Judge Carroll's Massive Revamping Of Bonding In Lakewood Court And Jails

[Jim O'Bryan]

From Municipal Judge Patrick Carroll

I have attached a revised bond schedule, effective April 8, 2019, for persons arrested in the City of Lakewood. As you will note, the bond schedule by level of offense has been eliminated. Bonds will only be required for felony and specific misdemeanor offenses listed in the schedule, unless the police and/or prosecutor request a bond for any other charges. As an example, a non-specified offense with mental health, substance abuse, or other issues that would pose a risk of harm to the person or others, or a risk of not appearing in court.

Considerations for setting bail are limited to:
1) Securing the defendant’s appearance in court, and
2) Risk of harm to the defendant, victim, or the community.

Download 2019 Bonding Schedule Here: http://media.lakewoodobserver.com/media ... 489660.pdf

In amending the bond schedule the court notes that a person arrested for operating a vehicle under the influence of alcohol, (OVI) by a Lakewood police officer is required to post a $364.00 bond while a person arrested by the Ohio State Highway Patrol in Lakewood for the same offense is released to a sober person without bond. There has been no significant difference in the defendant’s appearance in court on the charges. As such, the bond serves little other purpose than a down payment for a fine if the defendant is later found guilty.

With increased substance abuse and mental health issues, bond classifications based solely on the level of offense are outdated. A person with severe mental health issues or drug dependence may pose a threat to the community and themselves regardless, even when the offense is relatively low. On the other hand a person with strong ties to the community and no risk of danger or flight, bond is not necessary to secure attendance in court or prevent risk to the community. In many cases, conditions of bond, such as no firearms or contact with the victim, continued treatment programs, and other conditions with pretrial monitoring are more effective than posting cash to get out of jail.

Due to lack of adequate funding at this time, the court has not adopted a formal risk assessment tool, but with the information the police are required to provide to the judge, as set out in the bond schedule, a reasonable decision on the amount of bond and any conditions can be made. Pretrial services may be conducted through the court probation department and include the court Recovery Resources liaison and other treatment providers.

The court also recognizes the negative impact of a fixed bond schedule on both the individual and the community. A bond scheduled based solely on the level of offense may require a person to spend a night in jail not because of any risk, but solely due to inability to pay. This consequence also has a direct impact on the taxpayers’ burden to support the operation of the jail.

This is a statewide, not a local concern. Under the leadership of Supreme Court Chief Justice Maureen O’Connor a task force was appointed to review bail practices in Ohio. Chief Justice O’Connor has also convened a statewide pretrial Justice Summit Meeting later this month. This court is also grateful to retired Judge Ronald Adrine for his diligent efforts in bail reform and his assistance and guidance on these issues.

The Lakewood Court’s revised bond schedule operates on the basis that a person should not be unnecessarily held in jail solely for being financially unable to post a bond based on the level of offense with no other meaningful information. This amended bond schedule shifts the initial responsibility to the police or prosecutor to bring to the court’s attention when a person arrested for a criminal offense, regardless of level of offense, is either a risk of harm to themselves, the community or a risk of flight. As the initial responders with available information about the facts of the case, the defendant’s background and other pertinent information, the police and prosecutor are in the best position to determine when a bond should be requested from the court.


Patrick Carroll, Judge
Lakewood Court

http://media.lakewoodobserver.com/images_full_res/4b475855063b395c887ae84a5be7ea5a.jpg

[Richard Baker]

My grandfather was a JP in Lorenzo, Texas close to Lubbock during the 1950's and 1960's between the time he was growing cotton, owned the only office building on main street, played dominions with the locals in a room with a Franklin stove during blue northerners, did everyone's taxes and taught me how to multiply on a mechanical adding machine that you pulled the handle to calculate. Incidentally, how many of you know how to do this? He also had owned cotton gins in Oklahoma and I can remember when he gave me a tour of gen how it separated the seed from the cotton.

Back to grandpa being a JP. His "court" would handle all the traffic law violators in the area that the state troopers brought in to his court. I remember as it it was yesterday, I ask him how he could determine if the defendant was guilty or if the trooper had made a mistake. His response was simple, "My boys [state troopers] are never wrong up to the point of court costs." At least Grandpa Holland was honest to his grandson. He died in his late seventy's, by breaking his neck by falling off a windmill that he had climbed. My dad and uncle found him the bottom of the windmill, not his "boys". My dad thought it was due to his dementia and being lost but I thought it because he was proud man and knew what was happening to him.

Back to the subject. Municipal courts are little more than revenue machines for the city. I'm sure that all the city police officers are never wrong in the Lakewood municipal court and the case stats for this "court" will be no different than "grandpa's". Seek justice, don't bother, the cost to appeal a municipal court, is when you have to decide if principal is worth the expense. If it is a DUI ask for a jury trial and it goes to county courts.

I do applaud the judge's decision to remove the inequities between local and state DUI arrests. This is beneficial to him as he won't be disturbed as often and the city won't be charged for jailing the offender who's risk of flight is negligible. However, I would expect that city police officers must produce facts and not their opinions if someone is a treat against themselves or others.

I had a wise city attorney tell me, "Law is not logic or common sense and never think that justice will always prevail." His best advice was to say nothing, nothing ever to a police office, other than rank and serial number, ask for your one phone call, and hire an attorney. Laugh as you may but many have been abused by the system, although they thought at the time it may be slight.

[Jim O'Bryan]

"Law is not logic or common sense and never think that justice will always prevail." His best advice was to say nothing, nothing ever to a police office, other than rank and serial number, ask for your one phone call, and hire an attorney. Laugh as you may but many have been abused by the system, although they thought at the time it may be slight.

Wise words, and even many more have not been served by the legal processes through no failings of police, courts, or litigants.

However I read it as a chance to address 3 major issues in Lakewood.

Look right here in Lakewood. We still have less than 1oth the documents requested. Courts tried their best to make them come up with them, but alas. The City's desperate need to hide the documents, along with hundreds of other documents at City Hall, than comply. Breaking the law, no. More like exploiting the law against residents for their own selfish reasons.

I am sure your grandfather would love an elected officials trying to do that.

Richard, let me get this straight, you are talking about 1920 era for granddad?

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[Richard Baker]

Richard, let me get this straight, you are talking about 1920 era for granddad?



Jim, I can remember granddad in the 1950's to the mid 1970's before he died. Granddad came up to our orchard in NM [2200 trees] and my dad took him, my brothers and I to Wall lake for trout fishing for three days of camping. Camping, a tarp over pole between trees and on the ground with two blankets.

The roads in the 1950's to the lake were gravel and mostly one lane, but they did have spots you could back up to let someone pass. To get there we had to go over the devils backbone. Grandpa, being from western Oklahoma and the Texas pan handle that is as flat as a pool table, decide to fortify himself when ever he was looking down the shear side of a mountain with Jack Daniel's. My brothers and I learned the lyrics of "Thanks for the Memories" by the time we go to the lake.

Grandpa never fished for lake trout, they don't bite and take the bobber down, they nuzzle it and run with it. The secret is to hook um when they are traveling away from you. Being stubborn and from Western Oklahoma, where men are men and so are the women because its so harsh, you couldn't tell granddad how to fish. It was said that he did pack something besides Jack Daniel's, but I don't recall him changing clothes.

Fishing on Texas lakes with my dad, brother, uncle and grandpa is a whole different story.

We were brought up that if you gave your word or swore on a oath, you did everything possible to kept it. If you didn't, you had no honor as a man. Don't misunderstand me there were men without honor back then but it seems that times have changed, good honorable men/women is becoming a rarity in politics.

[Jim O'Bryan]

Richard kind of figure it as just talk to derail another conversation.

hmmmmmmmm?


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[Richard Baker]

Derail? You asked and I responded, with a amusing story to lesson the fact that municipal courts are bias and self serving. Justice, hardly, you have better chances in a kangaroo court. No, this was about Carroll not wanting to be disturbed all the time. That I can understand but it does beg a question? How can a Judge change bail without some oversight or do judges in a Democrat serfdom have King David's authority?