Middletown to Share Municipal Court With Portsmouth

Middletown Council members voted on Monday night to support the concept of sharing Middletown's municipal court with the Town of Portsmouth as a cost-saving move for both communities.

The measure in Middletown was approved in a 4-0 vote following a brief, but enthusiastic, discussion. Absent from Monday’s meeting were councilors Richard Cambra, Ed Silveira and Bruce Long.

In a letter to the Town Council dated May 3, Town Administrator Shawn Brown sought support from the council as administrators and staff from both towns begin to invest more time into figuring out the finer details and finances for sharing the municipal service.

“Pending further review by both the Towns of Portsmouth and Middletown, it appears that use of the Middletown Municipal Court for the adjudication of Portsmouth matters will present several advantages to the communities,” Brown wrote to the Middletown Council. “The shared costs will potentially save money for both Towns with Middletown receiving reimbursement for the use of its Court and Portsmouth gaining access to a Municipal Court.”

Brown noted that Portsmouth would utilize the court to prosecute violations of enforcements matters related to zoning, housing codes, Harbormaster, Animal Control Division, parking, noise ordinance and other municipal violations.

Middletown's municipal court has been self-supporting since its establishment, even turning a small profit each year, and prosecutes similar matters within its municipal court, as well as violations related to underage drinking and the town’s Social Host Ordinance.

Brown’s letter to the council also noted, “The Middletown Municipal Court appears to have the potential of handling additional matters without compromising the services it provides the residents of Middletown and it can satisfy the needs of Portsmouth residents in a more effective manner than that which would be provided by a separate Portsmouth Municipal Court.”

Currently, all Portsmouth offenses have to go through Second District Court, even the most minor, such as violating a zoning ordinance.

Last week, Portsmouth's Town Council voted 5-2 to pursue the joint court system. Two council members objected because they had wanted to see more information about costs before proceeding.

Town Solicitor Michael W. Miller on Monday night advised the town council to vote only to approve the concept at this time, as the two towns solidify the finer details for both town councils to later approve. Brown's letter indicated he was requesting the council's support at this time before investing further man hours from staff as the two towns figure out the structure and related costs.

The final regionalized court system also would require authorization from the state General Assembly.

Enabling legislation would be needed to authorize the Town of Portsmouth to set up a municipal court, as well as authorize Middletown to use its municipal court for Portsmouth’s cases, according to Brown’s letter.

The two towns would be the first in the state to share a municipal court system.

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