Municipal Court Judge Randy McGrath chats with readers about traffic and criminal matters.

Fatty_McButterpants

Way to totally censor my question Mr. Moderator. You just lost me as a customer. Congrats.

Moderator

Welcome, everyone, and thank you for joining our online chat with Municipal Court Judge Randy McGrath.

Municipal Court Judge Randy McGrath

Thank you. I look forward to hearing some questions about Municipal Court.

Moderator

For the record, your moderator today is Dennis Anderson, managing editor of the Journal-World. I have the first question: As a Municipal Court Judge, what types of cases do you preside over?

Municipal Court Judge Randy McGrath

I preside over traffic infractions and misdemeanors committed in the City of Lawrence, including DUIs, thefts, batteries, criminal damage to property, underage possession/consumption of alcohol, and about 100 other types of offenses, either in the Standard Traffic Ordinance or in the City Code of Lawrence.

parsimoniousjayhawker

I have had three friends get traffic tickets and request a bench trial. Each of them were found guilty but yet you reduced their fines because they “took the time to come to court.” Is it better to request a bench trial rather than pay the fines?

Municipal Court Judge Randy McGrath

Each defendant has to make the decision as to whether a trial would be advisable, or whether he/she should just pay the ticket, or try to get something worked out with the prosecutor’s office, such as getting a moving violation amended to a non-moving violation. Concerning your friends’ cases, there have been times when after a trial I have suspended part of the fine if the defendant had to wait in court for a couple of hours before his trial started, due to a heavy docket.

badger

Judge McGrath, thanks for taking the time to chat.

Do you ever just sit there and listen to the excuses people make, and just want to shake your head and say, “Son, what on earth made you think anyone would believe that, or think it was a reasonable explanation if they did?”

Municipal Court Judge Randy McGrath

Sure.That happens almost every day, particularly when a defendant misses his court date and ends up seeing me by video from the jail. What I hear most of time is that the defendant lost his notice to appear which had the court date and that nobody contacted him.

Moderator

A couple of readers have a question about conflicts of interest. How do you determine when you should excuse yourself from a case?

Municipal Court Judge Randy McGrath

If there would be a clear appearance of impropriety, such as a relative who comes into court, I would recuse myself. Generally, I look at the relationship I may have had with the defendant and then make a determination whether there is a conflict or not. I just look at it on a case by case basis. After practicing law in Lawrence for about 20 years before becoming a judge I do know many people who come into court. If I decide not to recuse myself, then it would be because it does not appear to be improper and I’m supremely confident that the defendant and plaintiff will have due process from the Court.

geekin_topekan

Your Honor,
Will the city ever adopt a policy of time served is equal to fines paid?
Other cities have a $60/day time served toward fines and costs.Does this make sense economically?

Municipal Court Judge Randy McGrath

Jail time for not paying fines or completing any part of the sentence is determined by the judge, and not by city policy. An example would be a defendant who did not complete alcohol treatment by a certain date, or did not complete community service work to pay off fines by a date certain, then after a hearing if I determine that there was a willful refusal to comply with the sentence, then some, or all, of the jail time which had been suspended upon the condition that the defendant do those things could be imposed. I should point out that the Kansas Supreme Court and the U.S. Supreme Court have said that a defendant cannot be imprisoned for non-payment of fines without a determination made by the judge that the defendant had the financial means to pay and refused to do so, or that there was an alternative to paying fines, such as community service work.

geekin_topekan

Your Honor,
Does the municipal court believe that jail/fines are able to make a difference in the city’s homeless crisis?
In other words,does the law and your court have the ability to make the situation better or worse for the people if Lawrence?

Municipal Court Judge Randy McGrath

No, I don’t think jail/fines makes much difference with the homeless problem. We have had many homeless people who have done considerable jail time, usually for not completing the community service work on multiple cases or violating the terms of probation with another law violation and when they are released from jail they are still homeless, without job skills, and have the same friends who are in a similar situation. Many of them are seriously alcoholic, who have been through treatment programs and been on supervised probation in the past. The jail time dries them out from the alcohol during that period of incarceration, so in that respect it helps for awhile. Usually, with repeat offenders, jail time is imposed because other forms of a sentence did not work, but no, it’s not a panacea for the homeless problem.

Moderator

A reader asks how your background as a court-appointed crimial defense attorney affects your role today as a municipal judge.

Municipal Court Judge Randy McGrath

It helps tremendously. I tried quite a few cases as a criminal defense lawyer, plus had hundreds of pleas and sentences, and hearings on cerain motions. Therefore, I appeared before many judges and learned from all of them. So, that experience helps me in court in any evidentiary hearing or trial. That being said, it does not make me defense oriented in my rulings. Instead, I listen to all of the evidence and try to apply the law to the facts. I go into court with a clean slate and have no agenda. I have a lot of confidence in my ability to do that.

Moderator

Thank you, Your Honor, for taking time this afternoon to answer our readers’ questions. I hope you will come back and do it again.

Municipal Court Judge Randy McGrath

Thanks for having me. I could acutally go on all day about law and courts. I’ll save that for my trial clerk during our court recess.