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HomeMy WebLinkAboutCOM 0151.016 2008-2010 tvuc. OFFICE OF THE PROSECUTING ATTORNEY 2009 - 2010 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 integrity and commitment." We continue our "balanced approach" focusing on: 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 $9,143,659 includes $5,999,859 (66%) from County general funds, $2,743,800 (30%) from federal and state grant sources and $400,000 (4%) from federal and state forfeitures. Of the County portion, 89% provides funding needed to staff our Hilo, Kona and Waimea offices so we are able to fulfill our duties in accordance with Section 9-3 of the County Charter. Our staff work diligently to see that the laws are faithfully executed and enforced within the County of Hawaii. Prosecuting Attorney Fiscal Year 2010 Other $400,000 4% r Federal operating 8 equip $1,474,472 16% sue, v :_1t i~ )r i S r`2 Federal S&W $406,328 County S&W 49/6 $5,339,581 5B State S&W $863,000 9% :2- tp} n County Operating 7% It should be noted that we have carefully examined our budget and reduced our fiscal year 2010 operating expenditure request by as much as possible without adversely affecting the services we provide. We have deputies on-call 24 hours per day, we maintain our own computer infrastructure to ensure security of criminal case information Comm. No. S" L I b Ref. To, C, Ref. Date MAR 3 1 Mg t I: t .n- and we need to be able to provide our staff adequate resources and support to uphold the laws of our state and county. In an effort to stem increases in adult and juvenile crime, we are proactively working on prevention, education and early intervention programs. Our community oriented prosecution, non-support prosecution, community violence response coordination, youth builders, domestic violence strategic planning, sexual violence prevention and planning, underage drinking prevention, and mental health defendant initiatives are efforts to collaboratively address issues and find solutions to reduce contact with the criminal justice system. We have successfully sought state and federal funding for these initiatives as well as to support the main focus areas of the Office. In past budget messages I have indicated that our reliance on federal and state grant and forfeiture sources causes an inherent instability primarily with personnel. We are facing that situation with expected cuts to our state funded Career Criminal (CCP) and Victim Witness (VW) programs which pay for 15 positions in Hilo and Kona. Attempts at legislation to maintain current levels of funding were unsuccessful and we are at the mercy of the Attorney General who is dealing with his own budget shortfalls. Federal Recovery Act funds are a possibility, however, they are based on competitive application and award is uncertain. It should be noted that the CCP and VW programs are mandated by State statute and partial funding has been provided through the Department of the Attorney General. These statutory mandates increase effective prosecution required by the County Charter. 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 Hawar i; • That prosecution is a component of law enforcement; ¦ That an effective Prosecutor's Office is an integral 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; • That our "balanced approach" considers the most effective response to crime issues, balancing prevention, restoration and punitive approaches; and • That the laws establishing our community'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. 2 OFFICE OF THE PROSECUTING ATTORNEY COUNTY OF HAWAFI 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: 83 county funded; and 27 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 in the day to day operations of the office. For at least 25 years, the personnel responsibilities have been assigned to the Private Secretary. The increase in staffing and recent procedural changes has escalated the demand on the amount of time and effort necessary to provide adequate servicing to employees. A Personnel Assistant II position is needed to be dedicated to the various personnel issues for our 110 positions. 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. Our office was the pilot site for the state in developing an interface to transfer police arrest information for certain adult cases to our case tracking system. This has proved to streamline operations and improve efficiency. We have been selected as the pilot site to develop a similar interface with the 3 Juvenile Justice Information System which will further expand efficiencies utilizing technological resources. 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, Big Island Juvenile Intake and Assessment Center (BIJIAC), Serious Habitual Offender Comprehensive Action Plan (SHOCAP), Title V juvenile delinquency prevention projects, and Underage Drinking and Drug Abuse Prevention. Community Violence Coordinator: Coordinates efforts between County departments, courts, probation, State departments, community organizations, service providers and the public regarding community violence issues and the criminal justice system. Initiatives include Offenders' Re-entry program, Community and Family Violence Response Strategic planning; Sexual Violence Response Prevention planning and Drug Court and Judiciary's Mental Health 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 Hawai'i'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 Responsibilities 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 events All pretrial hearings, including arraignments, bail hearings Pre-hearing conferences Trials and pretrial preparation Sentencing Post-conviction Hearings Appeals-state and federal 4 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. 5 Career Criminal Program 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 career 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 11 positions (attorney, clerical, investigator, legal assistant) funded by the State which is a reduction from initial funding resulting in an attorney 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 difficult 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: 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 charge, whether by plea or trial; expedited processing of cases; and maximum incarceration of convicted career 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; 6 • 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, two in Kona, two in Hilo and two Drug Courts for West and East Hawaii. 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. 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 are responsible for reviewing police reports, communicating with the investigating officer, and interviewing witnesses and victims. In addition, the deputies are 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 7 abusing offenders on the Big Island thru comprehensive integrated programs of drug treatment and rehabilitation services. Over the years, the 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 Hawai'i 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 include submission of written complaints for all misdemeanor and traffic charges. We have programmed our HITS case tracking system to assist in generation of the complaints which has reduced the impact on our staff. District court deputies handle a total of 92 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 calendars cover every type of crime/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 areas. During the 2009-2010 fiscal year, we expect to take on more responsibilities regarding 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. 8 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 U.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 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 Hawaaz i 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 charges. Another attorney is also specially assigned to handle domestic violence cases in Circuit Family Court. 9 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. 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. The COP deputies have provided leadership to bring law enforcement and the community together to address crime problems proactively and cooperatively. They provide a direct link between the criminal justice system and the community to continue to 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 part 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 are 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 current statutory criteria. Many of these defendants who are drug users or commit domestic violence with firearms have now been removed from the community. 10 Drug Prosecution Federal funding for the Mayor's War on Ice had provided our office with two deputy prosecuting attorneys. Now, County funded, their work continues to concentrate on individuals and organizations distributing large quantities of ice and other drugs. As anticipated, there is need for an 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. Felon 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. 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, a deputy 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 11 forth in the grant. Working with the grant funded Legal Assistant and supervising deputy, they are preparing a manual, protocols and procedures on how to process and prosecute these types of cases. To date, the unit has investigated over 70 cases from which referrals were made for welfare fraud, tax fraud and probation violation. 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." FIRS 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 801D 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 crime victim 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 2008, the unit provided services to 2665 victims and 890 witnesses and others. Of the 17 positions in the unit, two have been unfilled for a number of years because of insufficient funding. 12 INVESTIGATIONS UNIT The Investigations Unit consists of eleven investigators. Eight are county funded, two are funded under the State Career Criminal Prosecution (CCP) grant and one is funded under a Byrne Grant for Persistent Non-Payment of Child support. The CCP investigators are assigned all cases that involve offenders that qualify as a career criminal under the Hawai'i Revised Statutes. This allows the investigators to 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 Police Department, conducting special investigations, preparing discover material, preparing exhibits for courtroom presentations, locating and securing the testimony of expert witnesses, coordinating appearance of witnesses at trial and monitoring felony bench warrants. One of the other responsibilities is the production of discovery materials for the defense. In the West Hawaii office, there is an Investigator III assigned to this task as the judges in West Hawaii have set very strict and short deadlines for the discovery to be produced. This investigator has to work on the production of discovery material full time. This responsibility has increased with the start of two West Hawaii circuit courts. 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 Police Department and other law enforcement agencies locally, nationally and internationally, attempts to locate and return fugitives back to Hawaii County. There is an Investigator III assigned to accomplish this task. Unfortunately, police personnel shortages has caused an increase in 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 law enforcement and prosecution. 13 LEGAL CLERICAL UNIT The Office of the Prosecuting Attorney has the largest legal clerical staff in Hawai'i 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 publics 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 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 (CRS). 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 are 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 of jurors. . We now also input juvenile cases which the Family Court sends to our office for advice with charging. The majority of these cases are kept and charges and/or request for follow-up by police is generated by our office. In the near future, all such cases will be referred directly to us by the Police Department. Information Charging, effective since 2006, whereby designated cases bypass grand jury and preliminary hearing, has been successful, although creating a whole new realm of time-consuming tasks for the clerical. We are continually working to improve 14 this process. We have also commenced the implementation of written complaints which went into effect July 2008. This significant change requires all criminal charges to be type-written and filed with the Court. Previously, deputy prosecutors were allowed to do oral charging. This has also added time constrained tasks for the clerical staff. 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. 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 and Drug Task Force caseloads and the implementation technological advancements have also added to the clerical workload. Additional clerical staff is requested for the Hilo and Kona offices. Our office is the largest litigation office in Hawai'i County. We are proud of our clerical staffs 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. 15 n C m c a) y a) ) O ? 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