PARIS – A District Court judge in South Paris dismissed the contested traffic cases of more than 20 people Dec. 6 when time ran out at the end of a busy docket day.
Five minutes before 4 p.m., when the court closes, Judge John McElwee dismissed 12 speeding cases, six inspection sticker violations, and over a half-dozen assorted other violations including improper passing, using a siren on an unauthorized vehicle, no seat belt, excessive noise, failure to stop at stop sign, open alcohol container and excessive noise.
The total in potential fines lost by the state because of the dismissals was $3,839.06. On all the dismissal forms in the clerk’s office were the same words, as ordered by McElwee: “Dismissed by the court. State unable to negotiate disposition or go to hearing in the allotted time.”
McElwee was at a sentencing institute Thursday and Friday and could not be reached for comment.
Joseph O’Connor, Oxford County Assistant District Attorney, said it was “unfortunate” the cases were dismissed.
McElwee’s decision was unusual, he said.
“It’s unfortunate. I think there’s some scheduling issues that need to be addressed,” O’Connor said.
O’Connor’s fellow Assistant District Attorney Richard Beauchesne was handling the monthly motor vehicle violations court on that day, O’Connor said. O’Connor, in turn, was busy preparing for a complicated six-day trial in Oxford County Superior Court.
“There were 96 cases, and court began at 1:30 p.m.,” O’Connor said. “In two and a half hours, if everyone wanted to talk to the DA, that’s a minute and a half per case.”
District Court Clerk Laura Nokes said the state’s Bureau of Motor Vehicles schedules cases to be heard each month. “Sometimes there’s 60, or 90. Next month we have over 100,” she said.
Nokes said she may need to set a limit with the motor vehicles bureau of how many cases can be heard so that the situation doesn’t happen again.
Many of the people issued motor vehicle violations never appear before the judge, she said, but simply pay the fine. The people whose cases were dismissed were people who waited out the day in order to speak to Beauchesne to see if they could negotiate a lower fine.
Beauchesne could not be reached for comment.
“We would love to have two or even three district attorneys in a courtroom” at any given time, but given budget constraints, that’s not always possible, O’Connor said.
At the same time, he added, “We understand the court has to close the door at 4 p.m. because of its own financial constraints.”
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