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Court Backlog Update

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

Municipal Judge

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

30 Curfew

67 Underage Alcohol

168 Truancy

51 Traffic Warning

20 Tobacco


 

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+

Total 435


 

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

Feb 25,986.93

Mar 22,508.45

April 0

May 7,045.49

June 12,478.70

July 39,624.89

Aug 16,522.95

September 11,499.00

October 12,969.35

November 13,938.35

December 11,658.08


 

2009 Total: $186,745.76


 

2010      January 12,569.05

February 31,816.94

March 27,200.78

April 24,749.27

May 19,395.00

June 14,563.70

July 17,540.45

August 23,279.50

September 18,383.35

October 19,769.70

November 19,206.62

December 20,479.42


 

2010 total $248,953.78


 

                                               Total for 2009-2010 $435,699.54

Memo: 

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.

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