Gold Hill council won�t remove judge - December 21, 2005

Mail Tribune (Medford, OR — Wayback)

2006-01-03

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Oregon Road Conditions & Cams Email Story to a Friend December 21, 2005 Gold Hill council won’t remove judge By SANNE SPECHT Mail Tribune GOLD HILL — The City Council refused to fire Municipal Judge Don Leahan on Monday despite heated calls for his termination by police officers and community members during a special meeting. The council also unanimously ordered police Chief Dean Muchow to move his citations back into Municipal Court after he’d begun sending them to the county Justice Court to circumvent Leahan. The council voted 5-to-1 to retain Leahan, with Councilwoman Kathleen Price casting the dissenting vote. The council also said it will send a letter to the judge voicing its displeasure at his recent public criticism of the police department. Council member Gus Wolf said he and others want Leahan and Muchow to stop "slinging arrows" at each other in the press. Advertisement Leahan, who was not present at the meeting, has criticized the department’s recent 500 percent spike in citations — from $1,683 in September to November's high of $10,550 — as being too aggressive and amounting to an unauthorized tax. Muchow said the judge’s remarks had impugned his integrity. He and his officers, insisting they could not get a fair hearing from Leahan, moved their citations out of Municipal Court and into the Justice Court District of Jackson County in November. Fines levied by Leahan during the Dec. 12 court session amounted to nearly $3,800. Leahan dismissed two speeding violations cited in the school zone "in the interest of justice" after Muchow and reserve officer William "Red" Smith failed to appear in court. A violator cited by Sgt. Hank Hobart, who did attend the scheduled trial, was found guilty by Leahan and fined. At Monday’s meeting, Muchow said he had been unable to attend due to illness. Reserve officer Chris Hanson said his experiences in Leahan’s court have "always been fair." But Hanson said Leahan’s critical remarks and threats to dismiss cases have put the officers in a difficult position. He said motorists are taunting officers and trying to outrun tickets. "Our risk is higher than it’s ever been," said Hanson. Hanson and other officers who spoke were among a crowd of about two dozen attending the meeting. Many shouted "support your police department" as council members tried to speak. Mayor Sherry Young had sent out a private e-mail, obtained by the Mail Tribune, to 33 addresses Sunday afternoon urging attendance. Young stated the meeting would address Leahan, the police department and other issues and would include a closed session regarding Muchow. No council members were included in Young’s mailing. Members Wolf and Jan Fish expressed concerns that Leahan had not been informed of the meeting and that the city’s officially posted agenda had included only an executive session and no mention of Leahan. "I really feel the judge should be here," Wolf said at the meeting. Leahan on Tuesday said he was told the meeting would be an executive session only. He said he had attended the Dec. 5 council meeting, however, to make himself available should the council wish to address concerns regarding his court. "No one asked me to explain anything," he said. "I was there." Leahan said he has no problem fining legitimate offenders. He has maintained an average 95 percent conviction rate during his five years on the bench, he said. Leahan supports the officers of the department, he said. In a letter to Hanson, Leahan wrote: "My purpose for writing is to commend and assure you that I and the court regard you and your service to the city in the highest regard." But Leahan said he remains convinced the three-month ticketing spree was an attempt to fund the financially strapped department. Leahan said Muchow’s September police report stated as much. And Mayor Young twice told him the fines and fees could be used to hire Hanson as a third officer for the department, Leahan said. The compilation of events compelled him to speak out in defense of the court’s integrity, he said. Leahan said he is being attacked for disclosing facts. "I think it’s an obvious case of kill the messenger," said Leahan. "But the buck stops at the bench." Reach reporter Sanne Specht at 776-4497 or e-mail Gold Hill council won�t remove judge ">[email protected] . Mail Tribune Home  | Local News  | Sports  | Business  | Obituaries  | Life | Opinion AP News | Archives  |  Site Map  | Community  | Classified   Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. 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