot with the Marine Corps Reserve, retiring with the rank of Colonel in He had a long and distinguished record as a public servant and attorney. He served as an assistant prosecuting attorney for Wayne County and as a special assistant attorney general for the State of Michigan. In addition, he served on the Wayne County Board of Supervisors, was chairman of the Oakland County Road Commission, and was a founding director of the Farmington Hills Police Benevolent Foundation. Frederick L. Harris District Judge, During his tenure on the bench, he led major administrative changes at the court and was a primary force behind getting the need for a new courthouse facility on the public agenda. In May 2005, the new 47 th District Courthouse was dedicated in his honor. Judge Harris died at the age of 74 on July 21, Judge Margaret G. Schaeffer, 47 th District Court Judge: Judge Margaret G. Schaeffer was elected to a newly created judgeship at the 47 th District Court in November 1974, taking the bench January 1, Born in Detroit in November 1920, she graduated from the University of Michigan in 1943 and with distinction from the University of Michigan Law School in 1945, one of only two women graduates in her law class. After serving clerkships for judges in Michigan and California, she joined her sister, (future U.S. Court of Appeals Judge) Cornelia G. Kennedy, in practice with their father, prominent Detroit attorney, Elmer Groefsema. She was appointed to the Workers Compensation Appeal Board for the State of Michigan in Upon joining the bench, Judge Schaeffer and her sister became the first sisters to serve as judges in the United States. Prior to her election as judge, Judge Schaeffer served on the Farmington Township Board of Trustees and the Farmington Hills City Council. She helped shape the future of the 47 th Margaret G. Schaeffer District Court, as she appointed as magistrates future judges Marla E. Parker and James B. District Judge, Brady. Upon retirement, Judge Schaeffer was succeeded in office by Judge Parker. Margaret G. Schaeffer District Judge, Judge Schaeffer died at the age of 92 on April 11, Judge Michael J. Hand, 47 th District Court Judge: Judge Michael J. Hand was the first judge of the 47 th District Court and served until his retirement in May Born in Toronto, Canada, on October , he came to the United States in A graduate of the University of Detroit, he served in the armed forces during World War II from He was discharged as a Lieutenant Colonel, having served as the Adjutant General and Inspector General of the 314 Bomb Wing of the United States Air Force. He graduated from the University of Detroit Law School in 1948 and went into the private practice of law, eventually becoming senior partner of the firm Hand, Sullivan, Hull and Kiefer. He began his career as a jurist in 1964, serving first as Associate Municipal Judge for the City of Farmington, and then as Municipal Judge in Michael J. Hand District Judge, During his tenure as District Judge, he was a member of the Executive Board of the Michigan District Judges Association, serving as its President in Judge Hand died at the age of 80 on June 7, 1999.