municipal courts
03.15.2015 • Sunday • M 1
2014County per capita collections 2014 per capita St. Louis has a reputation for being a speed trap – and fortraffic goodcases reason. $100 $200 $300 $400 $500 $600 $700 1 2 3 4 Some municipalities far outstrip state averages for number 5 6 7 Bella Villa 8.93 Pine Lawn $691.10 $691.10 of municipal court cases filed andBeverly fines collected. Hills Edmundson $599.89 $599.89
Bella Villa $589.03 $589.03 Vinita Terrace $450.36 Beverly Hills $385.35 2014 per capita collections Bellerive Acres $381.97 $100 $200 $300 $400 $500 $600 $700 Calverton Park $310.13 Pine Lawn $691.10 $691.10 Normandy $285.06 Edmundson $599.89 $599.89 St. Ann $252.99 Bella Villa $589.03 $589.03 Velda City $224.86 Vinita Terrace $450.36 Flordell Hills $222.71 Beverly Hills $385.35 Charlack $219.69 Bellerive Acres $381.97 Moline Acres $214.25 Calverton Park $310.13 Breckenridge $211.74 Normandy $285.06 Cool Valley $196.74 St. Ann $252.99 Country Club Hills $192.96 Velda City $224.86 Bel-Ridge $187.68 Flordell Hills $222.71 Frontenac $154.47 Charlack $219.69 Northwoods $147.23 Moline Acres $214.25 Wellston $145.21 Breckenridge $211.74 Berkeley $143.09 Cool Valley $196.74 Maplewood $134.61 Country Club Hills $192.96 Pagedale $131.53 Bel-Ridge $187.68 Rock Hill $130.08 Frontenac $154.47 Vinita Park $126.76 Northwoods $147.23 Town and Country $126.67 Wellston $145.21 Kinloch $126.53 Berkeley $143.09 St. John $124.54 Maplewood $134.61 Fenton $123.41 Pagedale $131.53 Bellefontaine Neighbors $117.88 Rock Hill $130.08 Uplands Park $115.34 Vinita Park $126.76 Hillsdale $114.06 Town and Country $126.67 Creve Coeur $95.25 Kinloch $126.53 Ferguson $94.28 St. John $124.54 Richmond Heights $91.77 Fenton $123.41 Greendale $80.84 Bellefontaine Neighbors $117.88 Jennings $80.39 Uplands Park $115.34 Shrewsbury $76.88 Hillsdale $114.06 Maryland Heights $75.69 Creve Coeur $95.25 Ladue $75.11 Ferguson $94.28 Dellwood $73.01 Richmond Heights $91.77 Clayton $71.18 Greendale $80.84 Oakland $67.29 Jennings $80.39 Hazelwood $62.01 Shrewsbury $76.88 Riverview $60.48 Maryland Heights $75.69 Woodson Terrace $57.72 Ladue $75.11 Clarkson Valley $56.58 Dellwood $73.01 Des Peres $52.85 Clayton $71.18 Ellisville $52.07 Oakland $67.29 Brentwood $51.88 Hazelwood $62.01 Florissant $49.00 Riverview $60.48 Velda Village Hills $48.96 Woodson Terrace $57.72 Sycamore Hills $47.55 Clarkson Valley $56.58 Bel-Nor $47.20 Des Peres $52.85 Marlborough $45.53 Ellisville $52.07 Sunset Hills $43.67 Brentwood $51.88 Hanley Hills $43.24 Florissant $49.00 Olivette $40.89 Velda Village Hills $48.96 Webster Groves $40.21 Sycamore Hills $47.55 Bridgeton $38.53 Bel-Nor $47.20 Glendale $36.66 Marlborough $45.53 Ballwin $34.29 Sunset Hills $43.67 Overland $32.88 Hanley Hills $43.24 Winchester $29.47 Olivette $40.89 Chesterfield $27.29 Webster Groves $40.21 Manchester $26.87 Bridgeton $38.53 Valley Park $24.99 Glendale $36.66 Kirkwood $22.63 Ballwin $34.29 Crestwood $21.46 Overland $32.88 Unincorporated STL Co. $20.83 Winchester $29.47 Eureka $18.22 Chesterfield $27.29 Warson Woods $17.61 Manchester $26.87 Wildwood $16.94 Valley Park $24.99 Black Jack $16.30 Kirkwood $22.63 Lakeshire $15.92 Crestwood $21.46 University City $15.65 Unincorporated STL Co. $20.83 Pasadena Park $14.08 Eureka $18.22 Grantwood Village $5.62 Warson Woods $17.61 Wildwood $52.56 St. Louis County $16.94 Black Jack $16.30 Missouri** $25.29 Lakeshire $15.92 University City $15.65 Pasadena Park $14.08 Grantwood Village $5.62 St. Louis County Missouri**
$52.56 $25.29
ST. LOUIS POST-DISPATCH • A11
2014 percent of traffic prosecutors Prosecutors cancases enterdismissed a “nollebyprosequi” 8
9
8.93 7.40
Pine Lawn 6.05 Edmundson 5.20 Calverton2014 Park per capita traffic 3.66cases Velda City 3.38 1 2 3 4 5 6 7 8 9 Flordell Hills 2.93 Bella Villa 8.93 8.93 Country Club Hills 2.91 Beverly Hills 7.40 Vinita Terrace 2.63 Pine Lawn 6.05 Hillsdale 2.61 Edmundson 5.20 Charlack 2.51 Calverton Park 3.66 Bel-Ridge 2.21 Velda City 3.38 St. Ann 1.97 Flordell Hills 2.93 Kinloch 1.87 Country Club Hills 2.91 Wellston 1.66 Vinita Terrace 2.63 Bellerive Acres 1.38 Hillsdale 2.61 Rock Hill 1.32 Charlack 2.51 Vinita Park 1.30 Bel-Ridge 2.21 Fenton 1.22 St. Ann 1.97 Normandy 1.22 Kinloch 1.87 Cool Valley 1.20 Wellston 1.66 Maplewood 1.09 Bellerive Acres 1.38 St. John 1.08 Rock Hill 1.32 Breckenridge 1.07 Vinita Park 1.30 Northwoods 1.06 Fenton 1.22 Frontenac 1.02 Normandy 1.22 Pagedale 1.00 Cool Valley 1.20 Berkeley 0.98 Maplewood 1.09 Bellefontaine Neighbors 0.93 St. John 1.08 Riverview 0.89 Breckenridge 1.07 Creve Coeur 0.81 Northwoods 1.06 Shrewsbury 0.81 Frontenac 1.02 Richmond Heights 0.78 Pagedale 1.00 Greendale 0.73 Berkeley 0.98 Jennings 0.61 Bellefontaine Neighbors 0.93 Brentwood 0.60 Riverview 0.89 Florissant 0.57 Creve Coeur 0.81 Ladue 0.57 Shrewsbury 0.81 Bel-Nor 0.57 Richmond Heights 0.78 Ferguson 0.56 Greendale 0.73 Town and Country 0.56 Jennings 0.61 Clarkson Valley 0.51 Brentwood 0.60 Hazelwood 0.50 Florissant 0.57 Oakland 0.49 Ladue 0.57 Ellisville 0.48 Bel-Nor 0.57 Olivette 0.44 Ferguson 0.56 Velda Village Hills 0.44 Town and Country 0.56 Clayton 0.40 Clarkson Valley 0.51 Glendale 0.38 Hazelwood 0.50 Sunset Hills 0.37 Oakland 0.49 Woodson Terrace 0.36 Ellisville 0.48 Des Peres 0.35 Olivette 0.44 Maryland Heights 0.35 Velda Village Hills 0.44 Webster Groves 0.34 Clayton Sycamore Hills 0.40 0.34 Glendale 0.38 Dellwood 0.32 Sunset Hills 0.37 Ballwin 0.27 Woodson Terrace 0.36 Marlborough 0.27 Des Peres 0.35 Winchester 0.27 Maryland Heights 0.35 Hanley Hills 0.26 Webster Groves 0.34 Bridgeton 0.25 Sycamore Hills 0.34 Chesterfield 0.24 Dellwood Black Jack 0.32 0.21 Ballwin Warson Woods 0.27 0.21 Marlborough 0.27 Valley Park 0.19 Winchester Manchester 0.27 0.19 Hanley Hills 0.26 Overland 0.17 Bridgeton Unincorporated STL Co. 0.25 0.15 Chesterfield 0.24 Crestwood 0.14 Black Jack 0.21 Wildwood 0.14 Warson Woods 0.21 Lakeshire 0.13 Valley Park 0.19 Kirkwood 0.13 Manchester 0.19 Eureka 0.13 Overland Uplands Park 0.17 0.10 Unincorporated STL Co. 0.15 University City 0.10 Crestwood Pasadena Park 0.14 0.07 Wildwood Grantwood Village 0.14 0.03 Lakeshire Moline Acres* 0.13 NA Kirkwood 0.13 * Traffic case data for Moline Acres was incomplete. Pasadena Hills did not provide Eureka court data to the state. St. Louis County 0.13 0.42 Uplands Park 0.10 **A small number of municipalities failed to Missouri** 0.21 report data to the state. University City 0.10 Pasadena Park 0.07 Grantwood Village 0.03 Moline Acres* NA St. Louis County Missouri**
0.42 0.21
* Traffic case data for Moline Acres was incomplete. Pasadena Hills did not provide court data to the state. **A small number of municipalities failed to report data to the state.
10% 15% 20% 25% disposition in a5%municipal court case,30% Normandy 32.9% 32.9% which closes and seals the case. 32.2% Black Jack 32.2%
29.8% Beverly Hills 29.8% Dellwood 27.5% Flordell Hills 25.3% 2014 percent of traffic cases dismissed by prosecutors Charlack 24.0%30% 5% 10% 15% 20% 25% Bel-Ridge 19.5% Normandy 32.9% 32.9% 17.5% Manchester 32.2% Black Jack 32.2% 15.8% Berkeley 29.8% Beverly Hills 29.8% 15.8% Winchester Dellwood 27.5% 15.6% Vinita Park Flordell Hills 25.3% 15.6% Clayton Charlack 24.0% 15.3% Shrewsbury Bel-Ridge 19.5% 15.1% Wellston 17.5% Manchester 13.9% Ferguson 15.8% Berkeley 13.5% Bella Villa 15.8% Winchester 13.4% Des Peres 15.6% Vinita Park 12.4% Uplands Park 15.6% Clayton 12.0% Pasadena Park 15.3% Shrewsbury 11.7% Edmundson 15.1% Wellston 11.7% Richmond Heights 13.9% Ferguson 11.6% Bel-Nor 13.5% Bella Villa 11.1% Rock Hill 13.4% Des Peres 11.1% Florissant 12.4% Uplands Park 10.8% Velda City 12.0% Pasadena Park 10.8% Ladue 11.7% Edmundson 10.4% Breckenridge 11.7% Richmond Heights 10.0% Greendale 11.6% Bel-Nor 9.7% Eureka 11.1% Rock Hill 9.6% Clarkson Valley 11.1% Florissant 9.6% Velda Village Hills 10.8% Velda City 9.4% Maplewood 10.8% Ladue 9.4% Maryland Heights 10.4% Breckenridge 9.0% Webster Groves 10.0% Greendale 8.9% Fenton 9.7% Eureka 8.7% Moline Acres 9.6% Clarkson Valley 8.7% Warson Woods 9.6% Velda Village Hills 8.7% Wildwood 9.4% Maplewood 8.6% St. Ann 9.4% Maryland Heights 8.5% Riverview 9.0% Webster Groves 8.5% Overland 8.9% Fenton 8.4% Kinloch 8.7% Moline Acres 8.3% Bellerive Acres 8.7% Warson Woods 7.9% Chesterfield 8.7% Wildwood 7.7% Glendale 8.6% St. Ann 7.5% Sycamore Hills 8.5% Riverview 7.4% St. John 8.5% Overland 6.8% Woodson Terrace 8.4% Kinloch 5.8% Crestwood 8.3% Bellerive Acres 5.6% Northwoods 7.9% Chesterfield 5.6% Bellefontaine Neighbors 7.7% Glendale 5.5% Valley Park 7.5% Sycamore Hills 5.2% Hillsdale 7.4% St. John 5.2% Creve Coeur 6.8% Woodson Terrace 5.1% Kirkwood 5.8% Crestwood 5.0% Sunset Hills 5.6% Northwoods 4.9% Hazelwood 5.6% Bellefontaine Neighbors 4.8% Cool Valley 5.5% Valley Park 4.7% Country Club Hills 5.2% Hillsdale 4.6% Frontenac 5.2% Creve Coeur 4.5% Vinita Terrace 5.1% Kirkwood 4.3% Town and Country 5.0% Sunset Hills 4.3% University City 4.9% Hazelwood 3.9% Ballwin 4.8% Cool Valley 3.8% Pagedale 4.7% Country Club Hills 3.6% Bridgeton 4.6% Frontenac 3.4% Jennings 4.5% Vinita Terrace 3.2% Hanley Hills 4.3% Town and Country 3.1% Oakland 4.3% University City 3.1% Olivette 3.9% Ballwin 2.7% Marlborough 3.8% Pagedale 2.4% Pine Lawn 3.6% Bridgeton 2.3% Ellisville 3.4% Jennings Lakeshire 1.5% 3.2% Hanley Hills Calverton Park 1.1% 3.1% Oakland Brentwood 0.7% 3.1% Olivette Grantwood Village 0.0% 2.7% Marlborough 2.4%population data and figures provided by Pinederived Lawnfrom Census SOURCE: Calculations municipalities to theEllisville Office of State Courts 2.3%Administrator for the 2014 fiscal year, which ended on June 30. Figures include bond forfeitures. Some collections are dispersed 1.5% Lakeshire outside of the municipality. Some municipalities will dismiss older cases in bulk, which can inflate the share of cases dismissed. | Post-Dispatch 1.1% Calverton Parkthat are Brentwood 0.7% Grantwood Village 0.0% SOURCE: Calculations derived from Census population data and figures provided by municipalities to the Office of State Courts Administrator for the 2014 fiscal year, which ended on June 30. Figures include bond forfeitures. Some collections are dispersed outside of the municipality. Some municipalities will dismiss older cases in bulk, which can inflate the share of cases that are dismissed. | Post-Dispatch
citations rarely amended without an attorney COURTS • from A10
Wildwood, all but four of 144 citations concluded in November were amended to nonmoving violations such as illegal parking. Tim Engelmeyer, a judge in Creve Coeur and prosecutor in Chesterfield, Des Peres and Valley Park, said amending charges to nonpoint violations is “a necessary evil” because of the volume of cases and the limited number of prosecutors. “With only a certain amount of time, you have to decide which ones need to be tried and which ones you have to work out via a plea or amendment,” he said. “If you don’t, you will be trying cases all night and into the next day.” He said trials on municipal charges can be costly, because it means paying overtime to an officer and hourly fees to a prosecutor. The deals aren’t as generous where people can’t afford lawyers. On a recent court date in Moline Acres, there were only 26 traffic citations amended down to illegal parking among 562 citations overall. An attorney was involved in all but one of those 26 cases. Those without attorneys usually had to plead to the original charge, which often included license points. Jennifer Fisher, a defense attorney who is also the judge there, acknowledged that if an attorney has entered on the case “the vast majority of the time” the charge will be amended to a nonmoving violation. When asked about the fairness of a system that tends to treat people with lawyers more favorably, Fisher pointed to criminal charges at the state level: “If I go rob the Walgreens and I get an attorney, the chances of me getting a better result are vastly improved over me representing myself,” she said. “If you represent yourself, you always do so at your own peril in the criminal justice system. Is it fair? I think it’s reasonable.”
THE DEAL MACHINE Lawyers often don’t have to do much work in municipal court cases. First, people who get traffic tickets in St. Louis County often receive letters within a few days from multiple law firms offering to fix their ticket for as little as $45. Every day, a Labadie-based company called Direct Marketing receives a list of cases from several cities and the Regional Justice Information Service, or REJIS, a quasi-governmental body that serves as a warehouse of court information. Direct Marketing then sends out advertisements on behalf of lawyers to ticket recipients. Then a company called LawSourceLive gives attorneys online access to nearly 60 St. Louis area municipal courts, allowing them to enter an appearance, and request and receive a recommendation for an amended charge from a prosecutor. Each transaction costs the lawyer $3. Engelmeyer said he and several other prosecutors came up with the idea for the company 12 years ago during a discussion about the paperwork in municipal courts. They partnered with the local IT company Method Technologies, which went live around 2004. Engelmeyer said he isn’t involved in the company’s operations and doesn’t make money from it. Larry J. Smith of St. Charles is a former St. Louis police officer who was stopped by a Pine Lawn officer last spring for speeding on the highway. Smith says the officer was wrong and he wasn’t speeding. He called his insurance agent, who advised him the cheapest option was to hire an attorney to get the charge amended. For $40, an attorney said he could have the municipality amend the charge from speeding to illegal parking, but that the fine would double from $150 to $300. Smith said he agreed to that because he didn’t have time to fight the charge. But he wonders why cities are so freely amending speeding cases to parking tickets:
“With only a certain amount of time, you have to decide which ones need to be tried and which ones you have to work out via a plea or amendment.” — Tim Engelmeyer, judge in Creve Coeur and prosecutor in Chesterfield, Des Peres and Valley Park
“They’re not hurting for nothing, they don’t have to write a single ticket.” — Bel-Ridge Col. Gordon Brock, about wealthier suburbs such as Maryland Heights and St. Charles
“If they’re not in that for the money, then explain that to me like I’m a 3-year-old.” Matt Conley, the city administrator for St. Ann, said he doesn’t see any problem with cutting out the point system. Fines deter speeders, he said. And the money generated is better off going to a municipality, where it can be used to pay for traffic enforcement, than to an insurance company. Conley said if the practice changed, the public would revolt: “I make a mistake, and all of a sudden I get points on my license?” But where do you draw the line on deals? Nancy Fox, 50, a photographer who lives in Clayton, has a driving history that includes three drunken-driving arrests and three license suspensions. In October, she rear-ended a vehicle on Highway 40 (Interstate 64) in Ladue, causing a three-car collision. She said she had been distracted by her phone ringing. Alcohol was not listed as a factor in the crash. The officer wrote her a ticket for careless and imprudent driving. Fox’s brother, Richard Fox, a lawyer, wrote a letter to prosecutor James Towey requesting a recommendation for an amended charge. She got the standard deal: Illegal parking in a park, a $252 ticket. Fox had mixed feelings about the outcome. “I even thought to myself, ‘Wow, that doesn’t sound very fair, or legal, but it’s to my benefit.’” Towey did not respond to a request for comment. Mike Right,a vice president with AAA in St. Louis, the auto club and insurance company, said the deal sounded outrageous. Cities often claim their traffic enforcement is about public safety, but their courts amend cases to nonpoint violations, undermining the state’s ability to flag dangerous drivers. You’ve got people who shouldn’t be driving, he said, but they are “driving without any constraint other than you extract money” from them every once in a while. Jeremy Kohler • 314-340-8337 @jeremykohler on Twitter jkohler@post-dispatch.com