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Kenner moves marijuana cases to city court; will boost revenue, help police, reduce maximum jail time
By Drew Broach, The Times-Picayune
September 14, 2009, 4:49PM
Michael DeMocker/The Times-Picayune archiveKenner police can spend more time in Kenner now that the city officials have decided to prosecute misdemeanor marijuana cases in City Court instead of state District Court in Gretna.Kenner officials have decided to prosecute misdemeanor marijuana and drug paraphernalia offenses in Mayor's Court, a move that keeps police officers on Kenner streets rather than in a Gretna courtroom and nets the city as much as $350,000 a year but that also reduces the maximum punishment for some drug offenders.
The City Council recently made possession of marijuana and possession of drug paraphernalia city crimes, meaning they won't have to be tried in Louisiana's 24th Judicial District Court in Gretna.
"That's a tremendous amount of time that will be saved," Police Chief Steve Caraway said. Police can be called to City Hall 15 minutes before they are needed in court, compared with hours they might spend in the parish courthouse in Gretna, he said.
"You're there at the pleasure of the judges," Caraway said. "You stay until you're dismissed."
Kenner joins Gretna, Harahan and Westwego as Jefferson Parish cities that handle misdemeanor marijuana and drug paraphernalia possession charges in municipal courts.
"The most important thing is to keep your officers in the city," said Westwego Police Chief Dwayne "Poncho" Munch. "It's a proven fact: High visibility reduces crime."
Kenner's drug court will be held on Fridays at 9 a.m. and finish by noon, City Attorney Keith Conley said. Assistant City Attorney Howat Peters will prosecute the cases. A magistrate and an alternate will be assigned to preside over the court. "This will give the court consistency," Conley said.
When possession charges are tried in the 24th Judicial District Court, Kenner gets none of the fine money, City Council members said. Fines in Mayor's Court will be split between City Hall and the Police Department.
The Police Department makes an average of 28 simple marijuana possession arrests a month, said Lt. Wayne McInnis, a department spokesman. Drug paraphernalia arrests often accompany marijuana possession cases, officials said.
If 28 people received the maximum fines for both offenses, Kenner would collect about $350,000.
Though the fine for first-time possession is the same in Kenner Mayor's Court and state District Court, an offender in Mayor's Court faces a maximum jail sentence of only 60 days, compared with a six-month maximum in District Court.
Also, city convictions may not be used to enhance any future state drug charges. That was a concern that Orleans Parish Criminal District Court judges raised when Orleans District Attorney Leon Cannizzaro last month floated the idea of moving misdemeanor marijuana cases to municipal court.
Conley said Kenner will handle only misdemeanor, first-time offenses. And in practice, first-time offenders in District Court don't get jail time at all, unless their probation is revoked, said Conley, who worked 21 years for the Jefferson Parish Sheriff's Office.
"Additionally, in the unlikely event that a defendant is remanded to custody, they will likely be released due to prison overcrowding," Conley said. "We feel that justice will be served through Kenner Mayor's Court."
Jeannie BlackCaraway said making possession a city offense has a "number of benefits," including that Kenner officers will be better able to track the cases in Mayor's Court than in District Court.
Council members unanimously praised the measure for the fine money that will stay in Kenner's coffers and the new laws' effect of keeping police officers "patrolling the streets in Kenner," Councilwoman Jeannie Black said. "This is very good, positive legislation."
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Mary Sparacello can be reached at msparacello@timespicayune.com or 504.467.1726.
By Drew Broach, The Times-Picayune
September 14, 2009, 4:49PM
Michael DeMocker/The Times-Picayune archiveKenner police can spend more time in Kenner now that the city officials have decided to prosecute misdemeanor marijuana cases in City Court instead of state District Court in Gretna.Kenner officials have decided to prosecute misdemeanor marijuana and drug paraphernalia offenses in Mayor's Court, a move that keeps police officers on Kenner streets rather than in a Gretna courtroom and nets the city as much as $350,000 a year but that also reduces the maximum punishment for some drug offenders.
The City Council recently made possession of marijuana and possession of drug paraphernalia city crimes, meaning they won't have to be tried in Louisiana's 24th Judicial District Court in Gretna.
"That's a tremendous amount of time that will be saved," Police Chief Steve Caraway said. Police can be called to City Hall 15 minutes before they are needed in court, compared with hours they might spend in the parish courthouse in Gretna, he said.
"You're there at the pleasure of the judges," Caraway said. "You stay until you're dismissed."
Kenner joins Gretna, Harahan and Westwego as Jefferson Parish cities that handle misdemeanor marijuana and drug paraphernalia possession charges in municipal courts.
"The most important thing is to keep your officers in the city," said Westwego Police Chief Dwayne "Poncho" Munch. "It's a proven fact: High visibility reduces crime."
Kenner's drug court will be held on Fridays at 9 a.m. and finish by noon, City Attorney Keith Conley said. Assistant City Attorney Howat Peters will prosecute the cases. A magistrate and an alternate will be assigned to preside over the court. "This will give the court consistency," Conley said.
When possession charges are tried in the 24th Judicial District Court, Kenner gets none of the fine money, City Council members said. Fines in Mayor's Court will be split between City Hall and the Police Department.
The Police Department makes an average of 28 simple marijuana possession arrests a month, said Lt. Wayne McInnis, a department spokesman. Drug paraphernalia arrests often accompany marijuana possession cases, officials said.
If 28 people received the maximum fines for both offenses, Kenner would collect about $350,000.
Though the fine for first-time possession is the same in Kenner Mayor's Court and state District Court, an offender in Mayor's Court faces a maximum jail sentence of only 60 days, compared with a six-month maximum in District Court.
Also, city convictions may not be used to enhance any future state drug charges. That was a concern that Orleans Parish Criminal District Court judges raised when Orleans District Attorney Leon Cannizzaro last month floated the idea of moving misdemeanor marijuana cases to municipal court.
Conley said Kenner will handle only misdemeanor, first-time offenses. And in practice, first-time offenders in District Court don't get jail time at all, unless their probation is revoked, said Conley, who worked 21 years for the Jefferson Parish Sheriff's Office.
"Additionally, in the unlikely event that a defendant is remanded to custody, they will likely be released due to prison overcrowding," Conley said. "We feel that justice will be served through Kenner Mayor's Court."
Jeannie BlackCaraway said making possession a city offense has a "number of benefits," including that Kenner officers will be better able to track the cases in Mayor's Court than in District Court.
Council members unanimously praised the measure for the fine money that will stay in Kenner's coffers and the new laws' effect of keeping police officers "patrolling the streets in Kenner," Councilwoman Jeannie Black said. "This is very good, positive legislation."
. . . . . . .
Mary Sparacello can be reached at msparacello@timespicayune.com or 504.467.1726.