HomeMy WebLinkAboutCOM 0604.003 2010-2012SUBMITTED BY: NANCY KELLY, PROSECUTING ATTORNEY OFFICE
BILL 197 / COMM. 604
OFFICE OF THE PROSECUTING ATTORNEY
2011 - 2012 FISCAL YEAR 7017 .'`' 19 !i 't 11: 07
As the economy slowly recovers, we have seen significant number of cases involving property
crimes, family violence, drug and alcohol abuse related crimes, and deaths or serious injuries on
our roads. In addition to prosecuting these cases effectively, we need to be diligent about victim
and offender systems that have been decimated by budget cuts. As always, we need to enforce
laws and provide coordination of services to provide a safety net for our community.
We are submitting a budget that will enable us to carry out our primary functions of:
• Promoting public safety and order through timely, efficient, and effective prosecution
• Striving for just disposition of criminal cases
• Ensuring that victims and witnesses of crimes are treated with respect, courtesy, and
sensitivity
• Improving the criminal justice system by identifying areas of need and working
collaboratively with other criminal justice agencies and the community.
• Encouraging and promoting crime prevention and early intervention initiatives to
improve the quality of life on the Big Island
• Identifying, promoting and implementing new and innovative approaches to solving
crime problems.
Adequate county funding is necessary to provide these essential services which demonstrates
commitment and helps to leverage outside funding. In the past, we have been fortunate to be able
to supplement our primary functions with state and federal grant funding and state and federal
asset forfeiture funds.
We have carefully reviewed our operations and have submitted a budget request of $7,740,623
which includes $5,515,623 (71 %) from general funds and $2,225,000 (29 %) from federal and
state grants and state and federal forfeitures. This represents a 6.8% decrease from an already
lean 2012 budget.
We continue to face growing demands and challenges while working tirelessly to serve our
community. We request your support for our budget which is 7% of the total allocated to Public
Safety and 2% of the total County budget for fiscal year 2013.
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 an integral part of providing for the safety of
our community;
Comm. No. 604.3
Ref. To: Pree S aril
Ref. Date.
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• 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 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. Especially in these tough economic times, it is vital to
this community that we maintain our law enforcement and community 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 are committed to continue to work
with the community in a balanced way to deal with the full spectrum of crime and to work with
you toward a safer and healthier Hawaii Island.
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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: 84 county funded; and 25
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.
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, witnesses, and staff attending hearings, interviews, interagency meetings and
trainings. They also process discovery payments, State reimbursements for allowed court
expenses, and federal and state grant record keeping and reporting. The fiscal section has been
doing their best to maintain all responsibilities with an unfilled vacancy for the past year.
Management Information Services: Manages the daily operation of the PC network and
telecommunications among the Hilo, Kona and Waimea offices, the City & County of Honolulu,
and the State of Hawaii systems. They are also responsible for the operation of the voice over IP
phone system and video conferencing systems.
Program Manager: Coordinates efforts of government, social service and non - profit agencies
to develop and execute a coordinated response to community violence issues which include
domestic violence, sexual violence, and child abuse. The Project Manager supervises the two
Coordinators below.
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
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office. This coordinator also obtains Hawai'i Bar Association MCPE or VCLE credit approvals
for trainings presented by this office, which directly impacts the licenses of our deputy
prosecutors.
Special Projects Coordinator: Coordinates community and interagency initiatives that address
juvenile delinquency issues and promotes crime prevention through education, collaboration, and
strategic planning. This coordinator administers grants that are focused on youth prevention,
intervention and/or treatment.
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 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
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, SASS, Hospitals,
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Fire Department, DOE
Students in Mock Trial Program
HSBA government attorney MCLE
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 for conferrals and charging decisions and review of search warrant affidavits. In 2011, the
number of after hour calls averaged fifteen per week. Deputy prosecutors rotate on -call duty on
a weekly basis and are available twenty -four hours a day, seven days a week, to provide such
legal assistance to the police. 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.
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. Overtime hours range from a total of 100 hours to in excess of 300 hours in any
given week. The furlough schedules have posed additional challenges. Court and other State
agencies are not on furlough schedules and our staff must accomplish the same amount or more
work with less time.
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 will 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 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 difficult cases. Funds provided by the State are not sufficient to handle all of the
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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
12. Habitual property offenses
In 2011, with the support of HPD Chief Harry Kubojiri, we supplemented the CCP
program with an identification process for Serious CCP Offenders. These are CCP offenders
who additionally have been identified (1) by Community Police Officers as a person of high
interest (2) alleged to have committed multiple offenses (3) exhibiting drug addicted repetitive
criminal behaviors (4) associated with organized crime, including drug distribution and /or (5)
showing escalating criminal behavior. Serious CCP offenders' cases are expedited for
prosecution with a commitment to coordinate and collaborate with HPD to expeditiously review
all cases involving those defendants.
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;
• 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.
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Our communities need to feel safe from these criminals, and the only way to do that is to
devote a trained and experienced staff to prosecute them aggressively and expeditiously. 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 and two in Hilo. 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 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 certain 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. This process
bypasses Grand Jury and preliminary hearings and has saved valuable police, government and
civilian witnesses' time.
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. Within the last two years, attorney and clerical staff have had
the additional burden of meeting the Court demand for filing written complaints for all
misdemeanor and traffic charges. Additionally, clerical staff are also dealing with electronic
transmission of cases from the Police Department which has shifted the burden of printing case
documents to our office. Both have significantly added to the workload.
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District Court deputies handle an average of 90 traffic /criminal calendars per month
island -wide. 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.
The District Court unit has also taken on the added responsibility of assigning two deputy
prosecutors to the Big Island Drug Court. The objective of the Big Island Drug Court is to
promote public safety by reducing recidivism in non - violent substance abusing adult and juvenile
offenders on the Big Island thru comprehensive integrated programs of drug treatment and
rehabilitation services.
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. We have taken 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 as well.
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 Project
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
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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 charges. 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.
One deputy in Hilo is assigned as the Community Oriented Prosecutor who works closely
with Community Policing officers in educating and empowering communities to unify against
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crime. 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. This approach provides a direct link between the criminal justice system and
the community to further develop safe and strong communities.
Community Gun Violence Prosecution Program
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.
Elder Abuse Team
The Elder Abuse Prosecution & Prevention Unit is a federally funded grant project, now
in its second year. The unit's mission is to "expedite the prosecution of elder abuse and financial
exploitation cases and enhance awareness and prevention of elder abuse in Hawaii County
through interagency collaboration. The team concentrates on prosecutable forms of abuse:
physical abuse, sexual abuse, crimes by omission and financial exploitation of elder victims (60
years or older).
The elder abuse team's primary goals are: 1) identifying and monitoring the prosecution
of elder abuse cases; 2) meeting regularly with the police CID captains and the APS supervisors
to improve elder case inter - agency communications; 3) working collaboratively with other
agencies, including DCCA (RICO and OCP), the Attorney General's Medicare Fraud Unit and
the Hawai'i County Office on Aging and, 4) conducting community education and outreach
trainings to elders, community organizations, service providers and caregivers.
Drug Prosecution
Designated and trained deputy prosecuting attorneys are assigned to prosecute drug cases,
particularly distribution cases, in the Hilo and Kona Offices. The designation of deputies
provides HPD with continuity and access for review of warrants and conferrals. In addition, we
develop deputies with expertise in the unique issues that arise in drug prosecutions.
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
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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.
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 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 teen 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 first half of fiscal year 2012 the unit provided assistance to 3342 victims and
witnesses of crime and their significant others. Of the 17 positions in the unit, two have been
unfilled for a number of years because of insufficient funding.
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INVESTIGATIONS UNIT
The Investigations Unit consists of 11 investigators. 8 are county funded, two are funded
under the State Career Criminal Prosecution (CCP) grant and one is funded under a Byrne Grant
for Elder Abuse and Exploitation.
The CCP investigators are assigned all cases that involve offenders that qualify as a
career criminal under the Hawaii Revised Statutes. This allows the investigators to concentrate
on assisting in the preparation of cases for these types of offenders. This is based on the theory
that a small percentage, the career criminals, commit the majority of the crimes. By placing
emphasis on this group, a reduction of crimes should occur.
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 or other
agencies, preparing exhibits for courtroom presentations, locating and securing the testimony of
expert witnesses, coordinating appearance of witnesses at trial and monitoring felony bench
warrants. This is only a part of the investigative and trial responsibilities of this unit.
The unit is also responsible for assisting in locating and apprehending 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
law enforcement and prosecution.
In addition, the unit is tasked with entering and monitoring fugitives in the FBI's
National Crime Information Center (NCIC) system. This is a nationwide system to alert law
enforcement that a fugitive is wanted in Hawaii. As part of the responsibility of being part of the
NCIC system, all entries have to be validated. Validation includes reviewing the case and
insuring that the evidence and witnesses are still available.
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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, unfilled vacancies, and the public and other agencies' demands for more
services done in less time - continue to strain the unit. Over the past several years there has been
an 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 (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 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.
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 staff. We are continually working to improve this process.
Written complaints went into effect in 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.
It has been difficult for our Kona clerical staff to keep up with the rising number of cases,
particularly since the addition of a Circuit Court judge several years ago, which has created an
increase of tasks and shorter deadlines. The Kona office is in need of a receptionist who would
field calls and public inquiries, as well as assist the other clerical units when needed. Previously
funded by a VOCA grant, we no longer have these funds and the receptionist position has
become vacant with no means to fill due to lack of funding.
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Through recruitment by our Volunteer Services Coordinator, we have utilized volunteers
to provide much needed assistance in Hilo. We also have one Cooperative Vocational Education
(CVE) student assigned a semester at a time. 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, defense, and police have increased case tracking,
case preparation and discovery demands. The implementation of technological advancements
have also added to the clerical workload to avoid redundancy for criminal justice partners in the
long run, but with introduction of new technology there is lag time to see the overall
improvements and cost savings.
Additional court- mandated changes are electronic filing system for all criminal
misdemeanor filings. This will shift the burden of initiating Judiciary cases from Judiciary
clerks to the Offices of the Prosecuting Attorney and police departments' clerical staff statewide.
Additionally, the court has mandated redaction of personal private information from all filed
documents. Efforts to coordinate with the Judiciary to implement this plan are ongoing. The
Judiciary is set on implementing electronic filing and redaction rules in June 2012. The
anticipated impact on workload will be significant.
We have obtained a technology grant to develop interfaces between the Police RMS and
Judiciary JIMS system to reduce redundancy of case information entry for clerical staff. The
expected completion date of these projects is December 2012. However, any technological
changes that create long -term improvements and cost - savings create immediate needs for more
training, transition and upgrading of computer systems to accomplish long -term goals. We
continue to seek additional funding whenever possible from other grant sources to assist the
clerical staff to accomplish their work through technology.
Our office is the largest 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.
In conclusion, we ask for your support to allow the Office of the Prosecuting Attorney to
continue our core public safety service function through our professional staff, who purpose
justice with integrity and commitment.
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