11-01-94 Council Rules Committee

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Council Rules Committee November 1, 1994 Page 2 In response to a question raised by the Council Attorney, Police Chief Ron Marciniak noted that a Sergeant would not necessarily be needed and that a lower ranked officer could properly fill the role of a Bailiff for a City Court. Richard Nussbaum noted that significant changes took place in the Traffic and Misdemeanor division in 1992.He also noted that through the assistance of his staff and in particular John Broden that his office is effectively using the Small Claims Division of the St. Joseph Superior Court for ordinance violations. Mr. Broden complimented the City Clerk's office for the preparation of numerous legal documents for small claims on ordinance violations. Mayor Kernan expressed concern with regard to his conversation with Mayor Perron of Elkhart with regard to what Mayor Perron perceives as a $400,000.00 supplement to the City Court operation in the City of Elkhart. Mayor Kernan also expressed concern with regard to a City Court being seen by the public as a better way to fight crime in the City of South Bend. He noted that increased services should be one aspect for the City to carefully review. He noted that a uniform distribution of justice by one Judge was one of the key factors in a City Court system. He stated that the cost of implementing such a system balanced with the type of increased service should be carefully reviewed. He stated that the cost of creating a new bureaucracy or working within the current structure are the types of items that should be carefully weighed. Mayor Kernan also noted that he had been in contact with the Mayor of West Lafayette who believes that their current City Court system is operating in an acceptable manner. He noted that he had conversations with the Mayor of Lafayette whose City abolished the City Court in the mid 70's and also with the Mayor of Fort Wayne who looked into the prospects approximately two years ago. Council Member Washington noted that in the Traffic and Misdemeanor Court there are currently 24,000 cases currently pending with approximately 9,000 new misdemeanor cases filed each year. He noted that in light of how the current Traffic and Misdemeanor Division is set up, that there would be a maximum of one trial per day. Based on his experience he sees an excessive amount of Police officers from the City of South Bend being paid to sit in the Traffic and Misdemeanor. He believes that the Court costs for this alone could be cut by as much as 70%.He invited all individuals present to come down to the Traffic and Misdemeanor any day at 9:30 A.M. to see how the Court operates. Council Member Washington also noted that a change did take place in the Traffic and Misdemeanor Division in 1992 however it was as the result in part of the efforts of the Chief Public Defender implementing a better system for misdemeanors and felonies. Council Member Slavinskas noted that part of the analysis will be to view the shifting costs if a City Court system was created. He voiced concern that so many of the comments raised to date by the City Administration have focused on what may be constructed as"Additional Work"when the creation of a new City Court would not in and of itself create more cases. He did not see where the work load would be increased as a direct result of the City Court system.