And Now The Letter, Hand Deliverd Last Night To A Local Radio Personality and The District Attorney Himself. Is That Correct? Signed By All Members Of The City Council?
Posted: Thursday, January 20, 2011 12:16 pm
By JOSH MARQUIS For The Daily Astorian
Over the past few years I have become increasingly concerned that drunk driving cases are not being handled fairly and consistently by Astoria's Municipal Court.
Officers from Astoria Police Department have frequently complained that the tickets they write never come to court. The Daily Astorian has documented several cases in which DUIIs have been dismissed for no apparent reason and/or offenders have been offered extraordinarily generous plea bargains that would never be made by the District Attorney’s office.....Read Full Guest Column
Over the past few years I have become increasingly concerned that drunk driving cases are not being handled fairly and consistently by Astoria's Municipal Court.
Officers from Astoria Police Department have frequently complained that the tickets they write never come to court. The Daily Astorian has documented several cases in which DUIIs have been dismissed for no apparent reason and/or offenders have been offered extraordinarily generous plea bargains that would never be made by the District Attorney’s office.....Read Full Guest Column
29 comments:
Perhaps you should also print the City Council's response to Josh's complaints here (it is on the City's web page). It appears to me that the City has answered each of Josh's allegations with much more evidence in favor of rejecting his claims than Josh offered in support of them.
"Equal justice
It shouldn’t matter who you know, or how long you've known them, or how much money you have. “Equal justice under the law” is the most important concept in American justice, and it is the job of the district attorney to seek all means to ensure that it is applied. My concerns are with accountability, not personalities.
We have full-time professional and accountable judges and an appellate process that costs the city taxpayers not one dime extra. The Snow law firm has retired from its role as city attorney and former City Councilor Henningaard has just been appointed to the position. It’s Astoria’s bicentennial year. It’s the right time for Astoria to catch up with 21st-century judicial practices."
Is Astoria Municipal Court meteing out "Equal Justice" and fairly so as is the crux of D.A. Marquis' challenge and can you explain exactly how?
You know that court has always been the "Bastard Child" of ACC and they have never wanted to touch it execise any oversight whatsoever until recently. Why is that I wonder?
You mean the resolution that was re-written by the various defense lawyers (Roman, Kaino, etc) who serve as judge, prosecutor, and defense lawyer in the black hole of DUIIs known as Astoria Municipal Court?
The DA submitted numbers showing the percentage of cases tried, dismissed etc. The City's version is just a rant that never addressed the issue the Daily Astorian has painstakingly documented over the last ten years.
The City has posted its version on the city's website.
The DA gets a chance to rsepond...even if he's not a NBA.
Page 10 thru 13, minutes of October 18, 2010 Astoria City Council meeting
Perhaps Josh should file Bar complaints against those lawyers that are committing violations of the Professional Code of Conduct. Also, maybe he could file criminal charges for the criminal behavior that occurs there. Oh, yes, that is actually his job, isn't it. So, what charges has he filed?
And what would you say if the DA filed criminal charges against people he was publicly in personal conflict with?
Conflict of onterest.
Maybe the city does that but not an ethical prosecutor.
Well, Jann, if Josh's only problem with people in the Astoria Municipal Court is that he is publically in conflict with them, Josh should learn to live with it. He is a politician and he should expect to be in conflict with people who disagree with him, and such people will always exist. However, Josh implies and in some cases states that unethical and criminal things are going on in the Municipal Court and the City Council needs to do something about it. If that is the case, Josh has all the power he needs and also has a professional obligation to take action beyond whining to the Council, Steve Forrester and Tom Bergin. Josh can file charges and make Bar complaints all by himself. Has he not done so because there is no such problem or because he lacks the courage or because he lacks the evidence? The bottom line is that Josh is elected to protect us from evil. He is saying evil exists in our Courthouse. He has great power to attack it. But, he is doing nothing effective about it. We elected Josh and deserve the answer to that question.
So let me get this straight.
If the DA disagrees with, say the City Council and he doesn't like the answer his choices are to charge them with a crime or shut up?
So much for public officials having discussions.
There is something between going to jail for bribery and bad judgment.
Get rid of Marquis. Problem solved.
I think what would trigger any movement from District Attorney Marquis would be a complaint by the citizens of Astoria to look into the ethics and administration of Astoria Municpal Court regardless of his personal views you think?
Afterall he does represent the prosecution of law for the people of the State of Oregon for Clatsop County does he not.
Astoria City Council does offer an opportunity for citizens to bring up issues such as this and demand action> one can also write-in to the Council with views.
The question again...Are we being served with open, transparent and equal justice through Astoria Municipal Court?
Isn't that what Marquis writing about?
Have you sat on Jury Duty at Municipal Court?
I think Anon is correct in suggesting that the DA should pursue other politicians who do not agree with him. Marquis is the guy in charge of law enforcement, including the courts. If he says something is wrong, the other elected officials should have no other choice but to listen to him and do what he says. Obviously, the other way isn't working, at least to Marquis' satisifaction, that is Marquis going to the Council with his grievances against Kris Kaino and Steve Roman, the council telling him he is wrong, both giving Steve Forrester fodder to beat up more politicians, Josh laying back for a while and then attacking again. If the council doesn't bend to his will, this will go on forever.
Could someone please say who those "Astoria police officers" that dislike the municipal court are? I know lots of local cops, none of them seem like shrinking violets unwilling to say what they think and none of them seem more displeased with the municipal court than they are with the circuit court. Anyway, they are unionized and there is no retribution for them speaking their minds. If the DA wants to be believed, using the amorphous "Astoria police officers" to support his opinion doesn't pursuade me he is right. It seems more like he is trying to lay blame for his behavior at the cops feet. As Patrick McGee is fond of saying, let's put names on this.
Anonymous said...
"Could someone please say who those "Astoria police officers" that dislike the municipal court are?.....It seems more like he is trying to lay blame for his behavior at the cops feet. As Patrick McGee is fond of saying, let's put names on this."
Perhaps to legitimize your point why don't we start with you putting your name on your post?
Ah, no, Patrick. I'm not an elected official and, as everything regarding this issue with the District Attorney shows, it is just too dangerous to become exposed. I certainly don't want Josh Marquis, Kris Kaino, Steve Roman or Steve Forrester or their cronies to come looking for me.
Anonymous said...
Ah, no, Patrick. I'm not an elected official and, as everything regarding this issue with the District Attorney shows, it is just too dangerous to become exposed. I certainly don't want Josh Marquis, Kris Kaino, Steve Roman or Steve Forrester or their cronies to come looking for me.
So, because of all that assumed accumulated power, you fear these people and are afraid to stand-up against them as a stakeholder and citizen of this community, under your own name?
So, why waste all this rhetoric when it makes not one iota of difference then in the debate?
Ever wonder why you can use their names as your target of criticism while you still lurk in the shadow of anonymity?
Do you actually believe your voice will be heard?
The answer simply, is no.
Yes, Patrick, I think anonymous debate counts. First, because many people realize the information in the debate is more important than the person who delivers it. After all, does not the US spend lots of time and money protecting the views little people who have no voice in the majority and whom no one knows? Secondly, many people just don't care who delivers the message and realize the reasons for how cowardly we have become. After all, in all frankness, you put your name on everything and you are the most hated man I have ever heard of in this town. You seem less effective than others just because anything with your name attached to it is simply rejected out of hand.
Anonymous said...
"Yes, Patrick, I think anonymous debate counts.......After all, in all frankness, you put your name on everything and you are the most hated man I have ever heard of in this town. You seem less effective than others just because anything with your name attached to it is simply rejected out of hand."
Ironically to parpaphrase one of those that you allude to forcing you into "Anonymity", Clatsop County District Attorney, Josh Maquis "50% of the people support and agree with what I do and 50% don't" I guess Marquis' record will show a more accurate statistic.
I guess it goes with the territory when one tries to, in the public debate, be accountable for what they say or, as well, serve the public.
Yes, Patrick, Josh can say anything he wants about his support and, as long as he gets elected, he must be right. He has no data to back up his claim, other than the election, but he really doesn't need any. He's elected. And, of course, once he is not elected, no one will pay any attention to him anyway. Likewise, the idea of being accountable for one's opinion is honorable and I commend you for being accountable for yours. You certainly pay the price. Another case, however, is that the idea of debate is to gleen new ideas that will move things forward. The source of the ideas being much less important than the idea itself. You seem to disagree with this, but it will continue to exist as long as anonymous sources are allowed. Considering that you castigate those who do not identify themselves, I am surprised that you do not require positive identification for comments. But, as long as your rules allow....
You should read the report the DA provided including the statistics the City Counsil, and it's many staff have never rebutted.
If the statistics were wrong with all the huffing and puffing, we'd expect them to produce something other than another "aren't we marvelous" document.
Why not ask Astoria citzens at the next election where they want DUIIs prosecuted?
Local LE said...
"You should read the report the DA provided including the statistics the City Counsil, and it's many staff have never rebutted.
If the statistics were wrong with all the huffing and puffing, we'd expect them to produce something other than another "aren't we marvelous" document.
Why not ask Astoria citzens at the next election where they want DUIIs prosecuted?"
Bingo!
Anonymous but, with a viable suggestion for a solution and one decided by the right people, the citizens of astoria, and one that would likely settle the debate.
Marquis has very little, if any at all, support from the local community. Public or private.
Anonymous said...
"Marquis has very little, if any at all, support from the local community. Public or private."
Wishful thinking on your part or do you have some statistic to prove that out?
Seems to me he has ample support and has so, for what is it now....going on 16 years?
Or do you just mean this current issue with CofA/Municipal Court versus the D.A./Circuit Court DUII prosecutions?
Seems again the two sides have had their say but, have the citizens of Astoria had theirs?
I think not. Why don't we gove them the opportunity to have their say?
Ah, comeon Patrick, you think just because no one has challanged Josh he must be popular? Let's look at who wants the job. What lawyer in town wants to work for only $100,000 while putting up with all the crap from everyone? No one. That is the problem with electing professional employees. We get someone who is willing to occupy the chair and who will remain in their position for life simply because no one else wants the job. Josh can do his dance forever as long as we people in the boondocks are willing to accept anything we can get. Get real!! As for the people voting on what they want the municipal court to do: sure, as long as they also get to vote for building codes and building permits and who is allowed to design buildings. Want a pure democracy? Willing to suffer the consequences to your job.
Josh's challengers are an issue for the next election really and you just perpetuate the mystery as to why he is so successful. the issue here is Astoria Municpal Court and who should prosecute DUII's isn't it? Martquis has his position, Willis and colleagues have their position but the people both serve in reality have yet to speak on it. The question is..."How can they best be served?"
I remember specific criticism against Astoria City Council's purposeful ignorance of anything having to do with AMC and refusal to participate in their required oversight of that function in City Government and now they want to offer postion opinions and findings on DUII presecution?
I think this issue is far from being settled and I believe to public will weigh-in on it eventually, forcing the issue to a vote
So the DA isn't worth crap because he only makes $100,000 a year?And the 7000 voters who keep electing him means nothing?
Where is YOUR evidence that the public does not support the DA. The Letters to the editor certainly don't bear that out.
So are out judges all crap because they only get $114,000 a year??
The City answered absolutely nothing.
They never addressed the fact that ONLY Astoria has defense lawyers as judges and defense attorneys and no proof AT ALL the City MAKES money off DUIIS,
What about all the DUIIs the various council members and their families have racked up?
"And Now The Letter, Hand Deliverd Last Night To A Local Radio Personality and The District Attorney Himself. Is That Correct? Signed By All Members Of The City Council?"
What is it you call it McGee, "The Billy Bob Star Chamber" at its best?
The end result a "The Van Dusen Coffee Klatch" gathering?
The "County Nabobs" circling the wagons?
Come on, we know it's coming, which one is it?
And his next campaign of community discontent is on! Enjoyed the comment re: letters to the editor, of course they are positive letters, gee I wonder why.
What I fear most is "The Ward Watchers" from the Tom Potter, Bob Heilmann days resurfacing to start harassing city council about this crap.
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