SHIPROCK COURT – CIVIL TRAFFIC FLOW November 9, 2007
Manual / Automated System1. DOCKETING CIVIL TRAFFIC CITATIONS
Clerks receive civil traffic citations from Pros. for docketing / → / Make sure the ticket has “Shiprock” on the top left corner of the citation. Otherwise, give back to Pros.
Check birth date to ascertain Def. is adult. If juvenile, highlight birthdate and return to Pros.
Write on the citation the docket number generated by the automated case system.
Original (WHITE) goes into the Citation Box in Drawer.
GREEN COPY goes to File Box in Vault.
PINK COPY goes to NDLE / ↔ / Create File
[Op 1][T][CV]
Mandatory data fields [READ OFF TRAFFIC CITATION]:
· personal info of def.
· date filed [AUTOFILL]
· offense date
· offense code
· citation # (IF TRAFFIC)
· report #
· judge assigned
· attorney (PROSECUTOR)
· badge #
· officer name
· arraignment date (IF ANY)
· plea
· tickle 30 DAYS or by date officer puts on citation
=> [AUTO DOCKET NUMBER]
· PROCEED,” Navajo Nation filed Traffic Citation” on Data Field.
Check if it is for appearance, to remit payment by certain date, or a warning. / → / If it is a warning or incomplete/defective citation, generate Order to Dismiss; judge signs.
Mail 1 copy to Pros. And 1 copy to Def.
PRINT PROCEEDINGS to file, attach to ORIGINAL citation and file away by numerical folder. / ↔ / Edit & Proceed.
DISMISSALS:
Mandatory data fields
[Op 2]
· Term date and description
· Clear tickler
· Comments/Initials
[Op 3]
[ADD PROCEEDING/Initial, in proceeding menu.]
2. WEEKLY CITATION CHECKS – 30-DAYS NON PAYMENT – ISSUE CIVIL TRAFFIC JUDGMENT(BY DEFAULT)
The Citation Box contains only active civil traffic cases, which are in alphabetical order, likely hundreds of citations. This must be checked regularly for past dues. / → / On a weekly check, there are likely 10-20 past dues (PAST 30 DAYS) to be pulled.
Pull the citation
Issue Civil Traffic Judgment by Default; signed by judge
Give Def. a copy or mail a copy by First Class Mail. Clerk signs return of service.
PRINT PROCEEDINGS to file. / ↔ / Edit & Proceed.
Mandatory data fields
[Op 2]
· Term date and description
· Comments/Initials
[Op 3]
[ADD PROCEEDING/Initial, in proceeding menu ]
3. TRAFFIC FINE PAYMENTS
Traffic Fine Payments / → / Court will accept only MOs and cashier’s checks. NO PARTIAL OR INSTALLMENT PAYMENTS ACCEPTED UNLESS SO GRANTED BY JUDGE.
Clerk will apply the payment in the automated system and issue automated receipt to Def.
The MO or cashier’s check is attached to both YELLOW and PINK copies of receipt and put in money bag in locked drawer for deposit the following business day into a designated Navajo Nation account.
The YELLOW and PINK copies of receipt are separated upon deposit after which PINK copy is filed with financial reports and YELLOW is put in receipt book. (See “ACCOUNTING FLOW/Deposit and Reports.”)
PRINT updated proceedings and close case upon full payment.
Attach original citation to proceedings printout and file in vault with a copy of proceeding. / ↔ / Edit & Proceed.
Mandatory data fields
[Op 2]
· term date & Term Type
· account number
· amount paid
· clear tickler
· comments/Initial (“DEF. PAID FINE ON (date) etc.]
[Proceed to Payments “P”]
· payment amount
· payment type
· MO number
· payor
· authorization initial
· print receipt [AUTOPRINT & NUMBERED]
[Proceed to Op 3]
· [ADD PROCEEDINGS, in proceeding menu ][“Def paid fine in amt of $__, receipt #; case closed”][Initials]
Traffic Fine Overpayments / If payment exceeds the fine,
First the payment must be applied in the automated system and a receipt issued;
Second, the overpayment must be separately applied in the automated system as a “bond payment” and a second receipt issued for the overpayment.
Both receipts must be given or mailed to Def.
The MO or cashier’s check is attached to both YELLOW and PINK copies of receipt and put in money bag in locked drawer for deposit the following business day into the court local account.
The YELLOW and PINK copies of receipt are separated upon deposit after which PINK copy is filed with financial reports and YELLOW is put in receipt book. (See “ACCOUNTING FLOW/Deposit and Reports.”)
When the deposit clears, a disbursement check for the overpayment from the court account will be sent to Def. via a court check. (See “ACCOUNTING FLOW/Disbursements.”) / ↔ / Edit & Proceed.
FIRST, follow all above steps for receiving traffic fine payments.
SECOND, apply the overpayment as follows:
Mandatory data fields
[Op 2]
· enter overpayment under “bond payment”
· comments/Initial]
[Proceed to Payments “P”]
· payment amount
· payment type
· MO number
· payor
· authorization initial
· print receipt [AUTOPRINT & NUMBERED]
[Proceed to Op 3]
· [ADD PROCEEDINGS][“Def overpaid in amt of $__, receipt #”][Initials] and forward to accounting clerk to issue a refund to defendant.
4. REQUEST FOR TRAFFIC HEARING
Def. may challenge the ticket, if not already done so, within 30 DAYS / → / Def. requests a traffic hearing.
Traffic hearings are ONCE A WEEK, Thursdays at 9 AM
Issue Notice of Civil Traffic Infraction Hearing to Def. and a copy the police department for service on the issuing officer.
Create a civil traffic hearing folder / ↔ / Edit & Proceed.
Mandatory data fields
[Op 2]
· summons (notice) issued
· calendar date
· calendar time
· hearing type
· tickler hearing date
· comments/initials
[Op 3]
[ADD PROCEEDING/Initial]
5. TRAFFIC HEARINGS
If officer fails to show at hearing / → / On motion of Pros., Def.’s counsel, or by Court’s own motion, issue Order Dismissing Citation; Judge signs / ↔ / Edit & Proceed.
Mandatory data fields
[Op 2]
· Term date and description
· comments [case closed][initial]
[Op 3]
[ADD PROCEEDING/Initial]
Judgment after court appearance / → / Issue Civil Traffic Judgment; judge signs
Give Def. a copy or mail a copy by First Class Mail. Clerk signs certificate of service and copy is put into the prosecutor’s inbox.
PRINT OUT proceedings update / ↔ / Edit & Proceed.
Mandatory data fields
[Op 2]
· term date and judgment details
· comments [FILL IN FINE/FEE ASSESSED][Initial]
[Op 3]
[ADD PROCEEDING/Initial]
Default Judgments / → / If Def. fails to show, issue Civil Traffic Default Judgment; judge signs
Mail Def. a copy by First Class Mail. Clerk signs return of service.
PRINT OUT proceeding update / ↔ / Edit & Proceed.
Mandatory data fields
[Op 2]
· term date and judgment details
· Tickle for 30/45/60 days
· comments [case closed] [Initial]
[Op 3]
[ADD PROCEEDING/Initial]
Hold open 30 DAYS after hearing if payment is ordered
If the Defendant requests for CSW in lieu of paying fine
If the Defendant requests to convert CSW to fine payment
Defendant may request for extension of fine payment / → / If payment received, issue receipt, close case as in # 3 above.
If payment not received, make a copy of the Civil Traffic Judgment and mail it to Def. (They usually pay after this).
If they don’t pay, consult judge and issue OSC. Judge may issue a BW after Def. ignores multiple OSCs, Only if there is completion of service.
Request is forwarded to Judge, if request is granted; an Order is issued reflecting the granting of request.
Copy of Order is Mailed to Defendant, copy is given to prosecutor.
Request is forwarded to Judge, if request is granted; an Order is issued reflecting the granting of request.
Copy of Order is Mailed to Defendant, copy is given to prosecutor.
Request is forwarded to Judge, if request is granted; an Order is issued reflecting the granting of request. Judge signs and, dates the Order.
Copy of Order is Mailed to Defendant, copy is given to prosecutor. / ↔ / Edit & Proceed.
IF PAYMENT RECEIVED
Edit & proceed as in # 3 “Traffic Fine Payments”.
IF CIVIL JUDGMENT ISSUED:
[Op 3]
[ADD PROCEEDING/Initial]
IF OSC ISSUED:
Mandatory data fields
[Op 2]
· OSC issued
· calendar date
· calendar time
· hearing type
· tickle for 30/45/60 days
· flag
· comments/initial
[Op 3]
[ADD PROCEEDING/Initial]
6. TRANSFER TO FAMILY COURT
Transfer Juvenile Case to Family Court (VERY VERY RARE because Juv cases should have been caught and sent back to the Pros. as soon as the citations come in) / → / Issue Order to Transfer Case to Family Court, Only if this ia a Traffic Criminal; judge signs
On a Traffic Civil Citation; “Juvenile “ should be indicated and return back to prosecutor.
PRINT PROCEEDINGS to file. / ↔ / Edit & Proceed.
Mandatory data fields
[Op 2]
· term date and transfer details
· comments [case closed] [Initial]
[Op 3]
[ADD PROCEEDING/Initial]
7. ISSUES
Inability to SEARCH BY CITATION results in many payments that are mailed in having to be returned to sender because citation cannot be located.
CIVIL TRAFFIC FLOW – 4