Town wins round one in Night Court

The town’s first round of Night Court returned big results, with the town netting $25,000 in uncollected fines and costs.

“The first night went well,” said Municipal Court Judge Michael DiChiro. “We had about 80 people show up voluntarily, with payments coming in right up until the court hearing began.”

The court, in its first attempt to collect fines, costs and fees dating back 15 years, sent out 250 letters as final notice to Johnston residents, notifying them of their unpaid obligations and directing them to contact the court regarding payment.

Of the 250 letters, 40 were returned with no forwarding address. Several individuals either didn’t show up for court or did not respond to the final notice.

“It is a work in progress,” said Court Administrator Richard Delfino. “We are reviewing the results and working on our plan to contact these people going forward.”

Working with the town’s data administrator, finance officer, the Board of Canvassers and the Registry of Motor Vehicles, court officials are attempting to locate residents who are on the list of unpaid fines, many of them simple moving violation fees.

“The judge was being open and compassionate in dealing with those individuals who came before him,” said Delfino. “Some of the stories were so incredible – the life experiences and what the people were facing – homelessness, unemployment, trying to find work, trying to hold onto their homes and more. We were certainly sympathetic to people who have fallen on hard times.”

Both Delfino and Judge DiChiro indicated that the court is willing to work with individuals experiencing hardship.

“The fees keep mounting,” said DiChiro. “We are trying to explain to people that payment of these fees is a first step out of a difficult situation. If the individuals have had their license suspended due to the unpaid fines, we can clear the license suspension. Once the license is reinstated, the person can drive to work, go to job interviews and move forward.”

In the instance of a suspended license, the court issues a receipt to the individual who has resolved the municipal court issue. That receipt is taken to the registry of motor vehicles to have the license reinstated after payment of a reinstatement fee.

“People have trouble navigating the court and government systems, dealing with the paperwork or understanding the steps needed to resolve a problem,” said Delfino. “We are taking the time to help them understand the process and the benefits to them in doing so. We are doing it without additional penalties and are only attempting to collect the original fees, fines and costs.”

The court saw immediate progress after issuing the first 250 notices, with people coming in to pay their fines.

“We have collected $25,000 up to this point,” said Delfino. “That does not include time to pay circumstances. We gave several people the ability to pay their fees prior to the next Night Court date of October 3. They have until then to pay their original fine, without the requirement for any additional appearance or fines.”

“We gave them six weeks,” said DiChiro. “Six weeks to pay fines, some that were as little as $35. We understand that there are people that have hardship circumstances. We are working with them.”

DiChiro also indicated that several people had fines simply because they never appeared to explain their circumstances.

“Individuals and business owners who had valid reasons to not pay the fines never appeared before the court to explain their circumstances. Had they appeared, they may have had their fines cleared then,” said the judge.

A large portion of the $25,000 came from a single outstanding payment of over $10,000.

“The town cases – some of them housing cases – some are in bankruptcy, some homes are bank-owned, some have liens or may need liens placed,” said Delfino. “We are working with the town to identify those situations and deal with them.”

The town did not issue body attachments for any of the individuals identified in the first round of notices.

“We are dealing with each situation individually,” said Delfino. “Some of the individuals have moved, some we haven’t located as yet.”

The court will be issuing a second round of letters for Night Court scheduled for Oct. 3 at 6 p.m. Those individuals will also be instructed to pay their fees before their court date or appear before the court to plead their case.

“I opened the doors at 5 p.m.,” said Delfino. “I had people paying fines before court went into session.”

The Night Court was set up with residents’ convenience in mind.

“We understand that there are people who can’t take time out of work to come to court during the day,” said Delfino. “That is why we set up a Night Court. If the Night Court times are an inconvenience due to family and work circumstances, we can schedule the people for the day court. We are open during the day and we have the Night Court.”

There are two reasons for the new Night Court, according to Delfino.

“We are holding people accountable and we are getting people through the system,” he said. “It may seem like a minor issue, but once the fines and the problems associated with them are gone, people can begin to contribute to society again.”

DiChiro was aware that people have a fear of court.

“We ask people to contact the court. They can come in ahead of time. They can mail their payments in and they don’t have to have their name on the calendar. They can avoid the embarrassment of appearing in court,” he said.