QRDINANCE NUMBER Genera) Fund Budget Creation Qf Assistant District Attorney Position For Juvenile Casework

Transcription

1 QRDINANCE NUMBER Genera) Fund Budget Creation Qf Assistant District Attorney Position For Juvenile Casework BE IT ENACTED by the County Council of the County of Erie pursuant to Article II Sections 3B (1) and 3B (2)(d) of the Erie County Home Rule Charter that this 2013 General Fund Budget creation of Assistant District Attorney Position for juvenile casework is hereby approved as outlined on the attached Exhibit A. This ordinance shall be effective immediately upon adoption. COUNTY COUNCIL OF THE COUNTY OF ERIE, PENNSYLVANIA Date: August 13, 2013 Ronald G. Cleaver, Vice Chairman Approved by: ~a~ County Executive Date: ~ \ I$l13

2 Exhibit A 2013 General Fund Budget Creation Of Assistant District Attorney Position For Juvenile Casework 2013 Annual Hourly Title Grade Position Number Wages Salary Rate Assistant District Attorney P IV ,943 41,

3 ROBERT A. SAMBROAK, JR. Fint Assist4fIt District Attorney ELIZABETH A. H1RZ Chief/JepIIty ljistrii:tattot'lle)' LARRY I. DOMBROWSKI Cine!COIIIIIy ljetectifle ColIfIIy ljetectif;es GREGORYT. ACRI JACKDANERI AssisumtlJistrii:t A1torneys BRIAN ARROWSMITH ROGER M BAUER BRANDON BINGLE MICHAEL E. BURNS ERIN C. CONNELLY MATTHEW CULLEN USA R FERRICK BRIAN KROWICKI CARRIE C. MUNSEE MATIHEW I. BENACCI DistrictAtto17U!Y ofede County JUSTIN PANIGHETTI ANTHONY J. BOZICH JON E. REDDINGER, SR Erie County COllrthollSe MARK W. RICHMOND MARK ROSENTHAL Erie, Pennsylvania JOSEPH J. SPUSTA Telephone: FAX:' JENNIFER I. RUNSTEDLER August 1,2013 NATHANIEL STRASSER Barry Grossman, County Executive Joe Giles, Chairman Erie County Council Council Members: Ronald Cleaver Edward DiMattio Kyle Foust Phil Fatica Fiore Leone Carol Loll Re: 2014 Budget Request/or Additional Juvenile Prosecutor Dear Mr. Grossman and Council Members: As we prepare our budget for next year, I want to not only present financial highlights of 2013, but to alert you of my intention to request your approval for an additional assistant district attorney position. Because this is of primary importance, the basis for my request will be immediately below, followed by the 2013 review. As you are aware, in the Luzerne County "Kids for Cash" scandal, first uncovered in 2007, juveniles were sent to detention centers (juvy jails) in violation of their constitutional and civil rights. In a nutshell, these rights were infringed upon, in part by the absence of counsel (defense and prosecution) from court proceedings in which judges ultimately ordered the juvenile sent to a detention center. The judges' motive was pure greed. As co-owners of the detention center, they profited from the more than 2,500 juvenile defendants sent there between 2003 and The notion that juvenile criminal matters were insignificant or worthy of little attention allowed all parties prosecutor, defense counsel, probation, children services - to be less engaged in such matters, trusting the judges to dispense justice fairly. 1

4 Finding a great need to not only reform the Pennsylvania Juvenile Justice system, but also emphasize its importance, the Interbranch Commission on Juvenile Justice was created in light ofthe Luzerne County Scandal, in 2009 by an act ofthe General Assembly with the support of the Governor and the Supreme Court. In May of2010, the Commission produced its comprehensive report stressing the need for change in the Pennsylvania Juvenile Court system; not only its laws and procedures, but also how prosecution is viewed. That is, the Commission included recommendations as to the District Attorney's role regarding Juvenile offenders. As to that role, the Commission found prosecutors' attention and focus given adult criminal court must not differ from the attention the District Attorney gives juvenile court. 1 With amendments to both the Juvenile Act and the Pennsylvania Rules of Juvenile Court Procedure, prosecutors must now be at all Detention Hearings, Admission Hearings (Plea Hearings), and Dispositional Hearings (Sentencings). In Erie County, one prosecutor is assigned all Juvenile cases. 2 In 2011, 1,064 dockets were filed in Erie County's Juvenile Court. 3 The Juvenile prosecutor averages 8 Admission Hearings and 7 Dispositional Hearings per week. 4 These numbers do not reflect allotted time for Trials, Arraignments, Certification Hearings, Act 21 Hearings, and pre-trial omnibus hearings. 5 The victims ofjuvenile crime are no different than victims ofadult crime. Recognizing that juveniles are impetuous and immature, and prone to do stupid things, when a crime is committed, the District Attorney's Office will not look into the eyes ofour victims and tell them there is a different kind ofjustice for them. The Juvenile Prosecutor has a role to play outside the courtroom preparing victims for their cases. The time to work up a case, interview witnesses and victims is the same regardless ofthe age ofthe offender. In fact, juvenile cases proceed at 10 times the pace as adult cases (what may take 10 months in adult court from arrest to disposition, will often take place in 1 month in juvenile court). In light ofthis, the time 1 The Pennsylvania District Attorney Association's Standards to Juvenile Prosecutors echoes this position stating, Juvenile Court.!!l!!H be a top priority. Further, the Crime Victim Rights Act, demands a vigorous prosecutorial presence in any case involving victims, regardless of offender's age. See, 18 P.S (2). 2 Note, while there is only 1 prosecutor in juvenile court, Erie County has assigned 3 Common Pleas Court Judges and 1 Juvenile Master to preside over Juvenile Cases. The County has also assigned 6 defense attorneys (2 fulltime public defenders and 4 outside counsel) to litigate on behalf of the Juvenile Offenders - this does not account for privately-retained counsel. The County currently employs approximately 47 Juvenile Probation Officers to handle juvenile cases suited for probation. 3 1n 2012, Erie County had 3,173 adult cases split between 14 prosecutors for an average of 226 each. 4 With Admission and Dispositional Hearings lasting anywhere from a scheduled 15 to unscheduled 30 minutes, this requires Erie County's sole juvenile prosecutor to spend roughly 4 to 8 hours in a courtroom for Pleas and Sentencings alone. 5 The Juvenile Prosecutor was scheduled to litigate, and therefore prepare, 127 Trials in 2012 (127 per prosecutor). The adult prosecutors were scheduled to litigate, and therefore prepare for, 237 Trials in 2012 (16 per prosecutor). 2

5 constraints on the County's juvenile prosecutor are arguable greater than that ofan adult prosecutor. As an aside, I have attached for you the Pennsylvania District Attorney Association's personnel/case load statistics of2011 for counties ofthe 3 rd class. As seen, Erie County is significantly low in the attorney/caseload ratio. While we could no doubt use a few more ADAs in adult court, I am mindful ofthe County's constraints in granting such a request. I point this out only to rebut suggestion that we could solve the predicament by assigning another adult court prosecutor to juvenile court. From a sheer numbers view, a single ADA cannot continue to handle the entire juvenile criminal caseload. He cannot be in more than one courtroom or hearing or interview at a time, which is what the new rules require of him. I have met with Common Pleas Judges John J. Trucilla, John A. Bozza, and Daniel 1. Brabender, Jr., who handle juvenile court matters. Each fully support my request to you. I must respectfully state that time is now ofthe essence. The number ofhearings will not decrease. Scheduling problems will not dissipate either. Rather than continue on paper here, I would like to briefly meet with each ofyou to address concerns/questions, as well as to offer further argument in support ofmy request. It is my hope to secure an informal approval so that I may begin searching for a qualified candidate. As for 2013, our office continues its efforts to reduce and control expenses where we can, while balancing the need for effective prosecutions. We deferred hiring a support staff replacement from January 11,2013 through June 3, A disbursement savings of$ii, resulted. We have deferred replacing an assistant district attorney since May 31,2013, however, one will be hired by September 1,2013. A disbursement savings of $14, has been realized to date. Because a new hire will be paid entry level salary, a disbursement savings of $4, will be realized from September 1, 2013 through December 31, 2013, excepting mandated pay increases. Additionally, our attorneys litigated several matters in Federal Court in which I, or my office was the named defendant. As you know, past practice had either County Solicitors or private law firms responsible for such work. In assuming these cases, our attorneys periodically set aside their regular work. Most noteworthy however, was the claim for attorney's fees submitted by the private:firm (Jones Day) representing the Plaintiff in one ofthese lawsuits in excess of $100, Clearly, had Erie County referred just one ofthese cases to its privately retained firm (Marshall, Dennehey, et al), a substantial invoice would accrue. Had we not successfully resolved that case, the Plaintiff's attorney's fees may also have been in line for payment by Erie County. 3

6 Finally, as in past years, I have returned a portion ofmy salary (after taxes) to the county general fund, taking no more of a percentage wage increase than other county employees. For the year 2013, the amount returned is $5,925.14, which represents more than 10% ofthe salary for which Erie County is responsible. Thank you for taking the time herein. I look forward to speaking with each ofyou soon. Please feel free to call with any questions. Sincerely, JD:jls cc: Doug Smith, Clerk Erie County Council 4

7 ADA POSITIONS AND CASE LOADS IN COUNTIES OF THE THIRD CLASS i COUNTY #OF 2011 CRIM ADA'S CASE JUVENILE I. CRIMINAL FIT PIT FILINGS FILINGS : HOMICIDES Berks 31 o Chester 36 o Cumberland* I Dauphin 24 o i 12 Erie 14 o Lackawanna* Lancaster Lehigh /total available. Luzerne Northampton 13 7 I Westmoreland* York 25 o J * No Response