Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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Old 07-23-2005, 04:05 PM
sadie sadie is offline
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Debtor's prison suit

Story in my local paper today. Suit about city creating debtor's prison.

http://www.sunherald.com/mld/sunherald/news/local/12203595.htm

Though it's good to bring this to light, I believe they have missed the point that no one should have any of these charges to begin with.

At least it show people are starting to question.
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Old 07-23-2005, 08:20 PM
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charlesa6 charlesa6 is offline
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Old 07-23-2005, 10:49 PM
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Logan Logan is offline
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Wink Its all about revenue!

Sadie,
Interesting news. It reiterates the purpose of state court as revenue collection court with court appointed officers (cops) to generate collection. As sad as it is, this is happening in my parish:

More prisoners out as jail debate rages

By Mike Dowty




LIVINGSTON - Sheriff Willie Graves has released about 40 prisoners since the Parish Council declared an end to paying for inmates kept out of the parish last month.

Graves has agreed to cut around 100 prisoners by Aug. 1 to help the parish save money. However, not everyone is following the script.


Monday, Walker Police Chief Hunter Grimes and Mayor Travis Clark announced they are sending two criminals from the town to a facility in St. Helena Parish to make sure they are locked up. The town will pay the bill itself, Clark said.

"We're going to let them know that if they break the law, they'll be shipped away," Grimes told the Board of Aldermen.


Grimes said he is researching the practices of controversial Arizona Sheriff Joseph Arpaio, who keeps about 2,000 inmates living in a barbed-wire-surrounded tent encampment at the Maricopa County Jail. He expects to see some literature shortly.

The Parish Council Jail Committee held its first meeting Monday, with Parish President Mike Grimmer promising to sit down with Sheriff Willie Graves in the coming week to thrash out issues of who should pay for what.


State law requires parish government to provide a jail and pay the expense of keeping prisoners, but the parish insists its obligation ends at $3.50 a day per inmate.





Monday Grimmer complained that the Shefiff keeps around a dozen state prisoners in the jail, for which he is reimbursed over $23 a day by the state. Meanwhile, parish inmates are sent to East Carroll Parish for $18 a day at the parish government's expense.
Graves said the state prisoners all serve vital functions in the jail and actually save the parish money.



Grimmer said he wants to work with the sheriff to solve the problem that threatens to bankrupt parish government.

"We can fight it out in court," Grimmer said. "We can duke it out. We can start throwing it at each other across the fence. That's not going to solve the problem."

Jail Committee Chairman Buddy Mincey said those involved need to learn a lot more about the issue before taking hard positions.

"We've just got to be committed to doing what's right when it comes up," Mincey said.

Graves will be invited to the committee's next scheduled meeting Monday at 5 p.m. Grimmer is also interested in meeting with representatives of the state Police Jury Association and Sheriff's Association to learn more about options.

Committee member Marshall Harris said he believes they should have plenty of familiarity with the issue.

"I do a lot of traveling around the state and it's not a Livingston Parish problem," Harris said. "It's a problem everywhere."



AND:






Grimmer presents draft of jail proposition

By Natalie Truax




LIVINGSTON - Parish President Mike Grimmer Thursday presented a draft proposal for an election to rededicate a portion of the road sales tax to the construction of a new jail.

Meanwhile, another concerned citizen addressed the Livingston Parish Council, asking them to assess property taxes on the 100 acres Waste Management uses for the Woodside Landfill for the coveted funds to construct and fund a new jail.


Grimmer asked the council members to review the draft and make any changes they see fit.

Grimmer said he is still waiting on particulars from Sheriff Willie Graves before committing a particular percentage of the tax.


"We need to know what the future needs of Livingston Parish are so we're not back here in two to three years needing more space," Grimmer said. "The sheriff is willing to help us gather this information so we will know what we need to do."

Grimmer said he wants to know the facts, like the size of jail needed, before putting a proposition to the people. Grimmer expects to get the issue on the ballot in January 2006, if not sooner.


Concerned citizen Henry Harris, who addressed the council on Livingston Parish finances, criticized the move to rededicate part of the road tax to build the jail.





"You're talking about money that you already get and spend, just splitting it out," Harris said. "It appears to me that this will be a stalemate from the word go. You should lock it in on one meeting or one idea. The money coming in is not working now - those are your words, not mine."
Harris said the council can find additional funds in taxing the 100 acres of Woodside Landfill.



Harris, who said he has experience in government finance since 1958, said Waste Management enjoys using this land tax free.

"Every penny of that 100 acres is prime property enured to Waste Management," Harris said. "Not one penny is enured for your use or our future. Waste Management has 100 acres of land that can generate $2-3 million for Livingston Parish. Today, it's doing $18-20 million for Waste Management.

"That's 100 acres of land where we can get funds to build a new jail, fund the jail and contribute to our children's education," Harris said.

The parish owns the original 100-acre landfill, while Waste Management owns the permit and adjoining acreage for expansion.

Grimmer suggested Harris attend the next Jail Committee meeting, which will be held Monday, July 18.

During the meeting, council members expressed concern over the first two cases of human West Nile Virus of the season appearing in parish residents.

Grimmer told the council the cases were in the Denham Springs area.

Grimmer said the money is still coming in for the mosquito abatement program, with $650,000 collected and five trucks and spray equipment on order.

"We hope to be up and running in the middle of August," Grimmer said. "This will by no means totally eliminate West Nile disease, but it will give us a tool to address West Nile disease."

Grimmer said the ultimate goal is to provide aerial spraying in the area.

In the road construction progress report, Grimmer said the culvert work and ditch cleaning the Department of Public Works is doing is providing substantial savings to the parish.

From a review of figures for projects undertaken in District 1, Grimmer said the Department of Public Works installed culverts at a cost of $33,000 and cleared ditches at a cost of 65 cents per foot.

"It was estimated the contractor would have charged us $72,000 for the cuvert work and $1.90 a foot for ditch cleaning," Grimmer said.

In other action, Frank LeBarber explained payment procedures and policy changes at the Waste Management office.

LeBarber said a company-wide policy was decreed a year ago for employees to cease accepting cash for payments from walk-up customers at the Waste Management office.

"We're not trying to punish anybody," LeBarber said. "This policy is throughout the corporate offices that for security reasons, we quit taking cash at any of our counters."

LeBarber apologized for the inconvenience this may have caused for some people.

LeBarber said if it's important to the council to have the front counter take cash, they need to include it in the bid specifications the next time the contract is up for bid.

"At that point, we may bid on it or we may not," LeBarber said.

In other business, the council accepted the low bid of $2.4 million from Frank Culotta Contractors for the Watson Branch Library.

Meanwhile, the council approved a $5,800 change order for the Denham Springs/Walker Branch Library.

A representative with LaBarre Johnson Architects told the council the contractor ran into bad soil and buried timber during excavation of the property.

The change order covers the removal of the "bad" material and replacing it with the "good" material.









Its all about MONEY! The more laws, the more criminals, the more jails are needed and the more law enforcement. Every year, our local "good ole boys" line their pockets a little more. (and boy, are the locals here dumb)
Logan


P.S. Gulfport is not far, its good to know that I have a like mind somewhat close.
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Old 07-24-2005, 07:17 PM
sadie sadie is offline
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Sorry that I can't get link to work

Here is the story from the SunHerald.

I think it is ok to post as they let me email if I want to.

Suit claims Gulfport court has created debtors' prison

By ROBIN FITZGERALD

rfitzgerald@sunherald.com

GULFPORT - A federal lawsuit claims the City of Gulfport and its Municipal Court have created a modern-day debtors' prison.
The lawsuit, filed Thursday, alleges the city and court officials have abused their authority by putting indigent people in jail for failure to pay misdemeanor fines. It also alleges a special unit of police officers "troll the streets," primarily in predominantly black neighborhoods, looking for people who have past-due court fines.
The civil lawsuit represents only one side of a complaint.
The lawsuit was filed by the Southern Center for Human Rights and the NAACP Legal Defense and Educational Fund. Twelve of the 15 plaintiffs are black.
The complaint names as defendants the City of Gulfport, Municipal Judges Bill Atchison and Richard Smith and Court Administrator Bill Markopoulos.
"People who are rich are being treated differently than people who are poor," said Sarah Geraghty, a Southern Center attorney in Atlanta. "My understanding is that the Municipal Court has a new policy that everyone must pay misdemeanor fines within 30 days. For some people, this is impossible."
The Harrison County jail, long overcrowded, housed 994 inmates on Friday. Of those, 285 were held on misdemeanor charges from Gulfport, jail officials said. Municipalities pay the jail $15 per day per inmate.
The "most disgraceful" complaint, said Geraghty, involves Virginia Thomas, described as illiterate and mentally retarded.
"She is so impaired she cannot even write her own name. Her only source of income is a small monthly
SSI check. She has been incarcerated for more than one month for old fines on five occasions. She's never been appointed a lawyer."
Members of the Southern Center and the NAACP have attended hundreds of misdemeanor hearings in Gulfport, said Geraghty.
"We have observed only one instance in which a judge appointed counsel to an indigent person. In that instance, it was after the defendant repeatedly begged for court-appointed counsel. It is really quite disgraceful how they treat these people."
The lawsuit does not seek money for the plaintiffs.
"We just want them to use a more appropriate and constitutionally sound way of dealing with indigent misdemeanors," Geraghty said.
Mayor Brent Warr and City Attorney Harry Hewes were not available for comment Friday.
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