"What you have in front of you is a House Bill, a proposed House Bill, filed by Representative Debbie Boone, one of the two State Reps in my county, at my request. Then, right underneath it, are the statutes which it affects. Attached to that, in turn, is a packet of information which will tell you why the bill is necessary.3025 on its face is frankly something of a housekeeping bill. It relates to 8.660 which goes to the authority of District Attorneys, and the issue is where is the authority of the Municipal Court prosecutor versus the authority of the District Attorney.".......Read Full Transcript Oregon Attorney General/Department Of Justice Presents An Opinion On The Authority of District Attorney To Transfer Municipal DUII Prosecution To Circuit Court....."we are prepared to argue that the district attorney's authority is primary in situations where the city attorney may have concurrent jurisdiction(such as misdemeanor DUII prosecutions in municipal court)."
29 comments:
Which means the District Attorney has jurisdiction in any cases he wants? So, let's get rid of municipal courts and Justice of the Peace courts so the 36 DAs can do their dance. Whatever, let's get this thing done. It is a simple legal thing.
Its way past time for Marquis to go someplace else and give the residents of Clatsop County some respite from that smarmy sleazeball, Marquis
Don't like the law....huh?
I am all for the law being fair for all those involved. I wonder if our Mayor who has had 3 DUII's would have fared as well in District Court? It is embarrassing to be in a city that re-elects a person who has repeatingly broken the law. There is too much self serving in Astoria. I am for a united government here. Personally, I am ashamed to be a member of such an unsophisticated and uninformed community.
Yeah, we liked the good old days when the friends of friends ran things.
Read the transcript NOT what the DA says but what police trainers from outside Astoria said about Astoria's reputation for giving "special treatment" to certain people. Here is what the State Police DUII Training chief told the DUII Commission on February....
DAVID WEBSTER:: Yeah. I can tell you from my trainings around the state that there is a great deal of dissatisfaction among the officers with the Astoria Police Department with the way the prosecution of DUIIs is done there. Their feeling is that they continue to arrest offenders, which is a testament to their dedication as officers, but they feel pretty certain that once the offender is arrested that the consequences just don’t happen when they get to court because they’re forced to go to their Municipal Court. And the concern that I think this committee would have is not so much that this is happening in Astoria. It’s the fact that this can happen in Astoria or it can happen anywhere in the state. And if we get to the point where officers don’t feel like prosecutions are occurring, some officers will stop enforcing DUII laws, and I think that’s my main concern for this Committee’s part in this.
You didn't read this one in the Daily A.
And, Patrick, do you have the transcript of what the city officials had to say? The Daily A just did the usual summary.
Three comments about the quote from David Webster;
Did he ever send a DUII case to the Municipal Court or is he just repeating the comments of some police officers, and, if so, how many officers?
Are there actually places where the police agree with all the decisions of the prosecutor to file or not, and of the judge to find guilty or not? I have never heard of them and would like to know where they are.
Finally, if the city sends cases to the DA, what happens to them? Is there a study that shows how many DUII cases were sent to Josh by the police and how many were actually prosecuted? Answer: no.
It would be good if some facts became present here rather than the decision simply being an emotional experience, like former everything and successful at nothing Greg Walker is trying to make it.
The City of Astoria had plenty of notice of the Feb 11 meeting of the Governor's DUII Committee. They chose NOT to attend which is why there is nothing from them in that transcript.
If you want to hear their version of what they told the LEGISLATURE click on that link.
BTW, they've changed their mind about Muni Court making money. They told the legislature it was a wash financially at best.
Listen and make your own decision.
When cases go to Circuit Court they get tried. The report the DA turned in showed 0 DUII trials in 2008 in Muni Court and 17 DUII trials in 2008 in Circuit...13 guilty verdicts and 4 not guilty.
Although the City went to great lengths to attack the report they never attacked the stats or proovided their own version (pretty simple to do since it is THEIR court and it was just ONE year)
Interesting COP. from your "data" law enforcement was wrong about whether or not a driver was DUII nearly 25% of the time. This means that 25% of people stopped by the cops for some driving violation and charged with DUII were arrested, jailed, bailed out and innocent. With all the science in this area of law enforcement, how could that happen, COP? Is it incompetent law enforcement or is it that the DA can't make 25% of the good cases? There are no other options.
And, could it be that the Astoria Police did such a good job that everyone arrested for DUII in 2008 simply pled guilty and did not go to trial?
Frankly, if you are or were a cop, you should ask DPSST for your money back.
"Anonymous said...
And, Patrick, do you have the transcript of what the city officials had to say? The Daily A just did the usual summary.
9:14 AM"
Astoria City Council Web Site - Agenda/Minutes would be the place to look. You just need to know the date of the meeting of which you desire to read that "Transcript of Proceedings".
No, it means a jury decided 25% of the time the prosecution had not proved it's case. Most DUIIs that go to trial are "refusals" - experienced drunk drivers that know they don't have to talk ot blow into the machine. They are tough cases to win and a 75% conviction rate at trial is pretty good.
Only in China do you get a 99% conviction rate.
Of course the Muni Court never has had an appeal so we don't know if the defense always wins or what
With cameras in the patrol cars to record the suspect's driving as well as the roadside sobriety test, personal recorders on the officers to record the suspect's statements and the observations of trained police officers, you mean to say that even without a breathilizer test the prosecutor can't decide whether or he will win the case based on the evidence? So, 25% of the time, the suspect is not guilty?
No, the reason these bad 25% get to court is simply because the prosecutor does not look at the case until he walks into the courtroom. Then, he just tries to bullshit his way through a case that should never have gone to trial, or he gets whipped by Steve Roman.
That these are tough cases and a 75% conviction rate is good, sounds like a justification for keeping the Astoria Municipal Court, since it has a higher conviction rate than that.
As far as appeals are concerned, how many DUII cases he has lost has the DA appealed? None. Josh doesn't appeal those either.
Actually, there are many countries besides China where a 99% conviction rate exists.
Please show us how many DUII cases were actually tried in Muni Court.
And in case you missed the whole point of the City Council's testimony, since Astoria Muni Court is NOT a court of record.
That means you get a de novo review or whole NEW trial if you want one in Circuit Court.
Only there hasn't been an appeal from Muni Court which means there are either no trials or everyone there is happy being convicted or the prosecutors never appeals (which is what was said a few years back because it "cost too much")
Just what I mean. The legislature should get rid of municipal courts period. They are all corrupt. All cases of violations of law, building codes etc should be sent to the DA. After all, the DA is the supreme law enforcement officer in the county and always does the right thing.
No, the DA is just the CHIEF law officer of the county according to the Oregon State Constitution and statute
Chief, Supreme, in Josh's mind its the same thing. However, since he is the CHIEF law enforcement officer in your mind, how about he take some responsibilty for the Sheriff's Department and the other law enforcement agencies when they screw up? So, when there is an illegal arrest or illegal stop, he should raise his hand, say he is responsible and take corrective action. He is the CHIEF after all. When has Marquis done this? NEVER! He can't have it both ways. Either he is in charge and responsible or he is not in charge and not responsible. Which is it Anon?
Actually there is a difference.
The Chief Law ENFORCEMENT Officer of the County is the Sheriff.
Much as he might want it, the DA is NOT the Top Cop and other than murder or child abuse cases he cannot tell the cops what to do in most cases.
Well, then, Cop, what is the Sheriff doing about this? If there is criminal conduct going on in the municipal court, as the DA says, should not the Sheriff investigate? Otherwise, what is the purpose for making the Sheriff the CHIEF law enforcement officer?
That would be the daughter of two prominent local officials.
Lordy!
I don't even want to guess for the fear I might guess it right.
Ah, yes, diverting attention from the issue is truly Astorian. Nice try, apologitist for the Sheriff and DA Marquis.
So, what is the CHIEF law enforcement officer, Sheriff Tom Bergin, doing about District Attorney Marquis allegations that there is criminal conduct occuring in the Astoria Municipal Court? So, far, nothing of course. But, is there a remote possibiltiy that the Sheriff will actually respect his responsibilities and start an investigation... or do something?
Yes,. never mind the children of the rich and powerful in Astoria think drunk driving is a SPORT...a rite of passage for the well-heeled of the community, safe in the warm protection of Muni Court!
And WHO said criminal conduct was going on in Muni Court? Not the DA or the Sheriff.
I agree, the Sheriff has said nothing, as usual, except for his cute quote about Josh offering to dig a ditch. However, the DA has said that the municipal judge was allowing pleas to DUII cases (a crime) and at least implied that the prosecutor and judge are dealing cases improperly (could be crimes). The DA also says that Astoria Police Officers belive there is at least inappropriate conduct going on the the court (could be crimes), although he will not name names. Where is the Sheriff on this? I would think that with something this important, a responsible CHIEF law enforcement officer in the county would at least look into to it.
The DA seems to feel based on the Daily A articles that he needs to have the Attorney General investigate Cindy Howe. Yet, while he continues to alege misconduct in the Astoria municipal court, he has not asked the Attorney General to investigate. Is he that pissed off at Cindy Howe or does his rant against the municipal court lack truth?
So he's damned either way, right?
Yes, Josh has worked himself into a box. If he wants to fight corruption, he must do it in whatever venue it occurs. If he wants to whimp out, he gets to choose his fights. Josh has decided to whimp out. Too bad, because we really need a DA with will keep constant pressure on the good old boys. Too bad for Sheriff Bergin since he has now shown himself to be one of the good old boys.
Time for a clean sweep. If we are going to go after the county commission with a recall vote, let's also go after the DA and Sheriff. Neither are doing their jobs.
Knock yourselves out since somewhat I doubt you ever thought anything was wrong in Astoria Municipal Court.
Ah, you are so wrong. I knew exactly what was happening in Municipal Court.
The please tell us what, if anything, is wrong in Astoria Municipal Court?
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