I am a husband, father, son, brother, uncle and friend. I believe in sharing my talents and experiences by giving back to the community by giving my time to coaching, church and especially to the disability community. I truly believe that all men and women are created equally.
For those who could not attend this months Neighborhood Crime Watch meeting, Judge Dobogai presented the following report. Judge Dobogai did say that through tax intercepts, over $14,000 has come in over the last couple of weeks.
John E Dobogai III
5050 S. Lake Drive
Cudahy, WI 53110
January 26, 2011
To: The Citizens of Cudahy
On January 4, 2011, I announced that the municipal court backlog had been eliminated. Due to the interest in this extraordinary time for Cudahy, I have prepared this report regarding the summary of court dispositions in order that you can be informed of the progress the city has made in this regard.
2000 – 2010 Cudahy Municipal Court Backlog
January 26, 2011 Report
Cases disposed of with no ability to collect:
Cases dismissed by prosecutor motion to dismiss:
34 Stipulated dismissals never signed
7 OWI/BAC that became criminal
7 BAC charges dismissed based on guilty to OWI
21 Dismissed due to deceased
67 Underage Alcohol
51 Traffic Warning
Total 405 (Parking not included)
Closed due to Statute/Ordinance of Limitations because judgment was made and no collection attempts were made for 6 years+
Grand Total 840
* Several Juvenile cases in various stages reduced to pursuant to completion of conditions including graduation, counseling, and community service.
Balance of the approximately 3,500 - 4,000, minus the above 840 dismissals, minus juveniles closed per * above, were found guilty and either paid or collections attempt made.
From May 1, 2010 to current, the Cudahy Municipal Court has submitted $436,446.41 to the Wisconsin Department of Revenue Tax Refund Intercept Program (TRIP).
I have also attached for your review the Total Forfeitures Collected by Court January 2009 to December 2010 and the City Attorney’s September 15, 2010 motion to dismiss memo.
It is my hope that this summary will create a greater sense of confidence in the Cudahy municipal court.
John E. Dobogai III
Cudahy Municipal Judge
Total Forfeitures Collected by Court
January 2009 through December 2010
2009 January 12,513.57
2009 Total: $186,745.76
2010 January 12,569.05
2010 total $248,953.78
Total for 2009-2010 $435,699.54
To: Judge Dobogai
From: Paul T. Eberhardy
Date: September 15, 2010
Re: Concerning Unadjudicated and Elderly Adjudicated Citations
During the course of your tenure commenced on May 1, 2010 we have dealt with citations that have sat in the former Judge’s office, with no adjudication. Similarly, we have encountered adjudicated citations that have sat in the former Judge’s office, with no action taken over the course of many years.
In order to streamline the process please find the following concerning unadjudicated citations:
1) Underage Alcohol: City moves to dismiss if Defendant now over 21 years old and the citation was issued over 2 years ago.
2) Curfew Violation: City moves to dismiss if the Citation is over 2 years old.
3) Truancy: City moves to dismiss if Defendant now over 19 years old and the citation was issued over 1 year ago.
4) Warning Traffic Ticket Citations: City moves to dismiss any citation issued over 1 year ago.
5) Parking Citations: City moves to dismiss all unadjudicated parking tickets issued over 5 years ago.
6) Smoking Materials: City moves to dismiss if Defendant now over 18 years old and the citation was issued over 1 year ago.
Concerning adjudicated citations, all citations where no action has been taken within the past 6 years should be dismissed per Wis. Stat. §893.42.
Several years ago, the Common Council adopted a resolution that called for unpaid judgments older than 6 years to be written off. The former Judge doubted the legal authority of the Council to require the court to do so instead keeping these old judgements in TRIP, keeping driver's license suspensions in place etc. but used the resolution as a guideline. I would ask that you continue to follow this practice.
I would note that I make these general motions begrudgingly, in particular concerning truancy matters. I take a child’s school attendance very seriously. Problem being, for example, a truancy ticket issued 5 years ago to a person now 22 years old seems redundant, ineffectual, and (frankly) a travesty of failed justice; any punishment or corrective value that could have been utilized has now long since past.
As I am sure you have discovered, most of the defendants no longer live at the addresses listed on the citation(s). Similarly, the onerous task of finding witnesses, who barely remember or care about a citation that could be upwards of 5, 6, 7, or 8 years old, is near impossible.
Thank you for your prompt attention to these important matters.