Tuesday, November 08, 2011
City Of Astoria Responds To Clatsop District Attorney's Office DUII Lawsuit By Asking Clatsop Circuit Court To Dismiss.
Citing the Clatsop County District Attorney's Office lacks standing over the State of Oregon, Astoria City Attorney Blair Henningsgaard has filed a motion to dismiss the DUII lawsuit against the city by District Attorney Josh Marquis.
The lawsuit was filed in September by Oregon Attorney General John Kroger on behalf of Marquis, claiming the city needs to turn over the cases to Circuit Court and cease handling misdemeanor DUIIs in Municipal Court.
This is ORS 8.660 that clearly states the position of a County District Attorney. Use This Law in Balance with your reading City of Astoria's "Dismiss Motion" in shaping your thinking
Attending court and prosecuting offenses
(1) The district attorney shall attend the terms of all courts having jurisdiction of public offenses within the district attorney’s county, and, except as otherwise provided in this section, conduct, on behalf of the state, all prosecutions for such offenses therein.
(2) A district attorney shall not conduct prosecutions under this section when:
(a) A city attorney is prosecuting a violation under ORS chapter 153;
or (b) The district attorney is prohibited from appearing in a violation proceeding under the provisions of ORS 153.076 (Conduct of trial). [Amended by 1975 c.451 §170; 1981 c.626 §1; 1981 c.692 §6a; 1999 c.1051 §116]