Costs of Operating Circuit Court

Written by:

Nancy Powell

Associate Editor

Ocean City Today

An increase in the number of jury trials adds to the cost of operating Circuit Court

“Jury trials have more than doubled in the past few months,” court administrator Richard Outmen told the Worcester County Commissioners during their budget session Tuesday.

From July 2009 through March 2010, 22 jury trials were conducted. From July 2010 through March 2011, that number increased to 49.

“The pace has intensified in the past six to eight months and probably will intensify further,” said Judge Richard Bloxom, who, along with Judge Thomas C. Groton III, accompanied Outten.

Sometimes, prospective jurors are notified to go to Circuit Court in Snow Hill, but before jury selection begins, the attorneys for the prosecution and the defense work out a deal and the people go home. Even if no trial is held, the people in the jury pool must still be paid a per diem rate of $25.

Three-fifths of any appropriation the commissioners make for jury per diem cost is reimbursed by the state.

By the end of January 2011, jury reimbursements had risen to $42,000, but the fiscal year 2011 budget only listed $40,000 for court fines and those reimbursements together. Fines accounted for $19,998.

The current budget for per diem jury costs is $34,100. Outten asked that the commissioners increase it to $70,000.

The number of jury trials for criminal cases has increased partly because Beau Oglesby, the new state’s attorney, wants more trials and fewer plea bargains and because many defendants request jury trials. Although some defendants request jury trials as a stalling tactic, others request them because they might be facing a stiff mandatory sentence if found guilty of certain felonies and prefer to take their chances with a jury instead of a judge.

There are also more indictments for drug dealers and for more serious cases, Bloxom said. The number of jury trials for civil cases has also increased.

Even though the state reimburses most of the per diem costs, other costs are involved. Those include salaries for people involved in scheduling and working with the juries. Theoretically, jury trials could be held simultaneously in the three courtrooms in Circuit Court in Snow Hill.

Partly because of the increase in jury trials, Outten and the judges requested that a vacant position be filled.

“It’s an essential, vital position,” Outten said. “The position is necessary.”

The vacant position is for Outten’s administrative assistant. His previous administrative assistant took over the duties of a criminal assignment clerk a few months ago. In addition to assisting Outten, the new hire would fill in as a judge’s secretary when needed, monitor the court smart system in the absence of a court reporter, fill in as a court assignment commissioner and organize and attend various meetings.

Outten asked the commissioners a few months ago for permission to fill that position, but was told to wait until budget time. Tuesday, Commissioner James Purnell told Outten, “We’ll take you at your word [that the position is needed].”

Altogether, the requested budget for Circuit Court is $1.25 million, an increase of $48,536 over the current $1.2 million budget.

Source; oceancitytoday

'Blasting' Misdemeanor Backlogs

Baltimore Circuit Judge David W. Young cheerfully volunteered his holiday chore list — picking up the turkey, raking the leaves, washing the good china — to those in the courtroom while waiting for a defendant to be brought in for trial.

The man wasn't transported from jail that morning as scheduled, the kind of mistake that usually leads to a postponement. But Tuesday was an exception. The judicial bench had declared a moratorium on deferrals as part of a three-day effort dubbed the "Misdemeanor Blast."

No felony or civil trials were scheduled in Baltimore on Friday, Monday or Tuesday, so that judges, prosecutors and defense lawyers could chip away at the backlog of 1,400 misdemeanor cases — assaults, drug arrests, minor thefts — clogging the courts.

That meant typical delays would not be tolerated. After a quick call to the judge in charge of the criminal division, M. Brooke Murdock, Young announced that the defendant would be fetched. In the meantime, he chatted with the lawyers and handled several drug cases, sentencing a 29-year-old to time served for marijuana possession and a 28-year-old to 18 months in prison for attempted cocaine distribution.

Under state law, anyone charged with a crime in District Court that's punishable by at least 90 days incarceration has a right to ask for a trial by jury, which only the higher Circuit Court can handle. At any given time, three judges are assigned to those cases, but they can't keep up with the requests, which have steadily increased during the past decade.

They're "getting farther and farther behind," Murdock said in an interview. "There are just so many."

Defense attorneys say there's little incentive to plead guilty in District Court because defendants know that the stretched Circuit Court may cut them a better deal simply to clear their cases. The "probations" offered in District Court often turn into "dropped cases" in Circuit Court, attorneys said, and the six-month sentences sometimes become time served.

The Misdemeanor Blast was designed to sweep through several hundred cases quickly, without compromising justice.

"It's not a fire sale," said Albert Peisinger, a felony prosecutor assigned to five cases Tuesday.

Roughly 15 judges were assigned eight trials a day in the hopes that they could clear a quarter of the backlog, about 360 cases that had been repeatedly postponed, Murdock said. Judges called for extra jurors and attorneys who usually handle felony cases stepped forward to pick up the slack.

"All the component parts pulled together to make this a smooth operation," Murdock said.

Most of the cases still ended in plea deals, however, after defendants realized that the court was ready to go to trial, Murdock said. She believes that's why one man, whose case had already been postponed 14 times, took a time-served sentence Monday for fleeing police.

"He had asked for a jury trial," she said, "but he changed his mind and pled guilty."

Murdock was something of a point person for the effort, but she wouldn't claim it as her own. It's been tried before, she said, though she doesn't remember when. And it may be tried again.

"First we want to see how it works and sort of get a sense of whether we actually were successful," Murdock said. "We're trying not to be overly confident. We'll wait until we see the numbers."
www.baltimoresun.com

Northampton County Circuit Court

Northampton County Commonwealths Attorney Bruce Jones reports the following cases were heard in Northampton County Circuit Court:

Ernest Daniel Stith, 37 of Cape Charles, had probation revoked on an original charge of receiving a stolen firearm and will serve the original sentence of 9 years and 6 months in prison with an additional 2 years to serve.

Corey C. Wescott, 23 of Townsend, had probation revoked on an original charge of breaking and entering and destruction of property. Wesott was originally sentencd to 6 years imprisonment for the charges which was suspended pending the successful completion of the Detention and Diversion Center programs, restitution and supervised probation. Wescott will have to serve the 6 years and 7 additional months.

Bernard Anthony Brickhouse, 41 of Painter, had probation revoked on an original charge of grand larceny. Brickhouse was sentenced to 5 years imprisonment with all but 6 months suspended, ordered to pay $2,000 restitution and 2 years probation upon his release. Brickhouse will serve 4 years and 6 months in prison.

Joseph Alvin Doughty, 28 of Dover, De., had probation revoked on an original charge of a 3rd offense DUI. Doughty was originally sentenced to 5 years imprisonment with all but 6 months suspended, a $2,500 fine, operators license suspended indefinitely, and supervised probation for 5 years. Doughty will serve 2 years in prison and continued probation.

Dwayntavius Tyrone Eason, 29 of Chesapeake, Va., had probation revoked on an original charge of possession with intent to distribute more than ounce but less than five pounds of marijuana. Eason was originally sentenced to 5 years in prison with all time suspended. Eason will now serve time sentenced.

Lavar Anwar Washington, 28 of Willis Wharf, plead guilty to 2 counts of entering in the nighttime, 2 counts of grand larceny and auto theft of property.

Wiliam Mapp Cullen, 43 of Painter, was sentenced to 10 years imprisonment with all but 4 years suspended for 7 counts of embezzlement.

Elton Lewis Merritt, III, 20 of Cape Charles, was sentenced to 20 years for burglary and grand larceny, with all but 5 years suspended. Merritt was also sentenced to 20 years imprisonment for malicious wounding and 10 years for shooting into an occupied vehicle. The sentences will run concurrently with all but 5 years suspended. Merritt will also have 3 years of supervised probation.

Joshua Wayne Walton, 29 of Eastvile, was sentenced to 20 years imprisonment for malicious wounding and 10 years for shooting into an occupied vehicle. The sentences will run concurrently with all but 7 years suspended.
www.shoredailynews.com

O'Malley swears in Judge Michele Hotten

ANNAPOLIS, Md. (AP) - Gov. Martin O'Malley has sworn in Maryland's first African-American woman appellate judge.

Judge Michele Hotten is now a member of the Maryland Court of Special Appeals, the state's intermediate appellate court.

She will represent the court's Fourth Appellate Circuit for Prince George's County.

Hotten fills a vacancy created by the retirement of Judge James Salmon.

She has been an associate judge for Prince George's County Circuit Court for 15 years.

www.wtop.com