COURTSIDE: Changes in store for Hermiston Municipal Court
Published 3:47 pm Saturday, December 22, 2012
So we come to the close of the second year of Courtside. My how time flies when youre working your fingers to the bone on the keyboard to make sure that the insufficient amount of gruel provided by the editor at least is warm. Im presuming, of course, that youre reading this and that the world did not end on the 21st, obviously.
On the assumption that the world continues, and will continue into at least next year, lets preview some of the changes coming to the Hermiston Municipal Court for the year 2013, shall we?
The first major change is going to be in how the court handles DUII diversions. Currently, the court attempts to review diversions on a fairly regular basis theres no legal obligation to do so, but I prefer to not see someone lose a diversion and go to a first time DUI conviction just because he wasnt paying attention to the calendar close enough.
After discussing the matter with several other courts in the state, what well be going to is an automatic review, set at the time the diversion petition is accepted. For most defendants this will mean one extra morning in court over the course of a year.
Will most of them need it? No a high percentage of defendants on diversion complete their program with no issues whatsoever. My ambition, though, is to do everything legally possible to ensure a 100 percent success rate among DUI diversions in Hermistons court.
As such, for one day per quarter there will be a quick hearing for all the people from the previous quarter who are on diversion. Well make sure treatment is on track (or finished), payments are good, and that there are no annoying loose ends for the defendant that could come back to cause problems at the end of the one year period. I would much rather be signing completions and dismissals than revocations.
Next, as some defendants have already heard, 2013 is going to be the year that a lot of files get finished. The city is on track to provide a couple extra jail beds for the purpose, and what is going to happen is there will be a slew of show cause orders going out for unpaid fines.
Normally a person who is sent to jail for the contempt of unpaid fines leaves jail with those fines still due and owing, but the court will be taking a long hard look at reducing fines through jail time. If youve got unpaid fines with the city, 2013 is likely the year they will be taken care of, one way or another. It will be up to the defendants to decide on whether its by payment or by jail.
There are going to be some serious changes to how community service is operated.
First off, the number of places where it will be allowed will become severely limited. The city, the fair, and possibly Pet Rescue are about the only places it will be available at the moment. Secondly, community service is going to require a formal motion to the court, along with a hearing where the defendant asking for community service will be asked to explain why he should be allowed to work instead of payment. Finally, the amount of a fine that can be paid through community service is likely to be reduced from the current 100 percent allowed, except in cases of extreme hardship.
Speaking of motions in writing, although its already begun the year 2013 will see continued requirement that all requests for continuance be in writing, and, unless its a verifiable emergency, at least three days in advance of the date of court appearance.
Finally, the ongoing adjustments to the rule regarding fix-its is going to change. Again, fix-its are citations where the offender is allowed to fix the problem and to receive a dismissal at a lower cost and no impact to the offenders driving record.
As of 2013, fix-its will become limited to one per type each 10 years. In other words, if you get a fix-it on your illegal window tint in January 2013, you will not be eligible for another window tint fix-it until January 2023. You can still get a fix-it on a fail-to-register in, say, March 2013 but thatll be the last one until March 2023. State law fix-its, such as the one for failure to carry proof of insurance will continue unchanged you can have one of those everyday for the rest of your life, with no consequence other than the annoyance of coming down to the court to show your insurance card. Be aware that the statute on that one requires you to show your card before the arraignment time.
Though the Hermiston Municipal Court allows the card to be shown at time of arraignment, and dismisses, in other courts you may find yourself with a B violation if you show up on day of arraignment and hope to show your insurance card then. Show them the card before the arraignment date, just to be safe.
Next time, we will likely look at new laws coming in for 2013, if any, and maybe some discussion about the bugaboo in the ignition interlock device law. In February, then, we will talk about the aforementioned community courts again. Unless, of course, something else grabs my attention in the meantime or one of my half-dozen other readers thinks of an issue that needs to be addressed.
Until then, Courtside is in recess but questions about court and court procedures, to hermistoncourtside@gmail.com, are always in order. And remember: Yellow traffic control light means STOP!
Creasing is a judge in the Hermiston Municipal Court. He can be reached at 541-567-6610 or at hermistoncourtside@gmail.com.