The Clatsop County District Attorney's Office announced yesterday that Oregon House Bill, HB 3025(Clarifying the authority of Oregon District Attorneys to oversee Municipal/Justice Court cases) has passed by a 34-26 vote.
Both Boone and Witt voted Yes. The bill was "carried" by GOP State Rep. Wally Hicks, a former deputy DA. It is unusual for another rep to offer to carry a bill.
District Attorney Marquis stated that he will continue to educate Oregon Senators about what HB 3025 really does and that it does not abolish or neuter Municpal/Justice Courts.
27 comments:
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It is becoming more and more obvious that Josh Marquis is the premire public official. The cities and everyone else would be better off it they just did whatever Josh wanted. He has proven that he can marshal the legislature to do everyting necessary to ensure his views are upheld. This is an important thing and we should be extemely pleased that we have elected Josh Marquis again and again. Just imagine what the county would be like without Josh, just a dismal corrupt little stop in the road.
Clatsop District Attorney Josh Marquis is in his 5th term(Going on 20 years) and has never been contested has he?
In lieu of your releuctant acceptance and resignation to the condition, I'm curious to see what you interpret in the significance of that "Anonym".
Sorry, Patrick, I don't understand your question. Do you mean the condition that Josh is the premier public official and can marshal powerful influence to get his way? Also, I don't understand what you mean by "I'm curious to see what you interpret in the significance of that". If you mean the significance of the fact that Josh is the premier public official and can marshal power influence to get his way, I would only ask the question: is this what Clatsop County wants it's DA to be spending his time on? If my interpretation of your question is correct, what do you think the DA should be spending his time and our dollars on?
So Marquis is bad because the Attorney General and the majority of the Oregon House of Representatives agree with him and not the childish city councilors?
I think voters want the DA spending his time making sure everyone who should be prosecuted is and with fairness not special treatment.
"Anonymous" says it best "Anonym", Marquis and his office are doing what he does best....prosecuting people within the constraints of his office, the courts and the law is it?
You disagree "Anonym"?
Patrick, I agree completely. A DA should spend his time "prosecuting people within the constraits of his office, the courts and the law." This would mean that he does not spend his time (and the taxpayer's money) trying to make law, trying to organize people around a mission that benefits him, trying to enlarge his empire or doing anything other than what you suggested he should do.
Josh Marquis cannot say he does the former because it is clear from all reports that he spends much of his time doing the latter.
Thank you for clarifying my point.
Please tell us how taking over 50 DUIIs a year (of already 1700 cases) "benefits" Marquis?
How does this "enlarge his empire?"
Makes sure 50 DUII cases get properly and fairly tried is what is does.
The issue is not taking over DUIIs. The issue is allowing the DA to take over any and all cases in municipal court that he wants. If this bill passes, Josh could eliminate municipal courts simply by eliminating the need. He would have all the cases. Thus, since the DA is the pivot point for the justice system and determines which cases go to court and which don't, the county would be dependent on the DA for all justice. Remember Julie Leonhardt? Sorry, folks. It is nice that you want to protect Josh, but you are wrong on this.
Marquis has always had the authority by the same law up for vote in Oregon Senate to take those cases as he sees fit and with few obstacles to do so I believe.
HB3025 simply clarifies the wording of the law doesn't it.
If Marquis has had the ability to take over the municipal cases he wants, why has he not done so and why is he burdening a legislature that has to deal with major budget problems with his power play issue? Common, Patrick, you can't have it both ways. Either Marquis had the power to do what he wanted but lacked the guts, or he is trying to grab more territory. Jeez
Either you are deliberately being dense or.....
Municipal Courts thrive in FOUR other Clastop County cities without any problem. DUII cases make up a tiny and expensive part of what those that choose to handle.
You really want to say the DA doesn't have the "guts" to do this?
He's took on the county commission even after they took away his pay and now he's taken on the corrupt city council who want their drunk friends protected.
BS aside, that is what this is all about.
"Equal Justice" for all with documentation to prove it out?
Anonymous Commenters: Anonymity is great, but let’s get some identities.
HB 3025 is an excellent use of Marquis’ time and taxpayer’s money. If it wasn’t for bull-headed, DUII-enabling city governments, such as Astoria’s, and loophole-using DUII attorneys who get their clients a second bite of the apple in circuit court, Marquis could be doing other things.
It is also fun to see what a burr in the ass Marquis is to dull-witted Marquis-hating Clatsop County residents, especially Astoria’s mayor, councilors, city attorney and city manager.
That HB 3025 should be passed is a no-brainer. It simply clarifies existing law, and permits a district attorney to take control of the investigation and prosecution of any misdemeanor in the county served by that district attorney. It will help curtail abuses of judicial process in municipal courts, and close an existing loophole that allows a defendant to pursue consecutive jury trials for the same offense in municipal court and then in circuit court.
I attended the 3/31/11 House Judiciary Committee public hearing on HB 3025. Marquis, along with many other district attorneys from throughout Oregon and a representative from Mothers Against Drunk Driving made strong, clear and concise arguments in favor of HB 3025.
Astoria's city manager, city attorney, mayor and all the city councilors, while speaking against HB 3025, also made a strong case in favor of HB 3025. Their self-serving testimonies were repetitive, erroneous, contradictory, and embarrassing. Committee members seemed dumbfounded by the comments made by the representatives of Astoria’s city government.
After considering the pros and cons of HB 3025, the House Judiciary Committee voted seven to one in favor of a do-pass recommendation.
At first I was surprised that twenty-six House members voted against HB 3025. It is also scary that these representatives might apply the same judgment to other issues. After reading some of the ignorant comments to this blog and reflecting on Warr’s and Fulio’s dumb and dumber testimonies at the Committee hearing, it is painfully clear that these fuzzy-thinking House members reflect a cross section of Oregonians.
By the way, except for his ass-covering statement issued in the Daily Astorian, Police Chief Curzon appears to be MIA on this issue. In his statement Curzon denied complicity in any corruption and intimidation by the city manager. I doubt Curzon is complicit in any corruption, but maybe he is intimidated by his boss.
Josh didn't have time to prosecute a child abuser before the statute of limitations ran out. Nor a woman who killed her child. Maybe if he focused on the cases he had, he would not need to reach out for more.
And what about the DUII cases from Astoria that were written into Circuit Court, but were then transfered to the municipal court on the motion of the defense attorney? If Josh has the power, he has the power and this would not have happened.
As far as Curzon is concerned, he is the Chief of Police not the City Attorney, Prosecutor or DA. His job is to catch them, not cook them. The police should definately not get involved in the Court process. That would truly be corruption. Curzon is smart keeping his mouth shut.
And, River Bear, you want people to identify themselves. You go first.
No, according to the City of Astoria at the legislature it is the POLICE who decide where prosecutions takes place.
And please tell us the name and date of these cases the DA failed to prosecute, because we otherwise hear about all these over-zealous prosecutions, so which one is it?
Anonymous:
I didn’t suggest that you identify yourself, only that you get an identity other than “Anonymous”. It makes for a better blog.
Please provide a few specifics (names & dates) on the child abuser and woman who killed her child that were not prosecuted by Marquis. I would like to research these.
RiverBear, your orior defenses of the DA and Sheriff make me think that you don't really want to do research, you want to make a defense. However, if you want to do the research, make a public records request for all child abuse cases submitted for the past 10 years and track the results. The records are public, but I don't think Josh will let you have them. Or you can do the same thing with other police agencies, starting with the Astoria Police. Or if you are in that circle, you can some Astoria Police officers who were around during that time.
Good idea on the anon tag.
Charlie: Give me some names and dates. I never defended the sheriff .... what do you mean? Believe me, I am not in any circle with the APD, and am not a Curzon fan.
I sam sick of reading about unsubstantiated attacks on Marguis.
You don't need a public records request for 10 years to know about a woman who killed her child or a child abuser who escaped the statute of limitations.
So just tell us.
You're anonymous......
And Curzon did not keep his mouth shut.
He attacked the DA, buttered up his bosses and worse yet claimed that the working Deputy DAs screwed up cases but now won't say anymore.
He's a short-timer coward sucking up to his bosses who are desperate to keep something covered up.
Enough already folks, this has obviously gone as far as it will go without turning into a pissing match with no resolution.
Back on the substance of the post or drop it and move on.
HB3025 has one more major vote left, in Senate, to become a more clear law than it has been and bolsters, factually, that power of Oregon County D.A.'s to deal with all cases in his/her jurisdiction.
Fail or pass, the law in its original configuration has always put its power at the discretion of the D.A.'s to use, the only niggling question.....why not before now and why go so easy on Astoria Council till this point?
Because it is simply time perhaps?
Have you ever sat on an Astoria Municipal Court Jury? I have.
What was your experience?
Actually, I though the municipal court jury was a lot more efficient than the circuit court jury. But, then, I try to stay objective. What was your opinion of the two different styles, Patrick?
It would be hard to tell because Circuit Courts are courts of record and Municipal Courts are not, so it's near impossible to know what is REALLY going on in Muni Court.
And Willis fought and killed a bill in 2007 that would have made Muni Court a court of record.
Actually, the Astoria municipal court proceedings are recorded so, to find out what happened, you only need to listen to the recordings. Or, of course, even beter, you can attend the court sessions, which is what American citizens who want to know what happens in courts do. All courts are open to the public so I have to ask, Anon, are you new to America?
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