Posted on 01/04/2008 1:13:55 PM PST by dr.zaeus
MILAN - The New York State Police have filed a lawsuit against Milan Town Justice Frank Christensen, alleging he exceeded his authority by reducing a speeding ticket to a lesser charge.
The suit, formally an Article 78 proceeding, was filed recently filed in state Supreme Court in Poughkeepsie. It becomes the fifth lawsuit pending against the town.
The issue dates to March 2007, when Carol Sussman was driving on the Taconic State Parkway in Milan. She was ticketed by a state trooper for driving "in excess of the 55-mph speed limit," according to court documents.
Sussman's attorney, Douglas Wicks of Red Hook, filed a motion for dismissal in Town Court in June 2007, arguing that Sussman's "rights of due process and equal protection under the Constitution, and the judge's ability to participate and be instrumental in plea-bargaining, is eliminated."
In 2006, state police officials began prohibiting troopers from plea-bargaining vehicle and traffic offenses.
Wicks said his client was "deprived of due process" because she was unable to obtain a copy from state police of the regulation banning plea-bargaining.
"She cannot see the rules and regulations which control the outcome of the case," Wicks said.
He asked that the speeding ticket be either dismissed or reduced from a six-point to a two-point violation.
In a ruling dated Aug. 24, 2007, Christensen declined to dismiss the charges, but he said the court allowed a plea of guilty to a lesser charge, "failure to comply with a traffic control device."
"It is the opinion of this court that the state police-announced blanket policy to 'not participate in any plea-bargaining connected with vehicle and traffic prosecution,' regardless of a defendant's unique circumstances and/or record, is an improper and unreasonable position," Christensen wrote.
"As long as the state police refuses to plea-bargain based on a memorandum of the superintendent and not on a full and fair evaluation of the evidence and defendant's history, the defendant is denied the opportunity to receive justice in the courts," the judge added.
By accepting a guilty plea to a reduced charge, Christensen acted "in excess of his authorized judicial authority" and "contrary to law," Paul Salvino, assistant counsel for the state police, said in court documents.
In his petition, Salvino asked that Christensen be prohibited from "accepting pleas to lesser offenses in the absence of agreement by the People of the State of New York."
He also asked that the criminal action for the speeding charge be reinstated.
In discussing the matter with Milan Town Board members last Friday, Christensen said of his decision: "This is not a plea-bargain." He said a motion was submitted, and the court has the discretion to reject or accept a motion.
Salvino said the case is the only one of its kind that he has brought while working with the state police.
Salvino declined to say more about the case, and defense attorney Douglas Wicks would not comment.
Depending on the outcome of the case, "it's going to make a big difference throughout the state," Christensen said.
Town Board member Al LoBrutto said he was concerned the town would have to "carry the whole load" in defending the lawsuit. "It's a lot of money we're talking about," he said.
During Friday's meeting, Town Board members earmarked an additional $34,000 in town money to cover the cost of pending legal and contractual expenses.
The town of Milan also is facing a lawsuit from a private citizen regarding a subdivision, another regarding the town transfer station and two suits filed by gravel-mining company Red Wing Properties.
I have very little respect for our state police here in Maryland. More often than not, they’re speeding more than anyone else when not chasing anyone.
Read the 7th amendment to the constitution.
Believe this is about “rights to due process” and I’ve got a bridge to sell ya!
It’s about who gets to keep the revenue generated from said offense, nothing more.
First it was the judges seeking to make laws, now the police are making their own laws.
Whatever happened to the legislature being the ones to make laws?
Am I missing something here? Wouldn’t the District Attorney’s office make the decision on a plea bargain rather than the State Police?
.....Al LoBrutto said he was concerned the town would have to “carry the whole load” in defending the lawsuit. ....
New York is a Democrat State. Surely there some good Rat lawyers willing to do a little pro bono work for the good of the people.
The power goes to those with the biggest guns.
This is somewhat odd. Here in Kaleefornia, police officers have no authority in the plea bargain process. It is between the defense and prosecution, subject to approval by the judge. A police officer may voice his concern to the prosecution, but any decision is beyond his control. That is not to say that the police can't file a complaint if they believe that a judge is abusing his discretion, but that is a different matter that what is being portrayed here.
No.
This is clearly about the claim by a city Judge that he has the power to impose a plea bargain upon a party to the offense even if they do not agree to it.
The State police will win the case in a superior court.
I'm from California as well. Once the state CHP, a county Sheriff, or a local PD has issued a citation (or made an arrest), any further legal action is completely under the control of a District Attorney's office.
While the LEO involved can provide input to the prosecutors, they have no decision-making powers as to plea bargains. It sounds like NY gives a lot more discretion to their State Police rather than their prosecutors.
and you think that is not the norm elsewhere?....cops are the biggest breakers of speed limits nationwide...nothing but little power tripping thugs with badges flaunting the laws. They sure as hell don’t protect the public...since it’s usually innocent people or their pets they shoot.
The problem here is who has jurisdiction over the disposition of charges filed by the State.
In NY, it isn’t this judge, therefore the consent of the offended party, in this case the State of NY through the NY State Police, must be secured.
In NY, it isn’t this judge, therefore the consent of the offended party, in this case the State of NY through the NY State Police, must be secured.
In California, things are done a bit differently. Cases are under the jurisdiction of the county court where the offense occurred, even if the CHP issued the citation.
AFAIK, there is no such thing as a city judge in CA; they're all county. The county DA's office has full responsibility for the prosecution of the case.
NJ on the other hand, has dedicated municipal prosecutors. They have the final say on plea bargains, though they usually ask the officers for his opinion before making a deal.
This judge may not have been within his powers in forcing this plea bargain on the representative of the people, but a superior court will decide it...
An officer saying "You were doing 16 over the limit but I'm going to write you for 10 over is not really a "technical" plea-bargain, so the arguments as to who has legal authority for real bona-fide plea bargain arrangements are off the mark.
He won't lose if that reasoning is accepted by superior courts.
"He's away from his desk may I take a message? Oh you're the lobbyist who he's playing golf with today.....I'll put you right thru.'
He won't lose if any reasoning is accepted by superior courts. :)
“This is clearly about the claim by a city Judge that he has the power to impose a plea bargain upon a party to the offense even if they do not agree to it.”
The state police aren’t a party to the offense. They are representatives of the state responsible for enforcing the law. Once they arrest someone for breaking the law they become witnesses.
The state and the accused are the parties involved. If the judge is representing the state and agrees to the plea then how can the cops become involved?
“The State police will win the case in a superior court.”
How? Since when do the police get involved with interpretation of the law?
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