Municipal Court

MUNICIPAL JUDGE Joe Seskey

YEAR IN REVIEW

This past year’s public health emergency did have an impact on Court Operations. The Court was presented with several challenges and operational changes. The Court is and will be committed to remain open and serving all users of the Court. The Court was able to adjust and work through several challenges presented by the COVID pandemic.

Most notably the community service program had to be temporarily paused due City staffing issues and the Chaves County Detention Center temporarily suspended the acceptance of Municipal defendants. The Municipal Court experienced several weeks during the initial stages of the public health emergency where there were limited filings or initiation of cases. In the initial stages of the pandemic the Court took steps to adjust and continue court cases to future dates while the effects of the public health emergency were evaluated.

As we learned more information about the effects of the virus, Courts throughout the State were required to conduct most matters using all remote means possible and limit the number of persons entering a Court Facility. The Municipal Court was required to submit an operational plan to New Mexico Supreme Court through the Administrative Office of the Courts for approval to operate during the public health emergency. The Roswell Municipal Court’s plan was approved as submitted and the Court successfully passed an on-site inspection with no issues noted.

The Court’s modified court operations do offer users of the court all remote means to conduct business with the Court. The Court has instituted screening protocols for users of the court entering the facility and increased our cleaning and sanitizing of the facility. The court continues to adapt to meet the changing demands of the situations presented in these challenging times.

ABOUT THE COURT

Representing the Judicial Branch of the City of Roswell, Municipal Court is responsible for the adjudication of misdemeanor criminal offenses in violation of municipal ordinances and traffic offenses adopted by the City from the New Mexico Uniform Traffic Code.

The court hears cases initiated by Officers of the Roswell Police Department, Animal Services, Zoning and Code Enforcement.

EMPLOYEES

The Court is comprised of the Judge (elected by the citizens), a court administrator, four deputy court clerks, a bailiff, and two court compliance officers.

Employees, including the Judge attend professional development training throughout the year. The Municipal Judge attends yearly required training as mandated by the Supreme Court of New Mexico. Training is conducted through the Administrative Office of the Courts (AOC) and the University of New Mexico’s Judicial Education Center. The Court Administrator, Deputy Court Clerks and Bailiff are members of the New Mexico Municipal Court Clerks Association.

Due to the public health emergency training for judicial employees this past year has been modified and conducted through on line resources. Training for staff through their respective associations has been postponed to future dates in 2021.

2020 HIGHLIGHTS

140 weddings performed Defendants completed 1,936 hours of community service

$252,865 fines and fees collected

$187,350 saved through house-arrest sentences

Upgraded building security and defendant monitoring technology

OPERATIONS

The budget of the Municipal Court is approved by City Council. The Municipal Judge has overall responsibility for its budget and for the day to day operations of the Court and its employees. The Supreme Court of New Mexico has superintending authority over the Municipal Court and sets policy guidance and rules it must follow. Judgments and Decisions in Municipal Court may be appealed to District Court.

The maximum sentence that a Municipal Judge may impose in a criminal offense in violation of City ordinance is 90 days in jail and a $500.00 fine. Penalties for most traffic violations are approved by City Council and adopted by ordinance.

In 2020, a total of 1,103 violations of criminal ordinances were initiated and filed in Municipal Court. There were 2,586 violations of traffic ordinances filed. There were 357 parking tickets filed.

In some instances, persons cited into Municipal Court fail to appear when required. This requires the Court to issue and mail a summons requesting their appearance by a certain date. If the defendant fails to appear after a summons has been issued, a warrant for their arrest may be initiated. Police Officers may also apply directly to the court for summons and arrest warrants in matters they have investigated. In 2020, the Court issued 936 warrants.

Municipal Courts are authorized to perform wedding ceremonies. Municipal Court provides this service at no charge. There were 140 weddings performed in 2020.

FINES AND FEES COLLECTED

In many instances a fine is assessed as a result of a plea of guilty or after having been found guilty at trial. Court fees in the amount of $29.00 are required to be assessed in all cases. These fees are assessed separately from fines and are collected for Corrections, Court Automation and Judicial Education. In some cases, additional fees are assessed for Probation or House Arrest. The court collects these fines and fees at sentencing and for those defendants who cannot pay immediately they are afforded an option to pay over time through a payment plan. There are further options for the defendant to convert their fines to community service if they have no ability to pay.

In 2020, the court collected a total of $252,865.00 from all sources.

In some instances detention or incarceration of defendants awaiting arraignment, trial or serving sentence is required. Defendants are held at the Chaves County Detention Center. The City of Roswell, under the current agreement with the Detention Center is currently charged a fee of $75.00 per day per defendant. In some instances, defendants with Municipal Court charges are being held on unrelated charges by other jurisdictions such as Magistrate and District Court. In these instances, Municipal Court is not charged for their cost of detention. In 2020, Municipal Court defendants were detained or incarcerated at the Detention Center a total of 3,511 days resulting in a cost incurred of $263,325.00.

While a sentence to jail is an option the court may consider when sentencing defendants who have plead or been found guilty, the Roswell Municipal Court employs several alternative sentencing strategies in lieu of incarcerating defendants. Community Service, Probation and House Arrest are helpful in reducing recidivism and reducing cost to the City related to incarceration.

Programs for first time and young offenders are often considered in an effort to correct behavior and deter defendants from making poor choices in the future.

Court Compliance Officers are responsible for supervising defendants sentenced to Community Service, Pre-trial Supervision, Probation and House Arrest. In 2020:

• Compliance Officers monitored 178 defendants participating in community service programs • Defendants completed a total of 1,936 hours of community service • Compliance Officers monitored 36 Defendants on probation conditions imposed by the Court • Compliance Officers monitored 42 Defendants reporting for Pre-Trial Supervision. • House Arrest is an option in lieu of serving time confined to the Chaves County Detention Center.

It allows the defendant to have some flexibility to maintain employment and address the immediate needs of their personal or family obligations. Persons on House Arrest are monitored by an electronic device attached to their ankle and their location can be tracked at all times. • Compliance Officers monitored 187 defendants confined to House Arrest as imposed by the Court • A total of 2,498 days were served by defendants on House Arrest in lieu of incarceration. Had these persons been incarcerated in the Chaves County

Detention Center, the City would have incurred a cost of approximately $187,350.00.

2020 ACCOMPLISHMENTS

Approved legislation at the State and Local level require the constant evaluation of our internal processes and service delivery. The Supreme Court of New Mexico further provides updates and changes for the Courts to implement. These changes often require new forms to use or new procedures to be established.

In early 2020, Municipal Court finalized a contract with Sanders Law Firm to provide indigent attorney services for those defendants requesting and qualifying for a court appointed attorney.

In early 2020, Municipal Court implemented a video advisement of defendants’ rights. The video advises defendants in both English and Spanish of their rights and responsibilities regarding the offenses they have been charged. It is played for every defendant prior to arraignment or their first appearance on charges that have been filed against them. This assist the defendant in being well informed of the proceedings.

The court continues to better use its software capabilities and has identified additional ways the software we currently use will enhance our operations. Staff continues to receive training and updates on our software program with a goal of reducing redundant activities. In the summer of 2020, The Municipal Court expanded its use of a customer service payment portal through the existing CitePay system. Previously, the use of CitePay was only available to on line users. We were able to integrate payments through CitePay with our current software which now gives us the capability to take payments over the phone and further eliminated the need for the court to have a separate credit card machine for in person payments. The elimination of the credit card machine resulted in a savings to the City of over $2,200.00 per year in merchant fees.

In August of 2020, Court Compliance Officer Maria Ordonez began her certification process to be a courtroom interpreter. This certification through the New Mexico Supreme Court will allow Mrs. Ordonez to provide translation services for all matters heard in Municipal Court and eliminate the need for the court to contract for these services through outside vendors. Mrs. Ordonez is scheduled to complete this certification in early 2021.

In November 2020, Municipal Court contracted with a new provider for monitoring defendants assigned to house arrest and wearing ankle monitors. This improved technology provides a longer battery life, improves remote communications with defendants and through cloud based applications allows compliance officers better management of the defendants assigned to them.

In December 2020, as part of a review and recommendation of the safety and security requirements of the Court facility, Municipal Court installed new digital high resolution cameras and recording equipment. This new system replaced an approximately 17 year old analog recording system that had been previously installed. For 2021, the Municipal Court’s goals and objectives include: • The Court continues to cultivate resources within the community that can benefit and help defendants and thus help the community as a whole. The court has begun looking at a process of becoming a “problem solving” or specialty court to address repeat offenders and those who have underlying issues related to homelessness or mental health. • Continue to assess operations to ensure rules compliance and best practices • Increase training and professional development opportunities for the staff • Expand Community Service opportunities within the community • Replace lobby furnishings and increase functionality of the public space • Install wayfinding (signage and messaging) to better assist the public