FAYETTE MUNICIPAL COURT HELPS 'CONTROL COSTS'

Municipal judge says it makes sense to explore options besides jail time

In 17 years of law enforcement, Fayette Police Chief Euel Hall had
always worked in a city with a municipal court.

It was a system that helped cut costs and take the load off the district
court system.

But when he arrived in Fayette from Hamilton in 2001, Hall discovered the
city didn't have one. Even Berry, a smaller town in northern Fayette County,
had a municipal court.

"I couldn't believe it when I got down here and they didn't have one," Hall
said. "Everyone's gone to city courts now."

That changed last month, when the inaugural session of the Fayette Municipal
Court was held on Feb. 18.

"It's really more a matter of controlling costs than anything," said newly
appointed municipal judge Merrell Nolen. "You've got all these options
beside putting people in jail."

Hall said it costs the city about $80,000 annually to house prisoners in the
county jail.

In times of prison overcrowding and budget cuts, Nolen said it makes sense
to explore possibilities other than jail time. During the first session of
the court, Nolen sentenced only one person to jail. Drug cases are referred
to counseling. Other cases like harassment can be referred to anger
management.

Nolen is a Fayette native son and a local attorney who has prosecuted cases
in municipal courts in Berry and Trussville.

"You hear about the jails being overcrowded, but it all starts at all these
little municipal courts," Nolen said. "The jails are for people we're scared
of and want to punish."

Fayette Mayor Ray Nelson said the creation of the court will help free up
spending money because the court fees will help pay for the cost of housing
prisoners. Previously, that money came out of the city's general fund.

"I think it's going to make a big difference, take a load off of our general
fund," Nelson said.

Assistant city clerk Linda Rushing now wears a second hat, that of
magistrate for the municipal court. She said the first night of court, with
34 cases taking four hours, was a "light docket."

The court has sessions on the first and third Tuesday evenings of each
month.

District Judge Jerry Clary could not be reached for comment last week, but
Nolen said the court was glad to see the municipal court created. The
municipal court lightens the district court's caseload, allowing it to
devote more time to the various civil suits and divorces on the docket.

Nelson said the city council was in strong support of the court after Hall
made the suggestion to create it. Nolen believes it will make an economic
impact on Fayette.

"Within the first year, I think the city will feel the difference, that this
is the way to go," he said.