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When judges jail debtors

On a random day in February (Wednesday, Feb. 20), there were 28 county residents jailed in Dutchess County for civil contempt. The average length of stay for those sent to jail for civil reasons in 2012 was 41.5 days, which amounts to $9,457 per person. During 2012 there were a total of 71 persons sentenced to jail for civic reasons by Dutchess County judges for an approximate taxpayer cost of $671,447.Civil offenders are persons sentenced to jail by judges for contempt of court, which by definition includes those sentenced by civil or family courts. Most civil commitments in Dutchess County are due to a failure to follow an order to pay child support. Judges are not sentencing debtors to jail for failure to pay per se, as much as they are punishing them for disobeying a court order to pay.The jail penalty usually comes at the request of county Child Support Enforcement Unit (CSE), who boasts that last year the threat of jail led a deadbeat parent to come up with over $20,000 in arrears. Similarly in 2011 a man came up with $76,000 to avoid jail time. Of the more than 20,000 child support cases administered by the county, less than 10 percent end up in court for delinquent support payments.The threat of jail time for nonpayment of court-ordered support may produce results but the rate at which Dutchess County judges follow through with the threat for nonpayment is astounding.With the exception of Suffolk County (which has seven times the number of inmates as Dutchess) and Rensselaer County (which is the main out-of-county depository for Dutchess inmates), during the 12-month period from October 2011 to October 2012, Dutchess was tied with Onondaga County (home of Syracuse) for the largest civil inmate population in the state. Both Dutchess and Onondaga had 90 civil-committed inmates, notwithstanding the fact that Onondaga’s jail holds almost two-thirds as many inmates as the Dutchess jail. During this same time period only six other counties out of a total of 58 counties had more than 40 civil commitments. Twenty-one counties (including both Westchester and Rockland) had zero civil commitments for the entire year.When we realize how sparingly other counties throughout the state are sending citizens to jail for civil contempt, certain questions needs to be asked: What is happening differently here in Dutchess? Are the support demands more egregious? Support workers more zealous? Judges too draconian?Fundamentally there is something medieval in our modern society about debtors occupying jail space and something backwards about taxpayers footing the bill for such a punishment. Yet the separation of the branches seems to preclude lawmakers from outlawing the practice, particularly when our system of justice relies on the authority of judges being respected. Even so, the frequency in which Dutchess County jails its citizens for contempt in relation to the rest of the state screams of abuse.Judges need be urged to self-police their branch through the exercise of self-restraint. Similarly, the executive branch of county government should admonish county employees such that the request for jail time for debtors is the exception and not the norm.Michael N. Kelsey represents Amenia, Washington, Stanford, Pleasant Valley and Millbrook in the Dutchess County Legislature. Write him at KelseyESQ@yahoo.com. Read past columns at www.tricornernews.com.

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