Court Records Blog

Specialized courts, whether separate entities or divisions of other courts, handle specific types of cases. They are designed to dispense justice efficiently by maintaining expertise in a particular area, following a procedure tailored to their subject matter, collaborating with other government agencies, or a combination of these approaches.

Specialized courts may be set up not to simply to determine guilt and punishment, but to arrange and supervise treatment for people with mental health or substance abuse problems. Examples of these “accountability” or “collaborative” courts are Drug Courts, Mental Health Courts, and Veterans Courts.

Other specialized courts may be set up to process specific types of cases efficiently, following a procedure tailored to their jurisdiction. Traffic courts are an example; while most traffic cases are heard at certain times in regular municipal or county-level courts, some court systems have set up specialized traffic courts. The Maine Violations Bureau is a statewide traffic court. Most special traffic courts are local, such as the New Orleans Traffic Court.

Environmental Court is another type of court set up to process cases efficiently. The name may suggest a court that hears major environmental protection cases such as industrial pollution. Indeed, courts with nationwide jurisdiction over such matters do exist in some other countries, such as Sweden and China. But environmental courts in the U.S. exist only as divisions or programs of state or local courts, and have much more limited jurisdiction.

The only statewide example is in Vermont, where the Environmental Division of Superior Court hears appeals of state land use and other environmental permit decisions as well as municipal land use and zoning cases.

Environmental courts in other states operate as divisions of county or municipal courts, and only hear cases involving local ordinance violations. Most concern unkempt yards, litter, illegal dumping, and animal complaints. Jurisdiction in some courts may extend to housing and health code violations such as defective plumbing or improper food preparation. Some may include violations of building and zoning regulations, fire codes, and infectious diseases.

Examples can be found in Litte Rock, Arkansas; Cobb County, Georgia; Cumberland and Mecklenburg Counties, North Carolina; and Davidson and Shelby Counties, Tennessee.

These environmental courts may not meet the image conjured by their name, but they’re new and growing. Shelby County Environmental Court’s list of Major Areas of Violation acknowledges that the pollution control area “will see more activity in the future.” You can learn more about some of the existing Environmental Courts by following the links at CourtReference.

If you’ve seen Judge Judy or one of the other popular court shows on TV, you may think you know how a courtroom functions. The truth is that these shows could not be further from reality. Most people have never set foot inside of a courtroom, and many are unsure of how to go about filing or responding to a small claims action.

Although small claims courts throughout the United States have somewhat different requirements and limitations for the types of cases they will hear, they do have some things in common. The most unifying aspect of small claims courts is that the claim for damages is limited to a certain dollar amount, typically $5,000-$7,000. Additionally, most small claims courts do not allow the parties to have attorneys in the courtroom. For these reasons small claims court can be a cost-effective alternative to bringing a full blown lawsuit in a higher court, but without the aid of an attorney many litigants are at a loss for how to prepare their case. Luckily, there are numerous location-specific self-help resources available for bringing a case in small claims court, many of which can be found through Court Reference.

Additionally, there are some more general tips applicable to any small claims case. The following, though not legal advice, are some useful ideas to keep in mind either when filing a small claims case or when you have been sued in small claims court.

File the Complaint

First and perhaps most important, if you are the person bringing the small claims case, you must properly file a complaint. The complaint should include at minimum, the name and address of the person you are suing, a brief description of events, an exact dollar amount you are owed and any relevant dates. The complaint needs to be served on the answering party, meaning the other party needs to receive a copy of the complaint and notice that they are being sued. Sometimes small claims courts have their own servers but generally you will need to have somebody other than yourself serve the other party. It is important to look up the requirements for proper service in your location. You will also be responsible for any fees associated with filing and service.

Prepare Your Case

Whether you are bringing or answering a small claims case, it is necessary to spend some time preparing your case. First, gather any relevant documents or other evidence and organize it all in a meaningful way for the judge. Write out the events in chronological order so you have a reference for yourself in the courtroom; it might also be helpful to practice stating your case or have a friend ask you questions about the case so that you are prepared for anything the judge might want to know. Lastly, spend time talking to any witnesses relevant to your case (whether you think they will “help” you or not, it is important to know what they might say in court). Arrange to have them come to court on your court date and write down any question you want to ask them when they testify.

In the Courtroom

The way you appear and conduct yourself in court is more important than you may think. Treat the process with respect – arrive early and dress appropriately (business casual or a suit is always a safe bet). Always address the judge as “Your Honor” and do not approach the bench without permission. Do not interrupt the other party or fall into raising your voice or name calling. These things may seem obvious now, but in the heat of the moment it is surprising how many people lose their cool.

Again, this blog cannot provide you with legal advice and therefore it is always in your best interest to consult a lawyer regarding any type of legal action. However, the topics covered above are generally applicable to any small claims case. Further research can be done by clicking through to your home state on the Court Reference website and selecting the “self help” category from the drop down menu. There you will find helpful small claims links for nearly every state in the Union.

The fine and court costs for a traffic offense are not the only expenses. Most drivers are aware that a traffic ticket can affect auto insurance rates. More tickets can mean even higher rates, and too many tickets can even lead to cancellation of a policy. Depending on where the ticket was issued, it might be possible to keep it off your record by attending traffic school. You’ll still have to pay the fine and court costs, plus the additional costs of the school, but you may still come out ahead in the long run if your insurance rates stay low.

Many states allow traffic school graduates to keep tickets off their records, and more are adopting this approach, but not all police departments and courts advertise this – because they don’t want you to speed in the first place. If you do get a ticket, you may have to contact the prosecuting attorney and ask about traffic school, or other ways to reduce your charge and points or to avoid a ticket on your record. Or you may learn about it on CourtReference.

California has an extensive traffic school program and doesn’t try to keep it a secret. Just take a look at CourtReference’s Guide to California Courts – Self Help and Legal Research page, and look for “traffic school” as you scroll down the page. You’ll find links to:

• The Department of Motor Vehicles Traffic Violator School Unit’s statewide list of school locations by county
• The California Traffic Safety Institute’s searchable statewide list of classroom and home-study traffic schools
• Coordinated Court Services (a private company) searchable statewide list of classroom and home-study traffic schools
• The National Traffic Safety Administration’s searchable list of online traffic schools in several counties
• Many links to traffic ticket and school information in individual counties – starting with Alameda County

In order to attend traffic school in California, you first have to plead guilty and be convicted of the offense. First, be aware that not everyone who gets a ticket in California gets to go to traffic school; eligible drivers must not have a commercial license; must not have attended traffic school in the past 18 months; must not have been convicted of speeding more than 100 miles per hour, reckless driving, or DUI; must not have a Failure to Appear hold on their license; and the violation cannot involve alcohol or drug use or possession. If you are eligible, you must still pay your fine, an additional court fee, and the cost of the school. If you fail to complete the course, the violation will appear on your record. If you complete the course and present your completion certificate to the court on time, your conviction will not be dismissed, but it will become confidential and will not be visible on your public driving record.

Traffic school in New York is only available in some counties as a diversion program run by District Attorney offices. Check CourtReference’s Guide to New York Courts – Self Help and Legal Research page, and scroll down to Allegany County or Orleans County for links to their programs. The Orleans County program is similar to those in California: not all offenses are eligible, you can’t have another conviction or traffic school for the past 18 months, you have to pay the fine plus court fee plus school cost. The Allegany County program excludes drivers who have participated in the program before, have a commercial license, have more than four points on their driving record, have a DUI offense within the past 18 months, were involved in an accident at the time of the offense, or were speeding in excess of 30 miles per hour over the limit. New York drivers who complete one of these programs have their charges dismissed.

If you have a ticket, contact the court or prosecuting attorney to see if you can keep it off your record by going to traffic school. But check CourtReference first for links to traffic school information in your area, so you know the rules before you talk to the DA.