We are having a rash of appeals from the lower courts on speeding tickets and other class C offenses. The basics are all the same. Plead no contest, oral notice of appeal given, written notice filed within ten days, and no facts or issues for appeal listed.

Has anyone else had to deal with this issue and if so how did you handle it?

I recommend a "plumber's friend" or Roto-rooter for the "clogged" dockets of your County Courts. A new law denying appeal would be nice.

of the tightened restrictions on what JPs can do with CDLs. Tommy Trucker gets a ticket...sometimes it's even one of those "it isn't anyone's fault but there's a ticket anyway" situations. If the Trucker takes the conviction, he loses his CDL and his job. The JP might would have deferred it or done something different, but they aren't allowed to. The County Court can still defer or do something "creative" with the appeal. THerefore - it makes more sense to just enter a plea at the JP level and kick it upstairs.

We have been seeing the trend of increased appeals for quite awhile - since I prosecute both places, I see it very clearly. The only answer I know would be to give discretion back to the JP...

Lisa L. Peterson
Nolan County Attorney

... or take it away from the CCL judges.