Guilderland residents spoke out against a proposal by Councilman Warren Redlich that would direct police officers to withhold writing tickets for DWAI’s where defendants register a 0.04 or 0.05 BAC.
At that same Tuesday, March 17, town board meeting a motion to seek permission from the state to hire an additional town justice passed 4-1 with Republican Councilman Warren Redlich dissenting. He stated adding a justice is an expense the town cannot afford.
Town Supervisor Ken Runion said although the court system operated at a profit, hiring an additional justice should not be decided solely on whether the town will make or lose revenue.
You can’t base everything on dollars and cents, he said. `We have an obligation to the town, and services cost money.
Councilwomen Patricia Slavick echoed that sentiment, stating the board should base decisions on more than simply doing a financial cost-benefit analysis.
Redlich proposed a measure to increase the efficiency of the court, rather than hiring another judge, by suggesting police offers restrain from DWI tickets for cases commonly thrown out.
Redlich said he is concerned that the additional justice will be too expensive, and strain the already stretched budget even further. Redlich estimates the cost of a justice accounting for salary, benefits and possible additional staff could come between $60,000 and $100,000.
`We just decided to spend $100,000 at a time when we have a serious fiscal crisis at the national, state and local level,` Redlich said of the motion to seek state approval.
He said other towns such as Bethlehem, Rotterdam and Clifton Park generate more revenue each year, and only have two justices.
As an alternative to hiring an additional justice, Redlich suggested several measures to make the town court more efficient. He suggested having more cases handled by mail and staggering the times people come into court, to save time.
As part of the plan to increase the court’s efficiency, he suggested police officers not write tickets for offenses that will likely be thrown out by the prosecutor or judge. He said writing a ticket for DWAI for a BAC under 0.05 percent is a waste of time, since those charges will be thrown out anyway, as dictated by state statutes.
That suggestion gained some opposition, as residents spoke out against the measure.
Guilderland residents spoke out against the measure, citing their desire for a third justice before Redlich’s DWI-related efficiency measure is put in place.
Anna Russo, deputy town clerk, and an Altamont resident, said she was `hurt and surprised` by Redlich’s suggestion.
`Law such as highway safety are there to safeguardour communities,` Russo said.
Russo said a driver with a BAC of 0.05 killed her daughter, and that it is dangerous to drive under the influence of even the smallest amount of alcohol.
She urged the town board to let the police use their professional discretion when it comes to writing tickets.
`They know when to stop them. They know when to write tickets. They do it from their heart,` she said. `It’s not a solution to let a drunk driver walk.`
Other’s spoke out at the meeting as well, stating that DWI enforcement should not be directed by the town board. Letters from the Albany County District Attorney’s office, Lenard Crouch, administrator of the Stop-DWI program in Albany County and town residents were submitted to the board prior to the meeting speaking against Redlich’s suggestion.
Ed Frank, a former police officer who runs Choices 301, an anti-drunk driving exhibit in Altamont, voiced his concerns about Redlich’s suggestion, stating that the strict enforcement of DWI laws will eventually decrease drunk-driving.
`We have to, as a team, come up with a better solution,` Frank said.
Frank added that a backlog of cases prevents justice from being administered promptly, and guilty drivers are still on the road while the courts are catching up on cases.
Some speakers brought signs and pictures of their loved ones as a reminder to the board of the tragedies drunk driving can bring.
Redlich responded to public criticism of his suggestion, stating he has no intention of letting drunk drivers off the hook, and is only citing the parameters of state law that result in dismissal of many charges.
`I’m not saying we let them walk. They do walk,` Redlich said of the cases where a defendant was cited with a 0.05 BAC.
Redlich also discussed Albany County District Attorney David Soares’ policy of not permitting those with aggravated DWI charges to plea down if they blow a .20 or higher. Redlich is concerned that a number of cases of aggravated DWI that are fought are found in favor of the defendant, and many could have resulted in a plea where the defendant would at least get some penalty such as treatment or counseling.
A plea down from an aggravated DWI serves to reduce time in court, saving time for Guilderland, as well as providing a guarantee for some counseling of a suspension.
Redlich, a defense lawyer, said he has won cases for clients who were charged with aggravated DWI and the defendant was not penalized at all.
`I win some of these cases, Redlich said. `You may not like the fact that I win these cases.`
With a plea, Redlich said, at least some of those who fought the DWI and won, would have had counseling or been taken off the road for an amount of time.
Soares said changing the policy to accept pleas for aggravated DWI cases above .20 is `outrageous.` He said stricter enforcement is vital to keeping drunk drivers off the road.
Soares’ office wrote a letter to the Guilderland Town Board in response to Redlich’s suggestion.
`Quite frankly, we didn’t believe this was an actual proposal being put forth,` Soares said. `Over the last several years law enforcement in Albany County has worked very hard to send a message about drunk people getting behind the wheel of a car.`
Soares said Redlich should not, as a legislator, dictate executive, police, policy.
He also took issue with Redlich’s practicing of law in courts where Guilderland police officers might appear, even if they are not Guilderland town courts. He said Redlich is acting in conflict of interest, since he oversees police budget as a town board member.
The idea to hire a third justice was the result of a letter from Supreme Court Third Judicial District Administrative Judge George B. Ceresia Jr. sent a letter to the town recommending they consider hiring another judge to help handle the nearly 11,000 cases the town court sees each year. The town has two part-time justices, John Bailey and Denise Randall, and each handle about 5,500 cases per year.
Bailey said the traffic court on Monday and criminal court on Thursday average close to 170 cases each night.
`Out Monday nights are very busy. Our Thursday nights are even busier,` Bailey said.
Bailey said some nights can have as many as 250 cases, but the he is dedicated to giving everyone a fair hearing.
The town pulled in $851,256 last year from the court system. Revenue from the court has been on the rise, and jumped close to $117,000 from 2006-2007, Runion said.
Runion said hiring a third justice to take some of the load will allow the court to process backlogged cases and generate revenue faster. He said that an additional justice could also provide an opportunity for cases to be heard in the day, and that could decrease town’s allocation of overtime to officers who appear in court off-duty. Runion said the money saved on overtime and the quicker revenue stream will cover the cost of an additional justice.
Councilman Paul Pastore said that hiring a third justice as the economy worsens could be prudent because crime tends to increase in those times.
Councilman Mark Grimm, a Republican and potential candidate for Supervisor, said although he does not support Redlich’s DWI enforcement measure, he still made several good suggestions that are being ignored.
`It turned into a get-Warren meeting,` he said. We got sidetracked from the third justice issue.`
He said Runion framed the lack of a third justice as a public safety matter, when it is more a financial matter.
Grimm said the number of police officers and tickets will not change, and the real issue is the financial feasibility of adding another justice.
`We have to accept the fact that its going to cost more money out of the town treasury to do this.`
He said he would not have voted at this time to hire the judge, but is willing to let the legislature grant permission, in case the economy takes a turn for the better.
A bill in the state legislature to give the town permission to hire another judge must pass both houses and be signed by the governor before the town can proceed.
For an update to the story check back at www.spotlightnews.com and pick up the Wednesday, March 25, issue of the Spotlight Newspaper.
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