Judge Paty Did Not Go Along With Plan
posted January 5, 2005
City Judge Russell Bean said Tuesday afternoon he had decided to back away from a plan to give amnesty on certain cases to those who would make a $100 donation for relief of tsunami victims.
He made the decision after Judge Sherry Paty said she could not go along, saying she could find no legal basis for doing so.
Judge Bean said, "I have decided to go along with Judge Paty and rescind my offer to give amnesty on traffic tickets by making contributions to the tsunami relief fund. Therefore, effective immediately January 4, 2005, the contributions to the relief fund will not be accepted as part of any agreement for traffic tickets.
"After reading Judge Paty's legal decision, I think there could be some potential legal problems to come out of this. I did feel as though there were legal precedents set in prior cases to make these voluntary contributions permissible. The agreement for a person to get a GED in lieu of a conviction cost that person money for the GED program. The agreement to go to Defensive Driving School to have your ticket dismissed also cost the person money. The agreement to take flowers to a nursing home in lieu of having a traffic conviction costs the person money. The agreements to pay monies to funds to fight drugs or drinking and driving in lieu of a conviction also costs people money. However, this particular contribution could possibly extend to other areas such as hunger and homelessness. In other words, it could get out of hand and we could lose our judicial prospective.
"I also did not think it would be proper for persons going to one city court to receive the opportunity to have their tickets dismissed for a contribution and to go to the other court and not be given that opportunity. This might be an issue of equal justice.
"If I erred, I apologize. I got caught up emotionally in the devastation on television. Please believe that my decision did come from my heart. I do hope that this recognition of the problem will cause people in this community to give funding to these relief programs. Our fellow human beings are in desperate need of our help, and I urge each person to try to make a difference."
Judge Paty had said earlier Tuesday, "I am sure Judge Bean has good intentions. But I don't have any legal basis for such dismissals."
The state attorney general's office last May ruled that a judge, as part of a sentence, could not direct that a "contribution" of $1,000 be made to the sheriff's drug fund.
The opinion said, "A trial judge is only authorized to sentence a defendant to a term of imprisonment and fine."
It said a defendant may agree to make a contribution to the sheriff's drug fund, but only as part of a plea agreement worked out with the attorney general's office.
Judge Bean on Monday said he will dismiss certain tickets for those who agree to send a $100 donation. He began doing so during his afternoon court.
The judge said then, "I have been watching the reports about the tsunami tragedy and was moved to contribute myself. I think we have gotten away from the idea of helping your neighbor. Maybe this program will help."
He said those charged with speeding, running a red light or running a stop sign can have their ticket dismissed by making the donation.
He said any aid group can be the recipient, but, he added, the most prominent are the Red Cross and Save The Children.
Judge Bean said the deal does not include cases where accidents are involved or cases involving commercial licenses, reckless driving or a driver's license violation.
He said those with prior speeding or moving violation charges may have to pay court costs.
The judge said young drivers with prior cases may have to pay costs, as well as go to defensive driving school.
He said all defendants would have to come to court.
| Dining Out | Business | Movies | Focus | About Us |
| Church | Living Well | Memories | Outdoors | Real Estate | Student Scene | Travel |