The Role & Importance of the
Traffic Court Judge
Judge Neil Edward Axel
District Court of Maryland (retired)
Maryland Highway Safety Judicial Conference
December 2, 2015
“The traffic court has . . . suffered
from the failure of judges, legislators
and lawyers to realize that its work
involved new problems of judicial
administration that were quite
different from those of the ordinary
criminal courts.”
Arthur T. Vanderbilt, Dean of the NYU School of
Law (1942)
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Areas of Judicial Influence
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Inside the Courtroom
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Pretrial release
Plea agreements
Sentencing
Outside the courtroom
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Working with other stakeholders
Coordinating Councils & Task Forces
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As judges we play a role in . . .
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Moving/managing
dockets
Deciding cases
Holding offenders
accountable
Effecting behavioral
changes
Protecting communities
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Reducing recidivism
Educating offenders
Educating communities
Creating problem solving
courts
Providing insights to
study groups & task
forces
Judging: One Challenge
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Maintaining judicial function without
yielding to pressures of:
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Docket size
Time standards
Administrative functions
Chambers work
Non-judicial time
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NHTSA’s Four “E”s of Traffic Safety:
A Partnership of Stakeholders
 Enforcement
 Engineering
 Education
 Emergency
response
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Challenges & Obstacles
in Traffic Court
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Heavy caseloads
Plea agreements
Incomplete information
Lack of system coordination
Lack of financial resources
Variations in alcohol assessments &
treatment
Inadequate post-sentence supervision
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Bail Review Hypothetical
Defendant appears for bail review:
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28 years old; life-long resident of MD
Charged with DUI (BAC – 0.19) & DWR
Currently on probation for DUI #2
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Prior DUI’s – 2010 and 2014
Gainfully employed; lives with spouse +
children
No prior FTAs
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Montana’s 24/7 Sobriety Program
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As condition of bail or sentence, defendants required to
submit to twice-a-day, random or continuous alcohol
monitoring
Judge Mary Jane Knisely, Montana District Court:
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“as a pretrial tool, the program strikes a necessary balance
between a judge’s statutory duty to protect the safety of the
community and an offender’s right to the least restrictive form or
supervision.”
“as a sentencing took, it gives alcohol-dependant defendants a
jumpstart on sobriety”
Constitutional: State v. Spady, 380 Mont. 179 (2015)
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Plea Agreements
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Prosecutor announces plea agreement
reducing DUI to negligent driving because
officer is not present
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Can/should judge accept plea?
Whose decision is it?
Role of judge – don’t ask; don’t tell?
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Baseless Pleas: A Mockery of Justice
78 Fordham L.Rev. 2961 (May 2010)
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“Prosecutors and judges cannot participate in
baseless pleas because the practice defies their
ethical responsibilities to uphold the integrity of
the court and legal profession and to ensure the
fairness of the criminal process.”
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Undermines integrity
Diminishes respect for the court
Subverts the fairness of criminal proceedings
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Iowa Supreme Court Attorney Disciplinary Bd.
v. Howe, 706 N.W.2d 360 (2005)
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Prosecutor disciplined for reducing moving
violations to equipment violations that were not
supported by probable cause
HELD: conduct violated RPC for:
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advancing claims that were unwarranted
making false statements of law or fact
Not a defense that judge approved the amended
charge
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Sentencing
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Discussion Questions
1.
Do judges protect the community most by:
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2.
Incarceration?
Probation? or
Changing behavior?
To what extent does jail change behavior?
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Sentencing
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"Every judge understands that with more
information about an offender's
circumstances, a sentence can be better
tailored to the person to ensure he or she
doesn't repeat the offense."
One size does not fit all
David Wallace, Highway to Justice, at p. 5-6 (a publication of the
American Bar Association, Summer 2015).
Outside the Courtroom
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Judicial Role Outside of the Courtroom
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Interaction with other community stakeholders
to discuss disposition of DUI cases
Participation on Task Force or Coordinating
Council
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Improvement of the law, the legal system or the
administration of justice = OK
BUT must not impede upon appearance of
impropriety
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Code of Judicial Conduct
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Rule 3.1. Extrajudicial Activities in General
A judge may engage in extrajudicial activities
unless it:
will interfere with proper performance of judicial
duties
 will lead to frequent disqualifications
 will appear to a reasonable person to undermine
one’s independence, integrity or impartiality
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Code of Judicial Conduct
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Rule 3.1 Comments
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“Judges are uniquely qualified to engage in
extrajudicial activities that concern the law,
the legal system, and the administration of
justice.”
Extrajudicial activities help integrate judges
into their communities
Furthers public understanding and respect for
the courts
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Our Role as Traffic Court Judges?
Concluding Thoughts
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To stop, from time to time, & question
what is going on
To ensure we have the information
needed to make good informed decisions
To hold offenders accountable
To think outside the box and improve
outcomes
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Comments?
Questions?
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