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San Joaquin County budget cuts: Some suspects may not be prosecuted

By Ross Farrow
News-Sentinel Staff Writer
Tuesday, June 23, 2009 6:57 AM PDT

Residents in unincorporated San Joaquin County should get the same level of sheriff's protection that they've been receiving, but prosecuting suspects once they're arrested could become a serious problem.

The county District Attorney's Office, which is responsible for prosecuting suspects and trying to get them convicted, faces massive layoffs that will force the department to make it easier on suspects.

With the layoff of a dozen deputy district attorneys proposed by county administrators, the DA's office stand to stop prosecuting some cases involving auto burglaries, prostitution, vandalism, graffiti, trespassing, petty theft and minor drug possession, according to the county budget.

That means the misdemeanor cases that would continue to be prosecuted are domestic violence, driving under the influence, and firearms cases directly affecting public safety, according to the budget proposal.

Officials from the District Attorney's Office weren't available for comment Monday.

The Board of Supervisors will conduct budget hearings on Wednesday in Stockton for the sheriff's, district attorney, courts and related agencies.

The Sheriff's Department will not face the budget crunch that the district attorney's office will, but 43 vacant positions in the sheriff's department will not be filled.

County budget hearings

The San Joaquin County Board of Supervisors will conduct budget hearings beginning at 1:30 p.m. today and continue on Wednesday and Thursday.

Hearing for the "law and justice" budgets, which include the sheriff's, coroner's and district attorney's offices and the probation department, are scheduled for the morning agenda on Wednesday, but it could be extended to the 1:30 p.m. calendar.

The hearings will also cover the budgets for the County Administrator's Office, Human Resources, Registrar of Voters, Animal Control, Community Development, Public Works, Parks and Recreation, county library and other services.

Hearings will begin at 9 a.m. Wednesday at the county courthouse, 222 E. Weber Ave., seventh floor, Stockton.

At 1:30 p.m., the Board of Supervisors is scheduled to conduct budget hearings on Health Services and Human Services.

For more information, call 468-3113.

Source: San Joaquin County

Law and justice budget at a glance

Figures include salary increases and benefits cost to the county for 3.5 percent raise that was previously negotiated by their labor union.

Sheriff's Department (includes coroner, public administrator)
Salary/benefit increase: $6,303,620
Layoffs: None.
Vacant positions: 53
Positions that won't be replaced in 2009-10: 43
Savings: $1.5 million

District Attorney
Salary/benefit increase: $1,980,867
Positions eliminated: 29
Already vacant: 15
Layoffs: 12 deputy district attorneys and two office assistants.
Savings: $783,447

Probation
Raises/salary increase: $1,057,402
Positions eliminated: 21.8 full-time equivalent
Already vacant: 16
Savings: $311,676

Public defender
Raises/salary increases: $517,588
Positions eliminated: 8, plus extra help
Already vacant: 4
Savings: $799,264

Source: San Joaquin County

County Sheriff Steve Moore began trimming his budget last year, resulting in 17 deputies who were not replaced, lower priority for cold cases, prioritizing criminal warrants, background and security checks, reduced monitoring of inmates and inmate labor, and fewer employees available to move inmates to another location.

That reduction in service will continue unless the Sheriff's Department receives state or federal grants to retain all or some of the lost positions. Sheriff Steve Moore has applied for $22.9 million of federal stimulus funds, and state grant applications totaling $435,000.

There will be no layoffs in the sheriff's department, Moore said.

Sixty layoffs have been tentatively penciled into the county budget because of a $20.6 million salary increase and benefit adjustment that the county previously negotiated with county employees, according to County Administrator Manuel Lopez.

Had union representatives been willing to accept furloughs and give up the 3.5 percent raise, many of the layoffs could have been avoided, Lopez said.

However, union representatives have accused the county staff of not negotiating in good faith and making unreasonable demands on the union. Employees are willing to take furlough days if it will save jobs, union advocate Bill Petrone said two weeks ago.

Moore said he will ask the Board of Supervisors to reinstate two positions in the Sheriff's Department that are grant-funded — a high-tech crimes officer and an agricultural crimes detective. Moore believes the positions are affordable because the county's share is only $147,000 for the 2009-10 fiscal year.

Moore said that he believes he will be able to continue the current level of service for the fiscal year beginning July 1, but he is more concerned about the 2010-11 fiscal year.

The Sheriff's Department has 81 deputies, more than in the past 10 years, Moore said.

In the Public Defender's Office, the budget cuts could affect its ability to accept new cases involving death penalty prosecutions, according to the proposed budget. New death penalty cases may have to be transferred to Lawyer Referral Service, the county's contracted provider for legal service in conflict-of-interest cases.

Contact reporter Ross Farrow at rossf@lodinews.com.

Reader Feedback

beentheredonethat wrote on Jun 23, 2009 7:50 PM:

" Readers need to make sure they get the facts right. The County has the SAME number of cases to prosecute annually as ALAMEDA. ALAMEDA has twice as many residents - and hello, Oakland?!! Unless criminals are motivated to leave San Joaquin County, these numbers will get worse. And frankly, the way we are cutting sheriff, police and now the DAs - why would a criminal want to go anywhere else????? WAKE UP!!!!!! "

classof72 wrote on Jun 23, 2009 3:07 PM:

" T&c
IF employers all pay a fair wage, then make the requirement that all goods and services bought in america must come from america; no more walmarts "

T & C wrote on Jun 23, 2009 11:06 AM:

" Mazie, If Obama passed a Law that FUNDS could NOY be sent to Mexico, two positive things would happen for the American Economy: First.... many illegals would return to Mexico, and employers would be forced to pay a FAIR wage for a days work. Second, those illegals who did STAY in America, would spend their money in AMERICA helping (OUR) economy, not Mexico's! But we both know Obama will NOT pass such a law. Illegals who have NO RIGHT to be in America have more rights then you or I do! But any of you ILLEGAL sympathizers, try to illegally enter Mexico and see how much PRISON TIME and BEATINGS you get! "

T & C wrote on Jun 23, 2009 11:02 AM:

" Does anyone wonder why Criminals DO NOT FEAR getting caught? "

DoinStuff wrote on Jun 23, 2009 10:50 AM:

" This is a significant issue that everyone should be concerned about. We elect the District Attorney (Currently Mr. Willlett) to prosecute all criminal offenders for which there is enough evidence to support a conviction. Per the District Attorney's website, "The District Attorney is the chief law enforcement officer for the county and his staff works with local and state police agencies to investigate and prosecute those who are accused of breaking the law and threatening public safety." Maybe a disclaimer should be added to this statement.

Our District Attorney has a duty to the public to review and prosecute all crimes, ignoring some misdemeanors due to budget constraints is borderline unethical, and endangers the public. There are numerous appellate court cases describing the duty of the District Attorney. As far back as 1889, in Appeal of Nicely, 18 A. 737, “ ...it is as much the duty of the district attorney to see that no innocent man suffers as it is to see that no guilty man escapes." In 1967 Justice White stated “Law enforcement officers have the obligation to convict the guilty..." in U.S. v. Wade.

Also see: http://cbs5.com/crime/misdemeanor.prosecution.crimes.2.993942.html "

DeputyChief wrote on Jun 23, 2009 8:35 AM:

" I wonder what happened to the full report that Sheriff Moore promised to provide the public (in the name of transparancy) regarding the courthouse security issues.

Prosecutors are necessary to hold these criminals accountable for ALL crimes and the court needs to sanction them accordingly. Laying off prosecutors is irresponsible and would be a detriment to the community. "

Mazie wrote on Jun 23, 2009 5:43 AM:

" They are going to stop prosecuting people for certain crimes BUT Heaven forbid we cut free services off for illegals. Actual U.S. citizens are losing their jobs but HEY who cares? At least the illegals and welfare rats get their money. This is BULL. Our seniors who have worked all their lives in the U.S. cannot afford to pay their utilities BUT THE LOSER ILLEGALS AND WELFARE MAMMAS ARE LIVING FOR FREE!!! Cut them off and they will leave our country. "

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