Martin V. Saffer, Pocahontas County Commissioner
 
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Cameras in Durbin Magistrate Court

Author Message
Martin Saffer
Oct 7, 2011
9:40 am
Cameras in Durbin Magistrate Court

I understand that cameras have been installed in the Durbin Magistrate Court. I have called to Administrative Office of the WV Supreme Court of Appeals to ask about this. The County Commission was not advised about this ahead of time. More importantly I think such actions, which I assume have to do with safety, may be outweighed by concerns for privacy in the Court Room between attorney and client and between Magistrate and members of the public who may wish to consult concerning domestic violence or child abuse etc. The Magistrate Office has "panic buttons" which connect directly to 911; these provide assurances of safety. Video and audio feeds from the entire building, are, to me, excessive and moreover invasive of some degree of expectations of confidence and privacy.

freeholder
Oct 7, 2011
10:07 am
Re: Cameras in Durbin Magistrate Court

Had the un-incorporation of Durbin succeeded there would have been funds available to install security cameras where they are needed:in high crime areas such as those where breaking and entering and theft occur.Instead , the town will continue to pay $500 .00 a month for unneeded,street lights which do not prevent crime, and probably encourage it.Frank, Bartow and GreenBank have no street lights but have a lower incidence of crime than does Durbin.

Joe Ferretti
Oct 7, 2011
10:21 am
Re: Cameras in Durbin Magistrate Court

Was the installation of cameras approved by the West Virginia Supreme Court of Appeals?

normanalderman
Oct 7, 2011
12:09 pm
Re: Cameras in Durbin Magistrate Court

I am so happy that Marty picked up on this. In fact, it would have been common courtesy to inform the CC "before" installing the cameras. After all it is they who will be sued for violation of civil rights. Please do not make the assumption that it is for safety. They have the "panic" buttons for that. The audio/video feed is not going to the 911 center but straight into the sheriff's office. It is there to pick up incriminating information that will help them in other drug busts, etc. It also is a violation of the attorney client confidentialty provisions of law. We understand that they have been ordered to be removed by next week (the audio section) You should note that these cameras have a built-in audio which will be difficult if not impossible to disable on its own.

Victims of local law enforcement will want to ask themselves how much have the cops already heard and what will they do with the information. They will want to ask their friends if they have witnessed any info being used them in court that could have come from the audio tapes.

Furthermore, what domestic and child security matters have been discussed which have been tape recorded and used against the victims. It is absolutely illegal to audio record the premises without warning or at least a court order. It will be interesting to see which magistrate (or judge) signed that court order.

Then there are the medical issues of having devices like this in use without warning to those who have pacemakers and delicate electronic devices. The papers carried a recent story about people living in the upper end who are hypersensitive to electronic devices.

Marty, needs to do something about this. The question is sound: What did you know and when did you know it?

Martin Saffer
Oct 11, 2011
8:42 am
Re: Cameras in Durbin Magistrate Court

I received a call this morning from the Administrative Office of the WV Supreme Court in charge of Magistrate Courts. I was advised that these cameras were put in by the Sheriff who said the Commission did not approve the expenditure. This issue was not presented to the Commission. The Administrative Office wanted the cameras removed, but Judge Pomponio has ordered that they remain.

normanalderman
Oct 12, 2011
4:33 pm
Re: Cameras in Durbin Magistrate Court

So who is the boss here: Judge Pomponio or the WV Supreme Court!

Where did the money come from?
Was it authorized?
Who authorized it?

Joe Ferretti
Oct 12, 2011
4:58 pm
Re: Cameras in Durbin Magistrate Court

Sounds like it is time for a mandamus order from the Supreme Court ordering their removal. The administration of the magistrate courts in this state are the province of the S. Ct. Any judge or other elected or appointed official in violation of Court directives can be held in contempt.

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