Observer, as a real Judge I must ask how you feel about a Magistrate who has not law degree and not one day in law school and could not even represent anyone in his how court sitting on a bench? This same person was reprimanded by the state supreme court ethics committee for being unfair to towards the defense and this same person has NEVER ruled against the police because before his retirement his was running the police department-yet he has never felt a need to recuse himself?
I also would like to hear from you on the "grey" area the police fall into, they are also prone to lie on the bench.
Also, please comment on the following article just published in the local paper.
"
City OKs $100 fee for court cases
By Tony Waggoner
Wednesday, February 11, 2009 9:56 PM MST
Misdemeanor criminal offenders will now help to supplement the city’s general fund after the Lake Havasu City Council voted Tuesday to apply a $100 recovery cost fee for cases that go to court or plea agreement.
The new fee comes in response to the city’s struggle to recover general fund expenses.
“It is a proposed ordinance that establishes a prosecution assessment recovery fee, to partially recover some of the fees to fund the prosecuting criminal division,” Assistant City Attorney Kelly Garry said. “If adopted it would just be a fee tacked on per conviction of a misdemeanor criminal offense pursuant to a trial or plea agreement or someone who has a case resolved through a deferred prosecution agreement for a plea of guilty.”
The application of the fee to traffic citations would be dependent on the nature of the citation and whether it is deemed a misdemeanor offense.
All fees are to be directly deposited into the city’s general fund to recover prosecution costs.
In the 2007-08 fiscal year, the Municipal Court in Lake Havasu City collected approximately $1.2 million in fees and fines. The city retained only $425,811 of the total sum collected. A certain portion of that $425,811 went to the state, Garry said.
Garry said the purpose is to close the gap between the two and potentially accrue about a maximum of $130,900 a year if the fee were applied to every case.
Garry said the accruement of the that amount wouldn’t necessarily mean the city would retain all of the money, but it would likely be the maximum potential the fee could bring in.
According to Garry, other cities, such as Bullhead City, have adopted similar ordinances.
Council member Dean Barlow asked Tuesday Garry how the assessment fee had done in Bullhead City.
“It is something very new there,” she said. “I don’t even know if it has become effective yet. It is something that they were in the process of, and we got wind of, so we’ve also started that process.”
City Attorney Paul Lenkowsky initially brought the agenda item forth at the Jan. 29 meeting of the City Council. At that meeting, the council asked Lenkowsky to bring the item back as an introduction item.
City officials are stressing the fee is not a penalty. It is intended as a recovery cost mechanism only.
You may contact this reporter at
twaggoner@havasunews.com.
Reader Comments
The following are comments from the readers. In no way do they represent the view of havasunews.com.
Reader Comments
hello wrote on Feb 14, 2009 2:45 PM: " Slippery slope time, DesertRat. German and Jews...oh yes. The law abiding Germans had nothing to worry about.
First came the disabled and the homosexuals. Then the Jews and school teachers. Then the Catholics and Gypsys. Then anybody who disagreed with the Moral Majority.
Why a $100 fee for the innocent.
Just arrest everybody, and make lits of money for the city.
Yes, alot of other cities are doing it, but if they all jumped off a cliff would we.
Yes, the example of Germans and Jews is an extreme example...for now.
You know, I usually agree with you Rat, but not on this. "
court watchers wrote on Feb 14, 2009 1:11 PM: " As a person familiar with the procedures of BHC government and the court here I can verify that the surcharges imposed by law in our courts are not for revenue enhancement of the general fund. I can also state that we do not target visitors. I hope this clears up any confusion some have about the BHC government. "
Desertrat wrote on Feb 13, 2009 5:36 PM: " Germans? Jews? Because LHC has added a fee (that many other cities already have), you are turning it into that? Really? "
hello wrote on Feb 13, 2009 1:04 PM: " Law abiding citizens have nothing to worry about ?
You want us to be good Germans and when we won't be good Germans you want us to be good Jews ?
Law abiding citizens always have to watch their law enforcement. It's part of the laws we abide, you know, civilian oversight ? "
hello wrote on Feb 13, 2009 1:02 PM: " Probably unconstitional, assuming guilt etc etc. But who will have enough money to challange this? Up the ante...create quotas...
WHY NOT JUST CHARGE MORE FINES instead of just being lazy and add a hundred to it?
asltrfl wrote on Feb 12, 2009 7:17 PM: " Is anyone really suprised. When Governments begin operating in the red, they will find a way to tax the people whatever way they can. The court system is run on salaries and hourly employees, they are self-sufficient, they know the costs. But now the fees will be put into the general fund? Just another way to screw over people that have made a mistake in life. Can't pay the fee? go to jail, they charge you to be in jail in Havasu. Can't pay the fee for being in jail? Go back to jail and owe even more. Don't have the money to pay again, go back to jail. You have already lost your job, and there are NO more jobs, so can't pay your fees, go back to jail and add on some more until you are there for life! Havasu Sucks! I'm moving out NOW! "
Cool to Havasu wrote on Feb 12, 2009 6:53 PM: " Not to be stupid, but is this even constitutionally legal? There already exists a presumption of guilt when they charge you pro bono, a junk court fee, just by walking through the door to enter a plea. Isn't the incentive here to arrest anybody, or everybody, for anything, just to collect an arbitrary $100.00 fee. Wow, on top of a questionable moving violation fine, this city zings its citizens or anybody a $100.00 topper for the city coffer! "
richard k wrote on Feb 12, 2009 3:13 PM: " Scop, breaking the law has nothing to do with ending up in Havasu Court. I know, I watched it. I have spent hundreds of hours court watching all over the county. I put my money where my mouth is and moved to Bullhead. You know bullhead city? Havasu city government is full of Bullhead City castoffs like you city manager and city attorney. "
Roco wrote on Feb 12, 2009 11:46 AM: " What is a recovery mechanism? What is it to 'recover"? What prosecution cost are to be recovered? Aren't the prosecutors and clerks and so on already receiving a salary? And isn't the current court fees sufficient to cover the cost of the processing of the paperwork for a case?
"The application of the fee to traffic citations would be dependent on the nature of the citation and whether it is deemed a misdemeanor offense."
What does this mean? Aren't most traffic citations misdemeanors? So, a simple speeding ticket can have $100 dollars tacked on. So this would be an incentive for the police to write more tickets. Something just does not seem right with this. "
cal/hav wrote on Feb 11, 2009 11:07 PM: " Just another way to stick it to the tourist. If they spent all this energy attracting tourism, they might have some money to spend. Just keep sticking nails in the coffin. Boy has the LH Justice system really made this a model town. "
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Lenkowsky.. LHC attorney
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