HomeMy WebLinkAboutCOM 0193.017 2006-2008 OFFICE OF THE PROSECUTING ATTORNEY
2007 - 2008 FISCAL YEAR
The Office of the Prosecuting Attorney has submitted a budget and supplemental_
requests that will enable us to carry out our mission of "pursuing justice with`infegrity
and commitment". The main focus areas of the Office continue to be: 1) core
prosecution and victim services, 2) improvement to the criminal justice system and 3)
community initiatives to promote crime prevention through education and collaboration.
We continue to face growing demands and challenges while working tirelessly to serve
our community.
Our budget of $8,040,231 includes $5,689,957 (71 from County general funds,
$2,050,274 from federal and state grant sources and $300,000 from federal and state
forfeitures (29%). We should be mindful that federal and state grant sources aze
dependent on competitive applications and can fluctuate yearly. Forfeiture funds also
fluctuate yearly. Although our office seeks grant funding, notably, grant funding creates
an inherit instability with personnel uncertainties. Most of our grants pay for personnel
only. If grant funding is reduced, as has happened in our Victim Witness Assistance
Program and Cazeer Criminal Prosecution Programs, core functions can be affected
negatively.
Recognizing the need to have stable county staff to do core victim assistance
functions, the Mayor supports our budget request to convert one state funded and one
federaily funded clerical positions to county funding. This will enable more island-wide
resources to be directed to victim services. Additionally, increasing court required
changes and technological demands were recognized and funds for two high-volume
copiers for Hilo and Kona approved.
During the next fiscal year, we expect that the court required demands will
increase, including screening and handling all the misdemeanor juvenile court petitions,
and preparing all complaints in writing for matters including criminal traffic cases. New
laws require increased security for personal and private information which in turn require
staff time to "redact" personal and private information from police reports and other
documents, along with developing more security for retention and disposal of such
records. Additional security measures create additional costs. Another legal requirement
decided by our Hawaii Supreme Court requires traffic convictions be alleged in the
written charge for certain serious traffic offenses. This will require our deputies or
support staff to research the prior traffic conviction abstracts, which will add hundreds of
personnel hours to research.
By the end of 2007, technological requirements of electronic transfer of criminal
case reports from the Hawaii County Police Department's Records Management System
will shift the persomtel and material requirements to copy and distribute such reports to
our office staff. We have experienced that with advancing technological improvement,
which is encouraged and embraced, there are unseer, and additional personnel and
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operating costs. A recent example involved the courts sending us electronic court
calendars. The demands on our personnel and equipment demands have increased with
the shift of responsibility to copy and distribute the calendars from the courts to our
office. Our office tries to be fiscally responsible by creatively adjusting to these new
demands, and not over estimating the needs and responding with technological solutions.
However, the increasing court and legislatively requirements are not easily predicted.
We are grateful for Mayor's support and inclusion of some of our budgetary
requests, however, there are additional items for which we request your support. These
items include funding fora Clerk II position for the Kona Office, an Investigator V for
the Hilo Office and Crime Prevention and Intervention discretionary funds. The
prioritized list of supplemental requests is attached.
A Clerk II position is requested for the Kona office to assist in processing
discovery which has been burdensome because of deadlines imposed by the Court. The
Investigator V position in the Hilo office is needed to support the drug task force deputies
with complex drug distribution prosecution, to provide support for trial deputies, to
monitor service attempts and capture of outstanding fugitives, and monitox special
projects with the courts and police to increase service of warrants, penal summons and
subpoenaes to counter the continuing and expected police personnel shortages.
A discretionary fund is requested to provide the Office the ability to support
projects or programs which address crime prevention through education and
collaboration. Our focus areas include domestic violence, child abuse and juvenile
delinquency.
We continue to proactively seek federal and state funding to support the main
focus areas of the Office and work actively with other public and private agencies and
community groups to collaborate on development of various grant projects. Available
funding, however, is decreasing mainly due to the federal government's focus on
homeland security. Programs affected include: Victims of Crime Act (VOCA), Violence
Against Women (VAWA), Juvenile Accountability Block Grant (JABG); Title V
Juvenile Delinquency Prevention, Local Law Enforcement Block Grant and Edward
Byrne Memorial Grant programs. These cuts greatly impact the Office and the services
provided to victims and the community we serve.
As you review our budget, please consider as our policy statement the following:
That prosecution and public safety are core functions of the County of Hawaii;
¦ That prosecution is a component of law enforcement;
That an effective Prosecutor's Office is part of providing for the safety of our
community;
• That the necessary resources will be provided to those who go face to face with
murderers, drug dealers, robbers, rapists and give support to victims of their
crimes; and
That the laws establishing our communifJ~'s norms and holding people
accountable for their actions will be fairly and effectively enforced.
We are grateful for the support of the Mayor and Council for the efforts of our
dedicated staff who strive to pursue justice every day. It is vital to this community that
we maintain our law enforcement efforts to address the myriad problems we face which
include drugs, thefts, sexual assaults, domestic violence, traffic crashes caused by
impaired drivers, and juvenile crime. We continue to work with the community in a
balanced way to deal with the full spectrum of crime and are committed to working with
you toward a safer and stronger Hawaii Island.
OFFICE OF THE PROSECUTING ATTORNEY
COUNTY OF HAWAII
The Office of the Prosecuting Attorney is the legal agency responsible for
prosecuting all violations of State and County laws, ordinances, rules and/or regulations
on behalf of the Big Island community as provided by Hawaii County Charter Article IX:
Chapter 28; H.R.S. 28-1.
Offices are located in Hilo, Kealakekua and Waimea to serve Big Island residents.
The Office is divided into five units: The Administrative Unit; Attorneys Unit; Victim
Assistance Unit; Investigative Unit; and Clerical Support Unit. Staffing includes: 80
county funded; and 29 State/Federal funded positions.
ADMINISTRATIVE UNIT
Administration: The Prosecuting Attorney, First Deputy Prosecuting Attorney and
Business Manager direct the day to day operations of the office with regard to managing
the legal, fiscal, personnel, equipment and facilities maintenance of the operation and
coordinating staff meetings, training, special projects and other administrative services.
Secretarial Services: This section provides clerical support to Administration, handles
all personnel matters and assists iri the day to day operations of the office.
Fiscal Services: Provides for professional accounting in accordance with standard
accounting practices while coordinating the fiscal efforts of the State, County, and
Federal programs. These employees provide financial analysis, budgeting, and
preparation of financial statements and reports, in addition to day to day operational
needs with regard to requirements of the County's Department of Finance. The Fiscal
section coordinates travel arrangements for extraditions, prisoner transports and staff
attending probation hearings, interviews, interagency meetings and trainings. They also
process discovery payments, State reimbursements for allowed court expenses and record
keeping and reporting for federal and state grants.
Management Information Services: Coordinates daily operation of the PC network
and telecommunications among the Hilo, Kona and Waimea offices and the City &
County of Honolulu and State of Hawaii systems.
Volunteer Services Coordinator: Recruits, trains and places volunteers to assist within
the Office. The volunteer services coordinator also assists in supporting special projects
within the office.
Special Projects: Coordinates community and interagency initiatives that promote crime
prevention through education, collaboration and strategic planning. Focus initiatives
include juvenile delinquency prevention and intervention which include Youth Builders,
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Big Island Juvenile Intake and Assessment Center (BIJIAC), Serious Habitual Offender
Comprehensive Action Plan (SHOCAP) and Title V juvenile delinquency prevention
projects.
ATTORNEY'S UNIT
The Attorney's Unit, divided among East, West and North Hawaii offices,
handles all criminal cases that occur in their respective districts. East Hawaii's deputies
cover the districts of North and South Hilo, Puna and Ka'u. West Hawaii deputies cover
the districts of North and South Kona and Ka'u. The North Hawaii deputy covers the
districts of Hamakua, South Kohala and North Kohala with the exception of felony trials.
There exist specialized sub-units within the attorney's unit.
Attorney Re~onsibilities
LEGAL: All matters that involve screening and charging a criminal or
forfeiture case
Reviewing search warrants, administrative subpoenas
Researching legal matters and preparing legal documents
Charging by information or grand jury for felony cases
Appear for criminal case appearances
All pretrial hearings, including arraignments, bail hearings
Pre-hearing conferences
Trials and pretrial preparation
Sentencing
Post-conviction Hearings
Appeals-state and federal
ADVISING: Police (HPD)/Law Enforcement Agencies
Other Government Agencies
Victim/Witnesses
General Public -not witness or victim
Legislators
Crime Prevention Groups
Private Law Enforcement Groups (security)
TRAINING: Intra-Office Personnel
Police Department, i.e., police recruits, recall training
Other law enforcement agencies, i.e., DLNR
Public/Private Agencies, i.e., CPS, DHS, SANE, Hospitals,
Fire Department, DOE
Students in Mock Trial Program
ADMINISTRATIVE PROCEEDINGS/ HEARINGS:
Parole Hearings
Forfeitures
MISCELLANEOUS:
Legislative Proposals to improve the law
Public Speaking
Committee meetings/membership
Networking with other agencies
Public education/relations
Interagency assistance
Deputy prosecutors provide ongoing assistance to police by being available for
after hour calls regarding potential felony criminal charging of defendants and review of
search warrant affidavits. The deputy prosecutor is on-call twenty-four hours a day,
seven days a week, to provide such legal assistance to the police. Calls from Hawaii
County Police Department are received at all hours of the night. Deputy prosecutors
rotate on-call duty on a weekly basis and all attorney supervisors are required to carry
cell phones and remain available to the police and other deputy prosecutors for
consultation on cases after hours. The number of after hour calls average ten per week
with deputy prosecutors on-call approximately 600 hours per week.
Deputies typically spend time beyond the normal 8 hour day to complete the work
needed on their cases. The range of hours expended varies depending on the needs of the
case, whether the case is in trial, trial preparation, whether witnesses can be contacted
during business hours and the like. On average, the attorney's unit spends over 150 hours
per week over the normal work week. Overtime hours range from 100 hours to in excess
of 250 hours in any given week.
Career Criminal Prog~
The concept of the Career Criminal program (CCP) in the Prosecutor's Office is
contained in the findings and purpose section of Chapter 845 of the Hawaii Revised
Statutes which states that "The legislature finds that a substantial and disproportionate
amount of serious crime is committed against the people by a relatively small number of
multiple and repeat felony offenders..." This belief is borne out in actual cases where we
prosecute cazeer criminal defendants with numerous prior arrests and convictions.
The State provides funding as approved by the Legislature to support CCP
programs in all counties. There are currently 12 positions (attorney, clerical, investigator,
legal assistant) funded by the State which is a reduction from initial funding resulting in
an attorney and investigator position being left vacant. In addition, with approval from
the Attorney General, the attorney positions have had to be "backfilled" so experienced
deputies can be assigned to these more difftcult cases. Funds provided by the State are
not sufficient to handle all of the defendants identified as career criminals, requiring
assistance from other deputies to also handle CCP cases.
Individuals subject to career criminal prosecution efforts as provided in Chapter
845 of the Hawaii Revised Statutes include those who:
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1. Have 2 or more felony convictions within the last 5 years
2. Have 1 or more felony conviction and 2 or more misdemeanor convictions
and/or arrests within the last 3 years
3. Have been convicted and/or arrested for the offense of felon in possession of a
firearm within the last 5 years
4. Are on parole
5. Are on probation
6. Are on bond awaiting appeal
7. Are on bond awaiting a trial
8. Are known or suspected to be an associate of organized crime
9. Are known or suspected of recurring or ongoing criminal activity
10. Have no adult record but have an extensive juvenile record
11. Are juveniles with extensive records who have been waived to the circuit
court for trial
From the onset, the objectives have been incarceration of the criminal at all stages
of the criminal justice process; conviction on the most serious chazge, whether by plea or
trial; expedited processing of cases; and maximum incarceration of convicted cazeer
criminals. We also do the following to achieve our goals:
• Assign experienced attorneys to the CCP cases;
Begin early tracking of high risk juveniles who most likely will be considered
CCP defendants as adults;
Increase the number of arrested and charged cases involving CCP defendants;
• Request high bail or commitment without bail;
Immediately file revocations of bail and revocations of supervised release;
¦ File motions for enhanced sentencings such as mandatory minimum terms,
consecutive terms of imprisonment, and extended terms of imprisonment.
Our communities need to feel safe from these criminals, and the only way to do
that is to devote a special unit to prosecute them aggressively and expeditiously. We
have done that, and we pledge to continue our efforts with the continued financial support
of the legislature.
Circuit Court
The Circuit Court Units of the Office of the Prosecuting Attorney services four
courtrooms, one in Kona, two in Hilo and one Circuit Court Judge doing Drug Court
Cases for the entire island. The Kona and Hilo units are responsible for the prosecution
of all felonies within the County of Hawaii for crimes ranging from theft cases to the
most vicious homicides. Felony cases consist of any case where there is the possibility of
a state prison sentence, while misdemeanor cases can subject the defendant to a period of
up to one year in jail. Defendants in misdemeanor cases are entitled to jury trials. When
such a request is made the circuit court unit is responsible for the prosecution of
misdemeanor jury trials.
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The unit continues to actively prosecute these cases. The bulk of cases result in a
plea of guilty or no contest by the defendant but must still be prepared as if the case were
to be tried by a jury. The preparation of the case often results in its disposition short of
trial. Defendants do not have to plead guilty to any crime and can insist that this office
prove their guilt beyond a reasonable doubt to a jury or to a judge.
The Circuit Court Unit is also responsible for a variety of other matters including
all appeals from felony convictions, writ practice in both Federal and State Court,
evidentiary hearings relating to motions in felony and misdemeanor cases that are set for
jury trial, felony sentencing proceedings, probation revocation hearings, parole board
hearings, assistance to the Police Department with officer training, review of search
warrants, and after hour pager duty.
The implementation of an information charging statute in 2006 has provided
prosecutors in Hawaii County an additional tool to prosecute felony cases. The circuit
court unit in conjunction with the felony screening unit is responsible for prosecuting
cases using the information statute. These deputies will be responsible for reviewing
police reports, communicating with the investigating officer, and interviewing witnesses
and victims. In addition, the deputies will be responsible for preparing the necessary
documents required by the statute.
Since September 2002, the circuit court unit has taken on the added responsibility
of assigning a deputy prosecutor to the Big Island Drug Court. The objective of the Big
Island Drug is to promote public safety by reducing recidivism in non-violent substance
abusing offenders on the Big Island thru comprehensive integrated programs of drug
treatment and rehabilitation services. Due to staff shortages, the initial assignment for the
Big Island Drug Court was with the First Deputy.
During the past year, the increasing Big Island Drug Court caseload, both for
adults and juveniles, has doubled. The increased caseload has meant that the in-court
and out-of--court responsibilities for the drug court deputy has also doubled. This
additional responsibility has strained the attorney and clerical resources.
District Court
The Hawaii County Prosecutor's Office covers seven district courts island wide.
Deputies handle all of the misdemeanor and traffic cases for Hawaii County which
include traffic violations on calendars and trials. Trial calendars have been added to meet
the increasing caseload for outlying districts, Attorney and clerical staff continue to meet
the additional requirements that have been added because of the Judiciary's new
information management system, JIMS. These additional requirements will grow next
January when al] misdemeanor and traffic charges must be done with written complaints.
Cuttently oral charging is allowed. It is expected that at least two additional personnel
will be needed to meet the new judicial requirements.
District court deputies handle a total of 186 traffic/criminal calendars per month
island-wide. These calendars do not include the misdemeanor domestic violence cases as
those are heard on different days in East Hawaii. The traffic/criminal calendazs cover
every type ofcrime/violation from barking dogs and no-fault insurance to assaults, drug
cases and criminal property damage. The calendars also include regulatory violations
from the Department of Land and Natural Resources, the State Harbors Division, the
Department of Transportation and other departments.
The district court deputy is responsible for reviewing misdemeanor and traffic
cases investigated by the police and making a decision on whether or not to file a
criminal charge. The review process includes reading police reports, communicating
with the investigating officer, and interviewing potential witness and victims. Within the
past five months a backlog within the Records Department of the Police Department
created the need to expedite reviews on several hundred cases to ensure that prosecution
could proceed within the statute of limitations. This additional responsibility has strained
the attorney and clerical resources.
Family Court
The Office of the Prosecuting Attorney continues to assign one Hilo and one
Kona deputy to handle Family Court cases. Additionally, our North Hawaii deputy
handles all of the Family Court cases for the Hamakua, North and South Kohala azeas.
During the 2007 - 2008 fiscal years, we expect to take on more responsibilities regazding
screening and petitioning all the misdemeanor cases involving juveniles, which is an
additional workload not only for the attorneys, but for the clerical support staff.
The goals of the Family Court unit are:
¦ Early identification by all participants of the criminal justice system;
• Expedited processing through the criminal justice system;
• Intense monitoring of a juvenile's criminal activity and more meaningful sentencing;
• Maintaining a network with other agencies to exchange information on gang
identification, gang activities and case dispositions. These agencies include
probation, police, Department of Education, Family Court and other private agencies;
• Promoting prevention programs through schools and Community organizations.
Forfeiture Proiect
Federal and State Forfeiture programs are intended to impose economic sanctions
on persons for the profits derived from criminal activity. The instrumentality used or
intended to be used to facilitate the commission of covered offenses can be forfeited. The
State Forfeiture Program is administered by the State Attorney General's Office and the
federal program by the IJ.S. Department of Justice Drug Enforcement Administration.
Our goal is to continue efforts to forfeit assets acquired through illegal activity or
used for illegal activity. Forfeitures take the profitability out of illegal activity and places
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the asset or the proceeds from the assets for use by law enforcement. We have found that
forfeitures are an effective deterrent to criminal activity.
Presently, forfeitures are done part-time by one attorney and a legal assistant.
They manage all forfeiture cases and network with local police, the Attorney General's
Office, Federal drug enforcement agencies, and the Federal Postal Forfeiture Unit. The
actual amount forfeited to the state fluctuates yearly, and is dependent on the viability of
the state forfeiture statute and generally on the overall investigative efforts of
enforcement agencies and prosecution.
Our office has networked with State law enforcement agencies on the mainland
when defendants have been active in illegal drug activities both here and in other states.
We have initiated and participated in a joint effort with the Federal DEA on seizures from
major drug dealers. Statistics reflect that this effort has also brought thousands of dollars
to the County of Hawaii from forfeited assets giving the County of Hawaii additional
funds for law enforcement purposes.
Domestic Violence
Two attorneys, one each in Hilo and Kona, are specially assigned to prosecute
domestic violence cases in District Family Court. These cases principally involve abuse
of family or household member and violation of an order for protection chazges. Another
attorney is also specially assigned to handle domestic violence cases in Circuit Family
Court.
The primary benefits to specially assigning deputies to these cases are: 1) prompt
intervention by our office; 2) deputy's knowledge of the background of repeat offenders
and victims; 3) consistency in the prosecution of the cases; and 4) familiarity of the
deputy with people and agencies that are involved in the area of domestic violence.
Violent Crimes Against Children
Specially trained deputy prosecuting attorneys, investigators, and victim
assistance counselors focus on handling cases involving child victims of physical and
sexual abuse. This specialized effort provides more safety for the community by better
protecting children and holding offenders accountable by improved interagency response.
Community Oriented Prosecution (COP)
The Community Oriented Prosecution project seeks to improve the quality of life
in Hawaii County by creating and fostering partnerships between the community and
other agencies in order to reduce crime. Community Oriented Prosecution offers a major
link between the police, prosecutors and the judicial branch of government, giving
citizens a better sense of community. It encourages cooperation between all people on
the Big Island and fosters an atmosphere of community empowerment.
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One deputy in Hilo and one in Kona are assigned as the Community Oriented
Prosecutors who work closely with Community Police officers in educating and
empowering communities to unify against crime. Edward Byme Memorial State and
Local Law Enforcement Assistance Grant funding ended in September 2005. Begun as a
federal demonstration project in 2001, the COP unit has provided leadership bringing law
enforcement and the community together to address crime problems proactively and
cooperatively. The unit also includes an investigator and legal clerk who work closely
with the project deputy for casework and interagency and community activities. The
conversion of these grant funded positions in 2005 ensures the direct ]ink between the
criminal justice system and the community can continue to further develop safe and
strong communities.
Community Gun Violence Prosecution Program
The goal of the Community Gun Violence Prosecution program is to deter crime
and positively affect the community's perception of safety by prosecuting firearm related
crimes in a rapid, responsive and effective manner. The primary objectives of the
program are to develop and implement an intake process to expedite screening and
charging of violent crimes involving guns and to employ a vertical prosecution strategy.
Two deputy prosecutors, now county-funded, are supported by two other
deputies who have been cross designated as special assistant U.S. Attorneys as par[ of the
Project Safe Neighborhood Community Gun Violence program. We have worked
cooperatively with the U.S. Attorney's Office to identify dangerous defendants in our
community who represent a significant risk to the community and who aze now being
prosecuted in the Federal system under the Project Safe Neighborhood program. The
majority of these defendants would qualify as career criminal defendants under the
can-ent statutory criteria. Many of these defendants who aze drug users or commit
domestic violence with firearms have now been removed from the community.
Dru¢ Prosecution
Federal funding for the Mayor's War on Ice has provided our office with two
deputy prosecuting attorneys. Their work has concentrated on individuals and
organizations distributing large quantities of ice and other drugs. In the two yeaz funding
cycle of the project, the impact of their work on criminality, rehabilitation, drug treatment
and social and health indicators will not be evident. In fact, as focus on the issue
heightens, these measures generally increase before they decrease.
As anticipated, there is need for a~~ investigator to support these deputies as cases
move through the judicial process. The full measure and impact of the unit will not be
known for at least five to ten years, well beyond the federal funding cycle. Continued
funding of the program in all aspects of treatment/prevention, intervention and law
enforcement must be obtained to successfully impact the Ice problem for Hawaii County.
1]
Felony Screening
Deputy prosecutors in the West Hawaii circuit court unit are responsible for
reviewing felony cases investigated by the police and making a decision whether or not to
file a criminal charge. The review process includes reviewing police reports,
communicating with the investigating officer, and interviewing potential witnesses and
victims. In addition, the deputy prosecutor is responsible for presenting the felony case
before the grand jury, or in some instances, information charging.
In East Hawaii, the larger volume of felony cases has necessitated the need for a
separate felony screening unit. The unit consists of two deputy prosecutors and an
attorney supervisor. The East Hawaii felony screening unit is responsible for reviewing
felony cases investigated by the,police and making a decision whether or not to file a
criminal charge. The review process includes reviewing police reports, communicating
with the investigating officer, and interviewing potential witnesses and victims. In
addition, the deputies are responsible for presenting the case before the grand jury, or
preparing information charging of the case. The information charging process will be
utilized more often as police are trained and courts accept the information charging
procedures.
Within the past five months, the backlog within the Police Records Department
has created a surge of several hundred additional cases that had to be reviewed by felony
screeners in East and West Hawaii. The surge in the caseload created a strain on the
attorney and clerical resources. Until the Police Records Division is more fully-staffed,
the police referral back-log will be reduced by cooperative initiatives with the Hawaii
County Police Department.
Persistent Non-Support Unit
In mid-January 2007, the prosecutor's office created a persistent non-support unit.
The goal of the unit was to create a team to investigate and prosecute persistent violators
of child support orders. The unit is staffed with an investigator and a legal assistant. In
addition to regular circuit court responsibilities, adeputy from the circuit court unit has
been tasked with the additional responsibility to prosecute the cases investigated by this
unit.
The investigator assigned to Non-Payment of Child Support unit is tasked with
evaluating and preparing cases in which a parent has persistently failed to meet an
obligation to pay the child support ordered by the courts. This investigator is also tasked
to liaison with many different agencies in the County and State levels to accomplish the
objectives set forth in the grant. Working with the Legal Assistant in this grant and
supervising deputy, they are preparing a manual, protocols and procedures on how to
process and prosecute these types of cases.
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VICTIM/WITNESS ASSISTANCE UNIT (VAU)
The State established victim-witness assistance programs in the Department of the
Attorney General to be implemented by the County prosecutors under HRS 28-111 "to
provide information, assistance, and support services to the victims of and witnesses to
crimes committed in the state."
HRS 801D, more commonly known as the Victims' Bill of Rights, recognized the
civil and moral duty of victims and witnesses to cooperate with law enforcement and
prosecutorial agencies, and the importance of such cooperation for the general
effectiveness and well being of the criminal justice system of this State. HRS 841D also
declared the intent to ensure that all victims and witnesses of crimes are treated with
dignity, respect, courtesy and sensitivity, and that the rights are honored and protected in
a manner no less vigorous than the protections afforded criminal defendants.
Since 1978, the Victim/Witness Assistance Program has been a part of Hawaii
County's Prosecutor's Office. The staff provide a multitude of services to victims, their
significant others, and witnesses of crimes to minimize the oftentimes adverse impact of
the criminal justice system. The services include, but are not limited to, notification of
case and offender status; court procedure orientation; court accompaniment to provide
support; assistance with criminal injuries compensation and property return; assistance
with victim input for sentencing, plea agreements, and Parole Board minimum term
hearings; transportation; emergency services (food, clothing, shelter, restraining orders);
intercession with employers and creditors; referrals; short term and crisis counseling;
making travel and other arrangements for returning witnesses; witness coordination to
lessen the amount of time spent waiting at court; providing a secure waiting area for
witnesses away from defendants; and providing support during interviews of victims of
child abuse, domestic violence, sex assault and other sensitive cases. In addition, the unit
provides other services to deputies, presentations to community organizations, and
training to other agencies.
During the last six months of 2006, the unit provided services to 2469 victims and
917 witnesses and others. Of the 17 positions in the unit, three have been unfilled for a
number of years because of insufficient funding and difficulty finding suitable
candidates. The Mayor's proposed conversion of the two clerical positions to county
funding will allow more victim and witness services to our community.
INVESTIGATIONS UNIT
The Investigations Unit consists of eight investigators. Six are county funded,
one is funded under the State Career Criminal Prosecution (CCP) grant and one is funded
under a Byrne Grant for Persistent NarPayment of Child support.
The CCP investigator is assigned all cases that involve offenders that qualify as a
career criminal under the Hawaii Revised Statutes. This allows the investigator to
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concentrate on assisting solely in the preparation of cases for these types of offenders. A
CCP investigator position for Kona remains vacant due to insufficient state funding.
There is automatic assignment of investigators to violent crimes. Additionally, a
specially trained investigator is assigned all felony cases where a violent act has been
committed against a child victim. Also part of this investigator's duties is to develop a
database of offenders and to track offenders as they progress through the system.
Generally, this unit conducts investigations in a variety of cases, from simple
traffic cases to cases of the most complex, confidential and diverse nature. The primary
responsibility of the unit is to assist the attorneys in preparing cases for trial. This
includes: conducting follow-up investigations on cases referred to the office by the
Hawaii County Police Department, preparing exhibits for courtroom presentations,
locating and securing the testimony of expert witnesses, coordinating appearance of
witnesses at trial and monitoring felony bench warrants.
In addition, the unit is also responsible for assisting in locating and apprehension
of fugitives. The unit, with the cooperation and assistance of the Hawaii County Police
Department and other law enforcement agencies locally, nationally and internationally,
attempts to locate and return fugitives back to Hawaii County. Unfortunately, the police
personnel shortages are expected for the foreseeable future, and the shortage has caused
increasing unserved warrants, penal summons and subpoenas. Unless the defendants are
served, the cases are dismissed, frustrating the victims, decreasing public confidence in
the justice system, and wasting the limited resources available to taw enforcement and
prosecution.
An additional Investigator V is requested due to the increasing complexity of drug
distribution investigations and prosecutions and increasing number of serious and
complex cases that need additional work for trial preparation and meeting defenses
served, many cases are raised afrer charging. Many of these complex cases require many
pre-charging interviews to prepare cases. This investigator can better monitor all-island
initiatives with law enforcement to assist the police with the improved service of
warrants, penal summons, and subpoenas to avoid the increasing number of court
dismissals for lack of service.
LEGAL CLERICAL UNIT
The Office of the Prosecuting Attorney has the largest legal clerical staff in
Hawaii County. The unit provides assistance to office attorneys and investigators.
Administration and the Victim Assistance Unit have their own clerical staff.
Unique demands placed upon the legal clerical staff -time constraints, ever-
increasing court requirements, and the public's and other agencies' demands for more
services done in less time -continue to strain the unit. Over the past several years there
has been a significant increase in the volume of cases and the number of attorneys,
without a corresponding increase in clerical staff. They continue to work diligently to
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handle the volume, however, the current level of staffing does not provide for spikes in
workload or coverage. This ongoing situation affects morale, accuracy and efficiency. It
also affects our ability to retain and recruit staff.
In addition to doing traditional legal work, the clerical staff is responsible for
input and update of case information to the Office's HITS case tracking system. HITS is
utilized by staff as well as by Police and is interfaced with the State Juvenile Justice
Information System (JJIS) and Criminal Justice Information System (CJIS). An average
of 310 to 400 new charges are input weekly once cases are referred from the Police
Department or when defendants are detained pending arraignment. Case referrals aze
also received from the Department of Human Services, Alternatives to Violence, DLNR,
and the Liquor Commission. A large part of this process is also keeping victims
informed of the status of their cases.
Traffic citations are not generally input into the system until the offender elects to
go to trial. This then requires input to the case tracking system and additional processing,
including creation of case files, processing of discovery, and issuing subpoenas to
witnesses. Throughout, computer tracking input must be done to document the status,
file location, and calendar disposition of each case.
Aside from the case referrals mentioned, requests are received from the Adult
Probation Department for revocations, and the Circuit Court for bail forfeitures and the
non-appearance ofjurors.
Information Charging, effective since 2006, whereby designated cases bypass
grand jury and preliminary hearing, has been successful, although creating additional
tasks for the clerical. We are continually working to improve this process. 50% of cases
processed via Information Charging by the end of summer is our goal this yeaz. We aze
also preparing for the implementation of written complaints to go into effect January
2008, whereby all criminal charges need to be type-written and filed with the court.
Currently, the deputy prosecutors are allowed to do oral charging.
It has been difficult for our Kona clerical staff to keep up with the rising number
of cases, and the addition of a Circuit Court judge has created an increase of tasks and
shorter deadlines. For the past two years we have shifted work to the Hilo office to
provide assistance. Through recruitment by our Volunteer Services Coordinator, we have
utilized volunteers to provide much needed assistance in Hilo. While their assistance is
greatly appreciated, the general short-term nature and constant training required places
additional demands on the staff.
Recent changes imposed by the courts and defense have increased case tracking,
case preparation and discovery demands. The increases of the number of attorneys, Drug
Court caseloads and the implementation of the Drug Task Force project have also added
to the clerical workload. Additional clerical staff is requested for the Hilo and Kona
offices.
t5
Our office is the lazgest litigation office in Hawaii County. We are proud of our
clerical staff's professionalism and the contribution they make to our litigation efforts.
Along with the other support units, the clerical staff provides quality legal services to the
public.
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