SHAKER HEIGHTS MUNICIPAL COURT - COURT COURIER

 
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SHAKER HEIGHTS MUNICIPAL COURT - COURT COURIER
SHAKER HEIGHTS
                                           MUNICIPAL COURT
                                            COURT COURIER
                                                      (216) 491-1300
                                                www.shakerheightscourt.org
                                          ACTIVITIES DURING THE
                                             1st QUARTER, 2021

                             COVID-19 AND DOMESTIC VIOLENCE

                                The COVID-19 virus has caused unimaginable problems. One
                           unfortunate effect of the pandemic is the creation of a perfect storm
                           of risk factors for domestic violence. Alexandria Ruden, a Legal Aid
                           attorney specializing in domestic violence cases, states, “Although
                           COVID-19 does not make an abuser, it exacerbates domestic violence
                           risk factors drastically.” Some of those factors:
                           · Parents stressed by virtual learning and loss of socialization for
                           their kids
                           · Job and wage losses
                           · Uncertainty over housing needs – evictions
                           · Increased use of alcohol as a coping mechanism (Liquor sales have
                           spiked during the pandemic.)
                           · Increased isolation of individuals from friends, family and outside
                           jobs and activities.
                               Stay-at-home orders intended to limit the spread of COVID-19
have caused some victims to be confined at home with their abusers. Before the pandemic,
survivors of such violence might flee to shelters while their abusers were at work. Now, with so
many people out of work or working from home, it has become harder to escape an abusive
SHAKER HEIGHTS MUNICIPAL COURT - COURT COURIER
situation. This has led to a serious decline of   to the pandemic, this specialized court will
survivors at women’s shelters across Ohio.        hopefully aid in treatment and rehabilitation
Many shelter referrals are the survivors who      for domestic abusers and bring peace of mind
end up hospitalized with serious injuries or      to survivors and the community.
whose abusers have been arrested. Plus, the
                                                         Shaker Heights Municipal Court saw
pandemic has forced survivors to weigh the
                                                  an increase of domestic violence cases filed
risks of remaining in abusive homes to the
                                                  in 2020. But, like the rest of Ohio and the
uncertainty of the pandemic on them and
                                                  country, numbers do not tell the entire story.
their children.
                                                  We are just now starting to see the true effects
       We interviewed Jill Smialek, the           of the lock down a year later. With
manager of the Witness Victim Service             restrictions declining, more survivors are
Center for Cuyahoga County to learn about         now leaving home and seeking help with area
the impact of COVID-19 on domestic                programs and shelters.
violence in this county. Although the
                                                         There are ways that you can be on the
numbers of domestic violence cases in
                                                  lookout for situations of domestic abuse. If
Cleveland rose only modestly during 2020,
                                                  you believe someone is in a violent situation,
Ms. Smialek strongly believes that domestic
                                                  check in with the person as the abuser may be
violence is on the rise. One factor often seen
                                                  trying to manipulate the person into feeling
in domestic violence situations is victims
                                                  isolated and hopeless. If someone discloses
being kept alone and cut off from their world.
                                                  domestic violence, the first thing you can do
She explained that the stay-at-home orders
                                                  is believe them and tell them you are there for
have caused many to work from home and
                                                  them. Listen to as much of their story as they
refrain from seeing friends or family. This
                                                  want to share and tell them that you’d like to
separation from family, friends, and
                                                  help them find assistance when they are
neighbors is the exact isolationism which
                                                  ready.
puts victims at risk for violence. Likewise,
the pandemic has put enormous financial                  If the person needs a safe place to
stress on families due to the economic            sleep, or if they’d like to talk to a counselor
downturn. Ms. Smialek relayed that                or access support groups, tell them they can
unemployment is also a risk factor for            call Journey Center for Safety and Healing.
increased incidents of domestic violence.         Their 24-hour hotline is 216-391-HELP
                                                  (4357). If they have questions about the
      The Cuyahoga County Court of
                                                  criminal process or orders of protection – or
Common Pleas recently created a specialized
                                                  if they just don’t know where to start to try to
docket dedicated to cases involving domestic
                                                  get out of their dangerous situation, they can
violence. Judge Sherrie Miday presides over
                                                  call the Family Justice Center at 216-443-
this docket which sees the most egregious
                                                  7345 and they will be connected to a victim
offenders: those accused of attempted
                                                  advocate. Advocates are available Monday
strangulation or the use of a gun on the
                                                  through Friday, 8:30 – 4:30.
survivor. Intensive probation and offender
monitoring is a key component of this docket.
With domestic violence cases on the rise due
SHAKER HEIGHTS MUNICIPAL COURT - COURT COURIER
Of course, if there is an emergency and        public policy which determines if an inmate
someone is in danger, the first call should         can be let out of prison to attend such events?
always be to 911!                                   The answer is “sometimes.” If the inmate is
                                                    provided an opportunity to take leave from
                                                    jail to tend to serious matters of family or
                                                    health, the process is called a “furlough.”
         FUNNY IN-COURT
                                                           An emergency furlough is a court
          TESTIMONY…                                order permitting the inmate to temporarily
      Lawyer: "What is your date of birth?"         leave the prison or jail to participate in certain
                        Witness: "July 15th."       emergency matters. This may include
                        Lawyer: "What year?"        attending a funeral, going to the hospital, or
                        Witness: "Every year."      even participating in a job interview for
                                                    employment post-conviction. A furlough is
                                                    not a guaranteed right to individuals but more
                                                    of a privilege that courts offer to prisoners
                                                    during their time in custody. Under Ohio law,
                                                    courts have discretion to decide whether
                                                    someone is entitled to a furlough. Many
                                                    factors are considered including the crime for
                                                    which a sentence is being served, the
                                                    person’s behavior in prison, the situation
     HELLO! I’D LIKE A                              presented and much more.
     FURLOUGH TO GO,
                                                           At times, the inmate may be
         PLEASE!                                    accompanied and supervised by an escort
                                                    from law enforcement. This situation
                                                    frequently arises when the inmate has health
                                                    issues. Police may accompany the person to
                                                    the office of a doctor, dentist or to a hospital
                                                    facility. While furloughed, the inmate’s own
                                                    health insurance or Medicaid covers the costs
                                                    of medical service. Without a furlough, the
       In September 2020, Gov. DeWine               police department must absorb these costs.
reported there were roughly 44,600 inmates                  Make no mistake – these individuals
in Ohio’s state prisons. These inmates may          are still serving time. The inmate must return
have health issues, lose family members or          to prison once the furlough expires. Failure to
experience other unprecedented events while         do so subjects the inmate to charges of
incarcerated. If someone in prison loses their      “escape.” Conviction of the charge can
father during their jail sentence, must they        lengthen the inmate’s sentence.
miss the funeral or can provision be made for
them to see their parent laid to rest? Is there a         Under Ohio law, the inmate must be
                                                    informed that he is still in custody and failure
SHAKER HEIGHTS MUNICIPAL COURT - COURT COURIER
to return will result in a charge of escape. In            Both the United States
order to ensure the person understands, courts     and      Ohio       constitutions
recommend including these warnings in              guarantee criminal defendants
writing to be acknowledged by the inmate. It       the right to a speedy trial. In
is even recommended that police officers           addition, both provide rules
read the order to the inmate so there is no        for how long one has to wait
question     about      the   limitations    or    for their trial. According to the
consequences of failure to abide by them.          U.S. constitution, a state has the discretion to
                                                   determine the length of time between arrest
                                                   and trial. In Ohio, that determination is
                                                   embodied in a statute that sets forth when a
                                                   trial must be held. It also states that number
                                                   is not absolute. Instead, Ohio laws give courts
  COVID-19 AND SPEEDY                              the ability to delay the speedy trial deadline
   TRIAL: AN ONGOING                               during a period of any reasonable
                                                   continuance. Therefore, the next question
         DANCE                                     A.G. Yost answered was what constituted
                                                   “reasonableness.”
                                                          The A.G. found that a pandemic was a
                                                   reasonable basis for lengthening the speedy
                                                   trial deadline. He reasoned that the Ohio
                                                   Department of Health banned gatherings of
                                                   50 or more individuals in a single room. And,
                                                   while small gatherings were not prohibited,
       Everyone charged with a crime has the       the Department of Health advised Ohioans to
right to a “speedy” trial. But, just as the        avoid unnecessary non-familial gatherings of
COVID-19 pandemic has impacted our lives           more than 10. As a result, the ability to have
in unimaginable ways, it has also affected our     a jury trial was made difficult, if not
judicial system. In March of 2020, Ohio            impossible,     under    the     department’s
Attorney General Dave Yost was asked               recommendations. A trial would endanger
whether courts could suspend jury trial            jurors and courtroom staff. It could pose a
activity for the public’s safety despite speedy    great danger to those defendants incarcerated
trial obligations. The A.G. concluded that         while awaiting trial. As jails already were
such a suspension was allowed under federal        experiencing a high level of COVID-19
and state law. He provided a detailed analysis     cases, limiting a defendant’s exposure to the
of the issue and provided courts the basis to      virus would be helpful to the incarcerated
stay this fundamental right. In his analysis, he   population.
addressed from where the right to a speedy
trial comes and described under what                     In addition to reviewing the Ohio laws,
conditions it could be tolled.                     a Federal Court in Ohio addressed this issue.
                                                   The court held that if delaying speedy trial
                                                   outweighs the best interest of the public and
SHAKER HEIGHTS MUNICIPAL COURT - COURT COURIER
the defendant, a delay or stay was                        Strangulation is a scary concept to read
appropriate.                                       about but it is important to understand its
                                                   significance. Strangulation is a form of
       Finally, Attorney General Yost
                                                   asphyxia characterized by closure of vessels
compared the situation to a natural disaster
                                                   and/or air passages of the neck due to external
since the stay was not the results of actions
                                                   pressure. Persons strangled commonly
by the parties. Since natural disasters are an
                                                   experience blurred vision, a narrowing field
appropriate basis to stay a speedy trial, so was
                                                   of vision, twinkling lights and an inability to
the pandemic.
                                                   move their eyes.
       While it is never ideal to delay speedy
                                                         Strangulation is not the same as
trial or to stay any procedural right for that
                                                   “choking.” Strangulation means to obstruct
matter, the laws of Ohio and the nation
                                                   the normal breathing of a person thereby
provide courts the means of so doing. When
                                                   depriving the flow of blood to the brain. Data
the health of the parties and public are at
                                                   shows us that most strangulations are not heat
stake, such actions are essential.
                                                   of the moment.           Instead, they are
         FUNNY IN-COURT                            contemplated and intentional criminal acts.
                                                   Choking by comparison means having the
          TESTIMONY…                               windpipe blocked entirely of partially by
Lawyer: "Doctor, how many autopsies have you       some foreign object like food and it is
                    performed on dead people?"     accidental. For proper reporting and
                    Witness: "All my autopsies     description of victims who suffer intentional
                    have been performed on         pressure to the neck, the term to be used is
dead people."                                      “strangulation”
                                                          Strangulation can lead to serious
                                                   health consequences especially when
                                                   occurring in situations of domestic violence.
                                                   A lack of oxygen to the brain may lead to
                                                   unconsciousness, brain injury, and instant or
          DEFINING                                 delayed death. Sixty to eighty percent of
       STRANGULATION                               victims in high-risk domestic violence
                                                   situations experience multiple, non-fatal
                                                   strangulations. New research suggests that
                                                   strangulation victims are at risk of suffering
                                                   arterial and carotid dissections.
                                                         However, the problem with detecting
                                                   strangulation is that few signs or symptoms
                                                   may be apparent – especially to those
                                                   untrained to detect them. Up to 50% of
                                                   victims do not show visible injury and only
                                                   3% of victims seek medical attention! As a
result, it is extremely important for a victim    with committing a marked lanes violation
to explain to an officer or doctor exactly what   and operating under the influence of alcohol.
happened during such an incident. It is           Turner argued that evidence of his alcohol
recommended that all first responders –           impairment was obtained during an unlawful
EMTs, nurses in the ER and medical staff          traffic stop because the tires on his vehicle
become aware of the signs of strangulation        only touched, but did not cross, the fog line.
which may sound nothing more than the
                                                         The parties used sports analogies to
victim’s hoarse voice while explaining what
                                                  argue the issue of touching the fog line while
has occurred.
                                                  driving. Turner argued that a tennis ball that
                                                  bounces on the baseline is in-bounds and a
                                                  baseball that hits a foul line is ruled as in the
                                                  field of play. Therefore, he reasoned, a
                                                  vehicle on a road’s marked lines in still in the
                                                  lane of traffic. Alternatively, the state argued
    CLEAR WHITE LINE                              that the situation more resembled football. In
       CLARIFIED                                  football, a player is out of bounds when a
                                                  sideline or other boundary line is touched. A
                                                  football player must be “within” the
                                                  boundary, just as the marked lane laws
                                                  required a vehicle to be driven “entirely
                                                  within” a single lane.
                                                          Setting sports analogies aside, the
       The Ohio Supreme Court recently            Supreme Court looked to Ohio’s Manual of
decided that the single solid white               Uniform Traffic Control Devices (MUTCD)
longitudinal line on the right-hand edge of the   instead! The MUTCD establishes and defines
roadway – the fog line – merely “discourages      all of the markings on Ohio roads, including
or prohibits” a driver from “crossing it.” It     different types of line markings. Ohio drivers
does NOT prohibit “driving on” or                 are expected to know and abide by the
“touching” the line. In State v. Turner, the      meaning of roadway markings contained in
court was asked to decide if a police officer     the MUTCD because enforcement of Ohio’s
had probable cause to conduct a traffic stop      traffic laws is tied to the meaning of markings
for violating lane markings (R.C.                 in the manual. The definition of a “single
4511.33(A)(1) ) when the officer saw the          solid white longitudinal line” when painted
tires of an auto driving on, but not crossing,    on a two-lane, two-way roadway like Old
the marked lane line.                             State Route 74, served only to mark the right-
      Driver Turner was stopped by a state        hand edge of the roadway. The MUTCD
                                                  explains that such a marking merely
trooper on Old State Route 74, a two-lane,
                                                  discourages or prohibits crossing it – driving
two-way road in Clermont County. The
                                                  upon or touching that line does not.
trouper observed Turner failing to drive
                                                  Therefore, when Turner “touched” the fog
within marked lanes. Turner was charged
                                                  line, it was not a violation of law.
The Supreme Court then remanded the           of Ohio argued that the statutory term
case to the lower court to address the              “confinement” is not the same as “detention”
argument of whether the trouper’s mistake of        under the law. But the Supreme Court
law was “reasonable” and still validated the        focused instead on language describing the
stop of Turner’s auto.                              types of confinement for which a defendant
                                                    is entitled to jail-time credit.
                                                           Defendant Reed pled guilty to a charge
         FUNNY IN-COURT                             involving criminal gang activity and was
                                                    sentenced to 5 years of “community control
          TESTIMONY…                                sanctions” – being on house arrest, that is,
                       ATTORNEY: Is your            and not in jail. Only a few months after Reed
                       appearance here this         was placed on house arrest and electronic
                       morning pursuant to a        monitoring, he violated the terms of his
deposition notice, which I sent to your attorney?   community control. The defendant admitted
WITNESS: No, this is how I dress when I go to       he violated the terms of his community
work.                                               control and was sentenced to serve five years
                                                    in prison. He then requested the court grant
                                                    him “confinement credit” for the time he was
                                                    on house arrest and being electronically
                                                    monitored. The trial court denied his request
                                                    and imposed the full five-year sentence.
     CREDIT FOR
                                                           Reed appealed his sentence and the
 CONFINEMENT TO THE                                 higher court reversed stating that the
       COUCH?                                       statutory definitions of “confinement” and
                                                    “detention” were synonymous. The State of
                                                    Ohio then appealed the reversal to the Ohio
                                                    Supreme Court.
                                                          The Supreme Court found that Reed
                                                    was not entitled to credit for days spent under
                                                    house arrest after being convicted of his
                                                    crime. The court said that R.C. 2967.191(A)
                                                    of Ohio laws was plain and unambiguous and
                                                    limited jail-time credit to specific types of
                                                    confinement. These confinements only
                                                    included situations in which a person was
      Last fall, the Ohio Supreme Court             confined in a public or private facility and did
decided State v. Reed (2020-Ohio-4255)              not include house arrest. They stated that
which dealt with when a prisoner should be          Ohio law did not provide for a reduction in
given credit for jail days served before being      sentence for house arrest or electronic
sentenced… “confinement credit.” The state          monitoring imposed for a post-conviction
violation. Therefore, Reed was not entitled to               After graduating law school, James
credit and was ordered to serve the full five         returned to the military where he served as a
years in prison.                                      navy judge in the Judge Advocate General
                                                      Corps. In 1965, he was elected as an Ohio
         FUNNY IN-COURT                               state representative where he served until
          TESTIMONY…                                  1974. After 3 years as Director of Law in
                                                      Brookpark, James was elected as judge for
                      Lawyer: "Did you blow your      the Cuyahoga County Domestic Relations
                     horn or anything?"               Court. Thereafter, he was elected to and
                     Witness: "After the accident?"   served on the Eighth District Court of
Lawyer: "Before the accident."
                                                      Appeals and the Ohio Supreme Court where
Witness: "Sure, I played for ten years. I even went
                                                      he served as a Justice from 1983 to 1985. His
to school for it."
                                                      judicial career spanned 23 years.
                                                             Justice Celebrezze will be remembered
                                                      for his work in the case of Village v. General
                                                      Motors Corp. The issue in that case was
                                                      whether a worker who is gradually injured
         REMEMBERING                                  through the continuous repetition of certain
                                                      job tasks can qualify for workers
  JUSTICE CELEBREZZE                                  compensation if the disabling injuries arose
                                                      from their employment duties. Writing for
                                                      the Ohio Supreme Court, then Justice
                                                      Celebrezze answered affirmatively. He held
                                                      that an employee may receive workers
                                                      compensation if the person’s injuries arose
                                                      out of their required employment activities.
                                                      His decision overruled the “sudden mishap”
                                                      rule which previously allowed compensation
                                                      only when the work injury was immediate –
       Earlier this year, the Ohio legal              not when the injury occurred over time
community said goodbye to Ohio Supreme                through the worker’s employment.
Court Justice James Celebrezze, a man who                    Justice Celebrezze’s impact on the
dedicated his life to serving people of Ohio          legal community is continued through the
and the United States. James began his career         work of his children: Judge Leslie Ann
in public service by enlisting in the Navy            Celebrezze, Presiding Judge at the Cuyahoga
after graduating from OSU in 1960. After              County Domestic Relations Court and son
serving two years, he attended Cleveland-             Nicholas Celebrezze, an attorney who served
Marshall College of Law. While receiving his          as a state representative.
legal education, he was a teacher for the
Cleveland public schools.
AGGRAVATING,                                    charges, Pettus was accused of going to four
                                                   different banks and presenting fraudulent
 AGGREGATING ACTS…                                 checks at each location. The counts were
                                                   combined by the prosecutor and the
                                                   defendant objected. Certainly, the banks were
                                                   not elderly or disabled! The Ohio Supreme
                                                   Court then looked at the law to determine if
                                                   it applied only in the listed and limiting
                                                   circumstances – or, if it applied to any type of
                                                   crime victim. The Supreme Court held that
                                                   R.C. 2913.61(C)(1) applies to all victims
       Bippee is your next-door neighbor.          regardless of their being part of a special
Her yard is overrun with garden gnomes and         group.
tchotchkes. Plastic flowers and squirrels                 The Supreme Court found that when a
abound! You do not like this so much that          series of theft offenses occur involving the
you start stealing a gnome every so often to       same capacity and relationship to the victim,
see if he’s missed! These are small, petty         the offenses can be added together into one
thefts: a plastic flower plucked from here,        larger charge. A series of thefts involving a
PVC birdy from there. Eventually, the thefts       common course of conduct can be aggregated
add up and Bippee realizes that someone is         even if there are multiple victims. The court
taking her decorative treasures. She sets up a     also noted that crimes which are only
security camera and records footage of you         “similar” like theft and attempted theft can be
sneaking off her property with her plastic         combined only if the victim belongs to a
goose under your arm! Bippee calls the police      specific class, such as elderly or in the
and you are arrested and charged for multiple      military service. For all other violations, the
counts of theft – each small in value              same crimes by the same person, may be
(especially to you!).                              aggregated regardless of the victims’
       The prosecutor, however, applies Ohio       identities or class memberships.
law R.C.2913.61(c)(1) and melds all of the                For Pettus, that meant his four thefts
theft offenses into a single charge and, due to    could be tallied into one larger charge
the aggregate value of the items removed,          regardless of the status of the victims!
changes your charge to a felony! You object        Greater penalties attached. And for you?
claiming this law applies only if the victim is    Better strike a deal with the prosecutor to
elderly, disabled, in active duty service or the   return all those plastics now displayed in your
spouse of one in active duty service and           back yard even if you’ve developed an
Bippee is none of these. Did you interpret the     affinity for gnomes!
law correctly? The Ohio Supreme Court
answered this very question in State v. Pettus.
      Lashawn Pettus, the defendant, was
charged with four counts of theft. For the four
FUNNY IN-COURT                           finds places with organizations where the
                                                 individuals may satisfy their court debts. A
         TESTIMONY…                              person need not be indigent to qualify.
                  ATTORNEY: ALL your             Participants may be suffering economic
                  responses MUST be oral, OK?    hardship or other problems related to earning
                  What school did you go to?     a livelihood.
WITNESS: Oral…                                          Each participant is evaluated by CCS
                                                 to determine skills, previous work history and
                                                 more, so that both the worker and work
                                                 facility can benefit from their labor. The work
                                                 locations are all local nonprofits. Persons
                                                 with secretarial skills may be placed in an
    WORKING FOR THE                              office     environment.      Someone       with
                                                 landscaping skills may work for a community
         COMMUNITY                               cleaning leaves. There are also opportunities
                   COVID-19 has had a            for unskilled laborers.
               major effect on the nation’s
                                                         While CCS is an excellent program, it
economy. Businesses lost customers, profits
                                                 may not be well-suited for every nonprofit
and some closed forever. Individuals lost
                                                 location or community. The program requires
income due to decreased work hours and job
                                                 a great deal of labor supervision. Functions
eliminations. Lack of earnings impacted
                                                 must be properly performed. For jobs
everyone including those with fines and costs
                                                 managed by CCS, CCS provides liability
to pay when convicted of traffic or criminal
                                                 insurance for their participants in the event
offenses. Originally struggling with daily
                                                 the worker is injured on the job. For non-
bills, the pressure of new debt arose with
                                                 profit sites like municipalities, liability
monetary penalties owned the court.
                                                 insurance requirements rest with that non-
Fortunately, there is an organization known
                                                 profit.
as Court Community Service willing to help
them out while providing a service to the               Shaker Court has referred many
community.                                       convicted offenders to CCS over the years.
                                                 Because of the relationship CCS has with the
       Court Community Service (CCS) is a
                                                 Court, we have been able to help individuals
nonprofit organization. Established in 1985,
                                                 use their skills to benefit local nonprofits
its mission is to design and manage quality
                                                 while satisfying their monetary obligations to
alternative sentencing options – responsive to
                                                 this court.
the needs of courts and community. It
provides adults convicted of nonviolent                         Is CCS helpful to our
offenses the ability to work off their court                    community?
debts through supervised acts of community       Since January 1, 2021, CCS workers have
service. CCS is referred convicted               collected more than 7,478 bags of liter in
individuals by local courts including the        public areas!!
Shaker Heights Municipal Court. CCS then
Loquerisne Latine?                          mostly for “motions in limine” in a
                                                   case where the judge considers
                                                   something outside the presence of the
                                                   jury.
                                                  In Loco Parentis – “in the place of the
                                                   parent”, used to refer to a person
                                                   assuming the normal parental
      Here are Latin words that appear             responsibilities of a minor.
frequently in the law. How many do you            In re – “in the matter of”.
know?                                             Inter Alia – “among others”, used to
                                                   indicate an item cited has been pulled
    Ab Initio – “from the beginning”.             from a larger or more complete list.
    Ad Hoc – “for this”, generally               Mandamus – “we command” meaning
     signifying a solution designed for a          a writ issued by a higher court to a
     specific problem.                             lower court.
    Ad Litem – “for the case”, describing        Mens Rea – “a guilty mind”.
     those designated to represent parties
                                                  Modus Operandi – “manner of
     deemed incapable of representing
                                                   operation” or a person’s particular way
     themselves, like children.
                                                   of doing things.
    Amicus Curiae – “a friend of the court”
                                                  Nunc Pro Tunc – “now for then”, an
     who offers information regarding a
                                                   action by a court to correct a previous
     case.
                                                   procedural or clerical error.
    Caveat Emptor – “let the buyer
                                                  Per Curiam – “through the court”,
     beware!”
                                                   when a decision is made by a group of
    Certiorari – “to be appraised” or             judges.
     something that seeks judicial review.
                                                  Prima Facia – “at first face”, a matter
    De Facto – “in fact” or for all intents       that appears to be sufficiently based in
     and purposes.                                 the evidence as to be considered true
    De Minimis – “about the smallest             Pro Bono –“for good”, professional
     things”.                                      work done for free.
    De Novo – “anew”, often used for a           Pro Se – “representing oneself”,
     new trial “trial de novo.”                    without counsel.
    Dictum – “a thing said”, usually             Quid Pro Quo – “this for that”, an
     important because the judge says it.          equal exchange of goods or services, or
    Duces Tecum – “bring with you”, like          of money for some goods.
     a “subpoena duces tecum” a summons           Respondeat Superior – a concept that
     to produce physical evidence.                 the employer is responsible for the
    Habeas Corpus – “may you have the             actions of her employees.
     body” meaning a writ used to                 Stare Decisis – “to stand by things
     challenge the legality of detention.          decided”, the obligation of a judge to
    In Limine – “at the threshold”, used          stand by prior precedent.
 Sua Sponte – “of its own accord”,
    some action taken by an official body,
    without the prompting of another
    party.
                                              COVID-19 BENCH-BAR TASKFORCE
   Subpoena – “under penalty”, a writ
    compelling testimony or some other               Judge Montgomery is a member of
    action, under penalty for failure to do   their COVID-19 Bench-Bar Taskforce. The
    so.                                       CMBA continues to host regular meetings of
                                              the Cuyahoga County COVID-19 Bench-Bar
                                              Task Force, led by Cuyahoga County Court
                                              of Common Pleas Administrative and
                                              Presiding     Judge     Brendan    Sheehan.
                                              Attending judges’ share updates on COVID-
                                              19 cases, policies and procedures.

IN AND AROUND…
   OUT AND ABOUT…                                    HAVE A SAFE AND
                                                     HEALTHY SPRING!!

                                               JUDGE K.J. MONTGOMERY
                                                   AND THE STAFF
                                                       OF THE
                                               SHAKER HEIGHTS COURT

  2021 NEW LAWYER BOOTCAMP
      Judge Montgomery joined Judges
Goldberg and Collier-Williams for a zoom
forum where they taught about proper court
decorum for new lawyers. This event was
hosted by the Cleveland Metropolitan Bar
Association.
MONTHLY TALLY SHEET
                                   MARCH 2021

                     DISBURSEMENTS OF FINES AND COSTS
                COLLECTED BY SHAKER HEIGHTS MUNICIPAL COURT
                    ON BEHALF OF MUNICIPALITIES AND STATE

    CURRENT YEAR             FUNDS PAID TO:                       PRIOR YEAR
MONTH           YEAR                                      MONTH                YEAR
                             SHAKER HEIGHTS
 66,630.90     129,591.55    FINES COLLECTED               57,171.63           151,943.84
187,598.69     378,848.92    COURT COSTS                  177,901.42           500,573.79
  3,065.00       6,315.50    LEGAL RESEARCH                 3,024.00             8,503.00
    167.00       1,500.77    INDIGENT TREATMENT             1,485.44             4,231.95
  9,647.50      19,528.50    CLERKS COMPUTER                9,572.00            26,866.50
  5,087.50      12,316.50    BAIL BOND FEE                  4,952.00            14,953.00
 21,918.85      60,796.58    CIVIL FEES                    21,295.60            66,587.70
  3,010.00       7.779.00    ADR FEE                        2,472.00             7.571.00
    907.00       1.792.00    SECURITY FEE                     895.00             2,532.00
      0.00           0.00    COMMUNITY DEVELOPMENT              0.00                 0.00
  4.016.76       6.263.27    SCRAMIINTERLOCK                1,824.40             6,112.97
302,049.20     624.732.59    PAID TO SHAKER HEIGHTS       280,593.49           789.875.75

                             UNIVERSITY HEIGHTS
  8,727.00      17.175.50    ALL OTHER FINES                8,034.00            23.780.00
  8.727.00      17,175.50    PAID TO UNIVERSITY HEIGHTS     8.034.00            23,780.00

                             PEPPER PIKE
  1,220.00       3.214.40    ALL OTHER FINES                2,854.50            10,483.80
  1,220.00       3,214.40    PAID TO PEPPER PIKE            2,854.50            10,483.80

                             BEACHWOOD
  5,110.00      10,061.00    ALL OTHER FINES                5,186.50            20.005.30
  5,110.00      10,061.00    PAID TO BEACHWOOD              5,186.50            20,005.30

                             HUNTING VALLEY
    102.00         614.00    ALL OTHER FINES                  264.00             1,637.00
    102.00         614.00    PAID TO HUNTING VALLEY           264.00             1,637.00

                             STATE OF OHIO
 29.196.44      56.909.45    SEAT BELT/OTHER FINES         28,037.07            76,961.87
  8,355.50      20.961.90    CRIMINAL FINES                 6.203.00            19.039.20
  5.290.50       9,751.38    CRIS FEES                      5,076.50            13,782.14
     32.00          86.00    CRIME STOPPERS                    37.50               113.00
  8,125.00      15,415.50    CRIMINAL-REPARATIONS           7,663.12            21,187.01
  3,484.80       9,452.52    OHIO LEGAL AID                 3.097.71             7,909.01
 54,484.24     112,576.75    PAID TO STATE OF OHIO         50.114.90           138,992.23

                             COLLECTION AGENCY
 39,533.61      72.541.47    AGENCY FEES                   31.214.61            73,658.96

                             O.D.P.S.
     15.00          65.00    TRAFFIC AND CRIMINAL              30.00                30.00
     15.00          65.00    PAID TO O.D.P.S.                  30.00                30.00

411.241.05     840,980.71    TOTAL DISBURSEMENTS          378,292.00       1,058,463.04

               DISBURSEMENTS OF JUDGMENT PAYMENTS COLLECTED
                BY SHAKER HEIGHTS MUNICIPAL COURT TO LITIGANTS

 62,439.92      130,517.02                                 70,211.19           175,188.25
SHAKER HEIGHTS MUNICIPAL COURT
                          MONTHLY TALLY SHEET MARCH 2021
                                 CRIMINAL DIVISION

     CURRENT YEAR                                                  PRIOR YEAR

MONTH           YEAR                                       MONTH                YEAR
                                FINES COLLECTED

 5,407.50        13,587.00       PARKING                    6,608.00             18,280.50
61,223.40       116,004.55       CRIMINAL                  50,563.63            133,663.34
     0.00             0.00       BOND FORFEITURE                0.00                  0.00

66,630.90       129,591.55      TOTAL                       57,171.63           151,943.84

                                COURT COSTS COLLECTED

                                SHAKER HEIGHTS
  2,832.00        6,337.50       PARKING                     2,832.00             7,834.50
138,883.89      267,511.32       CRIMINAL                  125,929.92           336,595.34

                                UNIVERSITY HEIGHTS
 23,329.30          47,194.80    CRIMINAL                   22,174.50            62,848.25

                                BEACHWOOD
 18,767.00          47,722.80    CRIMINAL                   20,361.80            63,996.60

                                PEPPER PIKE
  3,355.50           8,590.50    CRIMINAL                    5,680.00            22,198.90

                                HUNTING VALLEY
    431.00           1,492.00    CRIMINAL                      923.20             4,226.20

      0.00           3,297.00   10% BAIL BOND FEES           4,952.00            14,953.00

187,598.69      382,145.92      TOTAL                      182,853.42           512,652.79
SHAKER HEIGHTS MUNICIPAL COURT
                        MONTHLY TALLY SHEET MARCH 2021
                               CRIMINAL DIVISION

 CURRENT YEAR - 2021                                        PRIOR YEAR - 2020

MONTH           YTD                                       MONTH            YTD

                                 TRAFFIC CASES FILED

    529                1223 Shaker Heights                    654               1672
     54                 138 University Heights                 64                263
     11                  25 Pepper Pike                        10                 89
     13                  44 Beachwood                          29                153
      4                  17 Hunting Valley                      7                 33
      0                   0 State of Ohio                       0                  0
      0                   0 Other Municipalities                0                  0

    611                1447              TOTALS               764               2210

                              TRAFFIC CASES CONVICTIONS

    693                1324 Shaker Heights                    607               1760
     48                 136 University Heights                 84                275
      9                  27 Pepper Pike                        27                116
     25                  60 Beachwood                          51                139
      5                  14 Hunting Valley                      6                 32
      0                   0 State of Ohio                       0                  0
      0                   0 Other Municipalities                0                  0

    780                1561              TOTALS               n5                2322

                                  TRAFFIC WARRANTS

    107                 235    Shaker Heights                 133                590
     17                  36    University Heights              17                 81
      2                   5    Pepper Pike                      1                 18
      6                  26    Beachwood                       31                112
      1                   1    Hunting Valley                   0                  3
      0                   0    State of Ohio                    0                  0
        0                 0    Other Municipalities               0                0

     133                303              TOTALS               182                804

     349                670        PARKING TICKETS            327               1049
SHAKER HEIGHTS MUNICIPAL COURT
                       MONTHLY TALLY SHEET MARCH 2021
                              CRIMINAL DIVISION

 CURRENT YEAR - 2021                                      PRIOR YEAR - 2020

MONTH           YTD                                     MONTH            YTD

                         CRIMINAL MISDEMEANORS FILED

        23             41    Shaker Heights                     33              75
        14             35    University Heights                 35              72
         2              3    Pepper Pike                         0               2
        31             83    Beachwood                          36             111
         0              0    Hunting Valley                      1               1
         0              0    State of Ohio                       0               0
         0              0    Other Municipalities                0               0

        70             162             TOTALS               105                261

                        CRIMINAL MISDEMEANORS - CONV.

        30             60    Shaker Heights                     21              84
        10             37    University Heights                 18              48
         1              4    Pepper Pike                         3               8
        20             59    Beachwood                          24              77
         0              0    Hunting Valley                      0               0
         0              0    State of Ohio                       0               0
         0              0    Other Municipalities                0               0

        61             160             TOTALS                   66             217

                               CRIMINAL WARRANTS

         9              31   Shaker Heights                      7              54
         5              20   University Heights                 13              51
         1               1   Pepper Pike                         0               1
        20              62   Beachwood                          34              87
         1               2   Hunting Valley                      0               0
         0               0   State of Ohio                       0               0
         0               0   Other Municipalities                0               0

        36             116              TOTALS                  54             193
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