Mayor and Members of Sidney City Council And Shelby County Commissioners

SIDNEY MUNICIPAL COURT
2001 ANNUAL REPORT
(O.R.C. 1901.14A4)

Sidney Municipal Court has now completed two full years of operation in our new facility – the renovated Monumental Building. I continue to be amazed at how an 18th century building can so successfully accomplish the necessary demands of the 20th century. Our space increased from less than 3,000 square feet in our old facility to greater than 25,000 square feet and we use virtually every inch. Our security system is as comprehensive and operational as any I’ve seen in any courthouse. And the majesty of the courtroom proper, previously known as the Old Opera House, is beyond words as any of the many visitors can attest. On behalf of all of us at court I again extend my thanks to the many city councilmen and women and county commissioners and private citizens who helped bring this project to closure

In the last 10 years Municipal Court went from a part-time operation to fulltime, we have moved into a new facility and staff has grown from 8 to 16. All these moves have been necessary and timely as our caseload has increased from 7,000 to 14,000 cases yearly. Monies collected through the Clerk’s Office have increased from $849,161 to $1,883,404.10. The Probation Department performed almost 1,000 drug tests, conducted 271 pre-sentence investigations and had over 500 active probationers in the year 2002..

What is the reason for this monumental increase? Violence within the home is ever present and perhaps as high as 90% of the criminal cases are related in some form or fashion to drug or alcohol abuse. Many of these Defendants appear at the sentencing hearing alone as if they just traveled from some far land leaving friends and family behind. Of course the fact of the matter is that the Defendant merely traveled 2 miles or 2 blocks as the case may be. One wonders where are family and friends and the love, care and support that these relationships bring to the table.

Appropriate penalties are necessary but rehabilitation is important as well. Police may arrest, prosecutors may prosecute and judges may sentence, but the alcoholic on release from jail will still drink and drive, the drug user will steal and the abuser will abuse. We must try as best we can to solve the underlying problem so that we don’t just defer criminal behavior.

Let me give an example:

We have a policy such that in any case involving drugs the defendant must be tested before sentencing. If he or she fails that test then sentencing is continued for 30 days. THC, the active ingredient in marijuana stays in the human system less than 30 days. Therefore, if the defendant follows the court order to be evaluated for drug and alcohol abuse and if no more drugs are taken then the defendant will pass the drug screen at time of sentencing. The defendant is further admonished that if this second test is failed then he or she will go to jail that day for up to six months. One would think this would be a very heavy hammer to persuade conduct. As hard as it is to believe more than 25% do not pass. A very troubling statistic indeed and we conclude that the addiction is so great that the individual cannot handle the problem alone. We then impose a 180-day jail sentence but in lieu of 150 days the defendant may seek treatment. This way we know that the individual will be drug free for 30 days and hope that he or she will form a desire and conviction to beat the addiction. Some people can win this battle without help, but most need support.

We need to use the resources of the community at large including family, church, school and social agencies to solve these social ills so that we don’t end up 10 years from now with double our present caseload.

As always, we at Municipal Court are committed to serving the public as best we can and continue to look for ways to improve the system. We welcome tours of every kind and visits by students.

Sincerely,

Judge Donald G. Luce