Tuesday, April 28, 2009

Prosecutors stop prosecuting all misdemeanors due to budget

A collection of bullshit from the Prison Industrial Slave Complex

50-million illegal aliens are already not arrested, prosecuted and deported, causing loss of $100-billion taxdollars per year in USA, to perp millions of crimes and violently overthrow USA. But one US citizen made 12,000 citizen's arrests of illegal aliens, as ACLU and prosecutors attack to defend criminal alien invaders.

See also:

City governments file bankrupty to avoid paying traffic cops $200,000/year salary in USA

Knox County TN govt employee pays self $180,000 for 100 hours/week overtime, no arrest made




Video: Many Contra Costa crooks won't be prosecuted

Henry K. Lee
San Francisco Chronicle
April 22, 2009

MARTINEZ -- Misdemeanors such as assaults, thefts and burglaries will no longer be prosecuted in Contra Costa County because of budget cuts, the county's top prosecutor said Tuesday.

District Attorney Robert Kochly also said that beginning May 4, his office will no longer prosecute felony drug cases involving smaller amounts of narcotics. That means anyone caught with less than a gram of methamphetamine or cocaine, less than 0.5 grams of heroin and fewer than five pills of ecstasy, OxyContin or Vicodin won't be charged.

People who are suspected of misdemeanor drug crimes, break minor traffic laws, shoplift, trespass or commit misdemeanor vandalism will also be in the clear. Those crimes won't be prosecuted, either.

"We had to make very, very difficult choices, and we had to try to prioritize things. There are no good choices to be made here," said Kochly, a 35-year veteran prosecutor. "It's trying to choose the lesser of certain evils in deciding what we can and cannot do."

Barry Grove, a deputy district attorney who is president of the Contra Costa County District Attorneys Association, said, "There's no question that these kinds of crimes are going to drastically affect the quality of life for all the citizens of Contra Costa County."

The decision not to go after any perpetrators of certain offenses, Grove said, amounts to "holding up a sign and advertising to the criminal element to come to Contra Costa County, because we're no longer going to prosecute you."

Don't even bother submitting the cases, Kochly said Monday in a memo to the Contra Costa County Police Chiefs Association. "If they are submitted, they will be screened out by category by support staff and returned to your department without review by a deputy district attorney," he wrote.

Kochly wrote that he had long taken pride in saying that his office could do "more with less."

"Unfortunately, we have now reached a point where we cannot maintain the status quo," he said. "We will definitely be doing 'less with less' as a prosecution agency."

The changes are needed to help eliminate a $1.9 million budget deficit in the district attorney's office for this fiscal year. By month's end, six deputy district attorneys will be laid off, and 11 more will have to be let go by the end of the year, Kochly said.

The county Board of Supervisors originally proposed cutting the office's budget by $4.1 million. But after Kochly argued that such a reduction would hurt his ability to prosecute petty thefts, the board used sales-tax revenue to close the gap.

Supervisor John Gioia, who represents Richmond, said the list of crimes that Kochly says he won't prosecute is far longer now than what he told the board during its budget deliberations.

"I don't think it's a good idea for the chief prosecutor in the county to inform the public at large what cases they're not going to prosecute," Gioia said.

The district attorney's decision was upsetting news to Janet Kelleghan, an employee at Donna's Gifts in Concord, which has been victimized by thieves in the past.

"If they know they're not going to be prosecuted, there's going to be a lot more shoplifting," Kelleghan said. "I'd ask them to reconsider," she said of the district attorney's office.

Kochly said prosecutors will still consider charging suspects with certain misdemeanors, including domestic violence, driving under the influence, firearms offenses, vehicular manslaughter, sex crimes and assault with a deadly weapon.




Knox County Public Defender Lawfirm Corporation refuses all new misdemeanor cases and quits current cases in attempt to shakedown more taxdollars

A defendant in Knox County was incarcerated for alleged criminal trespass and resisting arrest for using a public restroom, public defenders refused to represent him until he had spent 10 days in jail, then pled him guilty to trespass. The PD HQ refused to read sworn affidavits by Pirate News to testify that the hospital was an open public building, without locked doors, with no signs warning NO TRESPASSING, and the private security guard was no a government employee accordign to his supervisor, thus the charge failed to meet essential element in TN Code for resisting arrest of "law enforcement officer". The defendant had already left the building and was on a public sidewalk when the security gaurd made a citizen's arrest for trespassing.

This arrest for using a public restroom was retaliation for defendant "winning" a precedent case against KPD in city court one day prior, by claiming Homestead Exemption with affidavit of indigency to proceed in forma pauperis pro se, with coaching from Pirate News. Thus he was "collection proof" for all fines and court costs per judicial order of judge John Rosson. So he never had to pay the traffic tickets for broken tail light and lack of insurance.

When my sister was a public defender in a large city, she only won one case out of 1,000s of trials. In that case a "guilty" defendant told her what to do to win using rules of procedure. She was a graduate of Yale and elite Webb School in Knoxville. She had zero interest in winning, since she was paid by the government to lose. She was also a practicing Communist who lived in Bejing China and Czechoslvakia.

See also:

Court-appointed lawyers were paid $1-million taxdollars per case in Knox County

Knox County Public Defender Plans Petition for Lighter Caseload - "Mark Stephens is expected to file papers saying his office is now too busy to defend any more misdemeanor cases. Seven attorneys have 290 trials set within the next six months."

Here's the official confession by the so-called "public defender office", which forgets to mention that Knox County PDO already refuses to defend 200,000 annual "misdemeanor citations" in Knoxville city court:




Community Law Office Corporation
PDknox.org

KNOXVILLE, TENNESSEE - On July 25, 2008, Public Defender Mark Stephens filed motions in all three criminal courts seeking to withdraw from certain cases and to temporarily suspend future appointments in those courts pending an opinion from the Sessions Court Judges.

Public Defender files caseload petition in March 2008 to suspend appointments to the Misdemeanor division of Sessions Court. The hearing that took place June 10, 2008 is pending a final ruling.

Mark E. Stephens was re-elected on August 3, 2006 to his third consecutive eight-year term as Public Defender.

The Community Law Office offers a continuum of services for individuals accused of a crime but unable to pay for legal counsel. By empowering clients to create a life skills development plan, the CLO offers individuals an opporunity to restructure their life: a lifestyle makeover.

The palatial Knox County Public Defenders Community Law Office is located at 1101 Liberty Street, far, far away from their riffraff suckers, er clients tortured at the palatial City-County courthouse/jail/dungeon.


Palatial Knox County Public Defender Corporation lawfirm official image is titled "trick.gif"

PRESS RELEASE

In 2007 the Knox County Public Defenders Community Law Office faced a crisis. The number of indigent people in need of our services was growing at a rate that was disproportionate to the number of public defenders staffed to meet those needs. With 24 lawyers committed to providing the best representation available to our clients, we found that, on a growing number of cases, our ability to match that commitment with even adequate representation was slipping. We found that that the number of cases was causing us to make compromises lawyers should not have to make: assigning greater value to one client over another, not just based on the seriousness of his or her case, but out of a split-second, intuitive response caused by crushing caseloads and the fast, complex course of justice. In providing effective representation for all, making those kinds of compromises is unacceptable. We had to do something about that.

In March of 2008, Chattanooga attorneys T. Maxfield Bahner, Hugh J. Moore, Jr., and D. Aaron Love, filed on behalf of the CLO a Petition to Suspend Appointment of the District Public Defender to Defendants in the Knox County General Sessions Court, Misdemeanor Division. In preparing this petition, CLO public defenders sought to remedy the obstacles to effective representation by concentrating our combined professional focus on the staggeringly high number of Felony and DUI cases filed in the General Sessions Courts of Knox County. In achieving this goal, it would be necessary to suspend appointment of public defender services in the Misdemeanor division of Sessions Court, where no offense carries a penalty of greater than 11 months, 29 days. Defendants charged with misdemeanors would not be denied adequate counsel; on the contrary, ready and willing representation would be provided by appointment of members of the local private bar of Knox County.

On June 10, 2008, an en banc hearing took place before the five judges of the General Sessions Courts of Knox County. The proof included: testimony of public defenders regarding the demands of their practice versus the demands of the system; the introduction of public defender case-count data, including expert testimony on its relationship to ABA standards of effective representation; and also testimony from members of the local criminal defense bar on standards of effective representation. At the conclusion of proof, the Court allowed a representative of the State Attorney General’s Office to argue counter to the relief being sought. The Court took under advisement the AG’s request to be entered as a party to the action, and adjourned after taking under advisement all of the proof offered by the Knox County Public Defenders Community Law Office. A ruling is pending.

UPDATE: On July 25, 2008, Mr. Stephens filed motions in all three criminal courts seeking to withdraw from certain cases and to temporarily suspend future appointments in those courts pending an opinion from the Sessions Court Judges.

We welcome visitors to our site to view all of the data, pleadings, and other documents relating to this landmark case.




Report Finds Massive Waste In Treatment of Misdemeanor Cases

The National Association of Criminal Defense Lawyers has issued a report highly critical of the way the criminal justice system deals with petty, nonviolent misdemeanors. The report claims that if many of these offenses were treated as infractions, rather than crimes, it would save millions of dollars in taxpayer dollars and better protect the rights of defendants without hurting public safety.

The report is entitled, Minor Crimes, Massive Waste: The Terrible Toll of America's Misdemeanor Courts.

Researchers at the Seattle University School of Law visited misdemeanor courts in Arizona, Florida, Illinois, North Dakota, Pennsylvania, Texas and Washington. These researchers discovered that the average number of cases handled by public defenders in Benton County, Washington was 360, 380 in Seattle, 2,403 in Chicago, 2,502 in Utah and 18,720 in New Orleans. The researchers recommend that public defenders should not have more than 400 cases a year. Misdemeanor courts are the main reason for this heavy case load.

The findings are scheduled to be presented to the House Judiciary Committee on June 4.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

REPLY BY PIRATE NEWS

If defendants would get skilled defending themselves pro se, there would be no more prosecutions of victimless crimes, which are 99.9% of the entire court system.

I've won several traffic ticket trials, which are the easiest of all lawsuits to win.

Pro se's have won precedent setting trials, such as Gideon v Wainright creating the public defender lawfirm industry, and pro se founder of Pennsylvania William Penn banning judges from jailing juries until rendering the "right" verdict.

99.8% of misdemeanor court cases are not included in the stats quoted in your article, re traffic citations, which are also censored from news reports. Over 100-million Americans are arrested every year for so-called traffic crimes. Here in Knoxville Tennessee, KPD sues 200,000 annual "misdemeanor citations" in CIVIL city court, in a city with 160,000 residents. That's not counting KPD arrests in county criminal court, county sheriff arrests in the city, or state police arrests in the city. Big Bro alleges that every citizen is a criminal, except for govt employees of course.

1000s of lawyers should teach pro bono lectures to the public about how to win in court pro se.

For example, parking tickets and photo traffic tickets can be won by not showing up in court, for lack of personal jurisdiction for lack of personal service of process of the complaint.

Note that 75% of all judges in USA lack a license to practice law, never passed a bar exam, never graduated law college, and many cannot read, according to NY Times. They are called de facto (illegal) pro se (non-lawyer) "judges" in Tennessee.

Most of the rest of the "judges" who are licensed lawyers are de facto "judges" who are unconstitutionally appointed and are not part of the judicial branch, thus they cannot handle criminal cases.
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/953/BANKSTON.pdf
http://www.tsc.state.tn.us/opinions/tsc/PDF/984/whitehc.pdf
http://www.tn.gov/attorneygeneral/op/2005/OP/OP127.pdf
http://www.tn.gov/attorneygeneral/op/2007/OP/OP7.pdf
http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/091/Mosesd.pdf

These judges are attorneys-in-fact (pro se for a pro se) employed by the law dept of municipal corporations. Any person can be an attorney-in-fact for any person in any court via power of attorney contract, contrary to pathological lies by bar foundations and attorneys general.

Judges who are licensed lawyers routinely say things like, "You cannot use the US Constitution in MY courtroom!" I've had this said to me, on the record, on tape, on transcript, and I won that "criminal misemeanor" case using Rules of Civil Procedure and Rules of Evidence.

Meanwhile 50-million illegal aliens are immune to arrest and deportation, and buy fake ID "driver certificates" from state police, as the border remains wide open.

Google Battle of Athens Tennessee 1946, where 500 US citizens opened fire and made citizens arrests on 300 crooked cops and politicians for bogus speeding tickets.




Tennessee Courts Suck Say Tennessee Courts

"Strictly local municipal courts offer a separate, substandard justice and warrant a thorough review of their own. At their best, the present-day system of city courts is a convenient means for disposing of relatively minor matters, close at hand, with less formality than state courts. They become, in essence, an administrative forum of alternative dispute resolution, with the right to appeal to the state judicial system. At their worst, they are merely revenue agencies masquerading as courts. Their sole reason for being is the funds that their municipality draws from them. If the funds disappeared, few of the cities would consider the court an important civic service. Their limits and oversight are ill-defined, and their flexibility can sometimes disguise mere arbitrariness. Municipal courts are a substantial topic unto themselves. There are some 200 to 300 such courts across the state, operating so independently that even obtaining an exact count is difficult. We believe they fall much closer to the worst model than to the best one. A majority of complaints about judges that come to the Administrative Office of the Courts originate with municipal courts."
Report from The Commission on the Future of the Tennessee Judicial System, 1996

Tennessee’s Court System: Is Reform Needed? - Office of Research, Comptroller of the Treasury, 2004

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