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Uic honors college capstone project do my capstone target why is physical education important essay good morning everyone and welcome back to it body of my name is Ralph enemies and we have no matta white with us here we're interviewing to City Court judges trying to find out more about the judicial process and how things work in City Court bring you that information for future reference if you ever have to see the need to pay paid a visit to these cords which I hope you don't but with us this morning we have the Honorable Joseph fiorella who has been how long you've been on the bench now sir ten years almost ten years ten years and that recently appointed Susan E and also on the bench on she'll be doing whatever either they have you signed i'm doing a criminal calendar right now I've been on the bench for six months and I'm ready to go back and intake in July ok judge Egan when you deliberate to this to to to to make a decision on sentencing on what what what besides reading all the different cases and getting a good idea what would be a fair approach of the sentence what are the fact is that you take into consideration in making that decision well sentencing is I think one of the more challenging parts about the job because it's the last time you have contact with that individual and you have to decide what the purpose is for the sentence whether it's a crime that requires and calls for a punitive response or whether this is an individual that it has some underlying issue is a victim of circumstance in some way and if you as part of the sentence can fashion some response to that underlying issue you may be able to break that cycle and you may create a situation where you'll never see that person in city court again and so those are the factors that I'm often considering and quite a few of the cases you've sentence almost right away after the plea in other circumstances when it's a more serious offense in city court the most serious offense that we can resolve is an A misdemeanor I will order what's called a pre-sentence investigation which involves in the Erie County Probation Department in doing an investigation of that individual and it's a very thorough report that we get with restarting from when they were born to their educational experience to their family life to where they are now and and they get input from the victim and so then that's a very comprehensive report that gives me some guidance as far as the right response but I'm always trying in my first instinct is how do we fix this problem and it's I do find it very difficult to look someone in the eye on sand sentence them to a long term of jail because I don't feel like that always solves the problem but that's it is a very challenging part about the job touch fiorella how often do you see repeat offenders in your courtroom they used to it would uncle will work for the Water Authority the instant how much water's is the colonel warp puppy station pump a day was some person in from out of town and his response was lots and lots of water so my response is lots and lots of times I think we have tremendous tremendous repeat offenders and most of it I know that the the police and the DA's and whoever else is associated with City Court they probably like to lay that on the judges that were easy where easy sensors or we didn't do the right thing but most of the times when they go through the system it comes out at the end that the judges really can't too much for instance a person will come in they're charged with the police with a felony some type of salt right well by the time the case comes before us the district attorney may take that case reduce those charges and make a man a misdemeanor then when the case comes finally back to resolve they play it down to a disorderly conduct just totally conduct the stiffest sentence you can give us 15 days they've already been in jail maybe like with anything so what do you do time served they go out the door they committed us some other kind of crime and they're right back in that's why I love this new program i'm in the alcoholic program that was talking about because it works we get a very very low rate the rate you're talking about it's called recidivism yes when a person commits recommit to the same type of crime we have a recidivism rate in this DUI program of between eight and ten percent Wow which is tremendously long it's great ok JG again if you were the person responsible for deciding what cases would be tried in what order how would you split the Court's time between criminal calendar and the civil calendar well I think the criminal cases absolutely have to take priority because you in oftentimes in is in the example that Judge fiorella was talking about you have someone that's in custody they're sitting in custody waiting for their case to be resolved and the prosecution has the burden of proof and if they don't meet that burden then that person gets out of custody and so out of you know fairness to that individual you need you have to prioritize those cases and even in when it's not a situation where someone is in custody you have you know you've got a lot of people involved in it whether it's the victims of the crime whether there's an outstanding order of protection there's a lot of issues that are very sensitive that need a resolution and the longer they go on the harder it gets to resolve them and so I in my opinion criminal is definitely the priority good no what are you one more one more one more do you see people from a specific socio-economical background or class more so than in other classes or with other socio-economical backgrounds the reason i ask is because sometimes when people don't have as much they perhaps have more idle time to do other things poor people rich people absolutely i mean that you know there's that there's a direct correlation between your socioeconomic status and the frequency with which you come through buffalo city for it and you know we hire very fortunate to have the public defenders in city court and they're sitting in the intake parts and they interview every defendant at arraignment to determine if they qualify and I've never looked at the numbers I don't know what judge sure if Jerry Arella can can fill in that statistic but the vast majority of people before me are represented by the public defender which is an income based service so there is absolutely a connection between socioeconomic status and and the people that we see mm-hmm now let me ask both of you just like kind of family know your book marry have children grandchildren judge I am married for 35 years to my lovely wife Jana Jana was a as i said before school teacher for over 30 years in the buffalo school system she rose to be a program director at at school 64 homestead school which you know is a very very good school ok prestigious job tremendous program there and i have two wonderful children I have a son 34 that works for the city and he has his own landscaping business and I have a daughter 30 30 years old Sarah and she is a teacher at homestead ok so the we have a great education we have a great family and we reside on the west side of Buffalo and very happy there been there for almost 30 years hey Georgie I am also married my husband Jim is also an attorney and we have two beautiful children Riley and Katie Riley's 9 and Katie 7 and they go to catholic academy at west buffalo and i live in the same neighborhood as judge Varella on the west side and we were very happy there the children are beautiful okay I could vouch for that ok i will folk such about it that wraps it up for us anything i'm on on your end we got to wrap it up thank you so much for watching this morning and again we'll see you the next time thank you do my global business plan competition 2016 University at Buffalo.