Special prosecutor could help North East courtroom and coffers

NORTH EAST — The Town Board at its March board meeting heard a plea from the two town justices. The request? To consider hiring a special prosecutor to attend court proceedings once monthly in the name of justice, and increased revenue.

“I had an opportunity to talk to Judge Wren Abrams in the town of Dover,� North East Town Justice John Crodelle said. “The Town Board in Dover was one of the first towns to institute this. He said it was one of the most efficient things he’s done since sitting as judge.�

According to Crodelle, the town of Amenia is also considering the move. In fact, Amenia may even be interested in doing a joint program with the town of North East.

“Most municipalities in Dutchess County are doing the program,� Crodelle said. “The town of Milan is in excess of $200,000 [in money gained from traffic fines collected through having a special prosecutor].�

“That’s the parkway,� North East town Supervisor Dave Sherman said. “The way Dover is doing it, and what we’re dealing with, is mostly non-crimes. The DA [district attorney] is still prosecuting vehicular crimes, which is absolutely fine. And there’s no problem with the manner the Millerton Police Department is handling these cases. This is a budgetary problem.�

The way it works is that if a person receives a citation for a non-crime — speeding, inspection violation, etc. — and the defendant pleads not guilty, the court clerk sends him or her a notice to appear.

The defendant can talk with the special prosecutor, who reviews the matter and makes a recommendation to the court. There could be a reduction in the charges, which the court makes a decision on. If the defendant pleads not guilty, there will be a court date at a later date and the policeman involved in the case would have to show up at that time. If that doesn’t happen, the ticket is dropped, no fines are collected and the defendant walks free.

“I’m a former state policeman, for 35 years, and I’m certainly not in favor of the way the state police are handling it now,� Crodelle said. “It’s a budgetary matter.�

Town Justice Casey McCabe supported the idea of a special prosecutor.

“I have a current situation. In January or February, a young man with a junior license, around 17, was cited for driving 95 mph on a 55 mph road,� she said. “He pled not guilty by mail and showed up here on his court date. The trooper failed to show. Short of saying, ‘Don’t do that again,’ he was let go. The young man didn’t learn his lesson.

“We expect them [the police] to be there,� she said. “By having a special prosecutor there, we get the party to settle, but they don’t have to.�

McCabe said she spoke with attorneys willing to do the job for $75 an hour.

“I would expect the board to be agreeable,� Sherman said.

“Right now we do have court every Tuesday and alternate nights,� McCabe said. “We couldconsolidate that to one night if we had a special prosecutor.�

“I think Casey and I would have to work it out,� Crodelle added. “I understand and appreciate you people trying to keep a limit on expenditures; I would like to see you speak to the Town Board or supervisor in Dover. By instituting the program it hasn’t increased the cost for them. It has worked out favorably, financially.�

Crodelle said the town of Union Vale tried to do a special prosecutor day the same day as DA day, which didn’t work well. He said he and his colleague could work out the scheduling so it wouldn’t cost the town a lot of money and that the special prosecutor day would happen only once a month.

“I will guarantee you it’s not going to be every week,� he said, adding that it will help the town’s budget. “The absolute most will be once a month. I think at the end of six months or so you will find there will be an increase in the revenue coming into the town through the court.�

The DA would have to appoint a special prosecutor, if the town approves the position. Sherman asked for some assistance from the town justices to describe the “general needs� they want met by such a hire.

Crodelle mentioned Dover’s Judge Abrams again, who said he would be willing to train the special prosecutor at his court, to which the board expressed its appreciation.

Sherman asked for the OK to place an advertisement in the local newspapers for qualified attorneys to apply for the special prosecutor position. A motion was passed with unanimous approval.

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