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The State of Prosecution in North Carolina

The document discusses the role and resources of prosecutors in North Carolina. It notes that North Carolina district attorneys are the only independent prosecutorial offices in the nation that do not have fiscal responsibility. It provides statistics on court funding levels, average prosecutor caseloads, and legislative priorities such as discovery reform and addressing claims of racial discrimination in prosecution.

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240 views29 pages

The State of Prosecution in North Carolina

The document discusses the role and resources of prosecutors in North Carolina. It notes that North Carolina district attorneys are the only independent prosecutorial offices in the nation that do not have fiscal responsibility. It provides statistics on court funding levels, average prosecutor caseloads, and legislative priorities such as discovery reform and addressing claims of racial discrimination in prosecution.

Uploaded by

NC Policy Watch
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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The State of

Prosecution
in North Carolina
March 30, 2011
Topics to Cover
 Role of the DA

 Statewide Look

 Court Funding

 Legislative Priorities
“The duty of the
prosecutor is to
seek justice, not
merely to convict”

American Bar Association


Constitutional
Obligations
 Office of DA Created: Article IV

 Advise Law Enforcement: Article IV Sec 18

 N.C. Gen. Stat. 7A-61: DA Calendars cases

 Victim’s Crime Bill—Article I section 37


Current Statewide
Resources
 44 Elected District Attorneys
 638 Assistant District Attorneys
 441 Victim Witness Legal
Assistants
 41 Investigators
Map of Districts
Statewide Superior Court
2009-2010
 100,854 Felony Filings

 70,756 Pending
Felonies

 1.8% Felonies go to
trial
Average Prosecutor
Caseload
 284 Felonies

 93 Misdemeanor Appeals

 943 District Court Criminal Cases

 2,843 Motor Vehicle & Infraction


Cases
Court Funding
 Less than 2% of Overall State Budget

 DA’s: AOC manages budget

 Defense Attorney’s: IDS manages budget

 DAs have had 63 positions eliminated since


7/1/10 and we have been in hiring freeze.
This is not the case for IDS.
Budget Comparison
2009-2010
District Indigent
Attorneys: Defense:

 100% Criminal  50% Criminal


Cases Cases

 Budget: $92  Budget: $132


million million
Funding the Court
system
 Judges, Clerks, Magistrates, and DAs should not be
put in competition with each other

 Many fees are not being collected

 Registration and Inspection violations are currently


dismissed with no cost. Assessing even half court
costs would generate millions of dollars.
Legislative Priorities
 Conference Independence

 Discovery

 Racial Justice
CONFERENCE
INDEPENDENCE
Conference
Independence
 North Carolina District Attorneys are the only
independent prosecutorial offices in the nation that
do not have fiscal responsibility

 District Attorneys are the only entity under AOC’s


control that do not serve in a neutral role within the
criminal justice system

 Despite the General Assembly’s intentions to fund


prosecutorial functions, funds are spread across all
AOC programs

 District Attorneys are the largest generator of


lapsed salaries under the AOC
Proposal for
Independence
 Truth in budgeting: Clear accountability of
prosecutorial expenditures

 Balance between DAs and IDS in an adversarial system

 DAs control management of scarce resources which


affect the essential functions of their offices

 Governed by a Board, administered by a Director


DISCOVERY
Discovery
 Requires court order for state-funded expert witness
or assistance of investigator
 Protects Crime Stoppers tips
 Protects Victim Impact Statements
 Definition of “complete file” excludes evidence
prosecutors do not know exists
 Provides for prosecutors acting in good faith
 Requires a judge to state reason for sanctions
RACIAL JUSTICE
Claims of Racial
Discrimination
 Selection of Case
 Grand Jury Selection
 Jury Pool
 Jury Selection
 Statistics under U.S. Supreme Court Ruling
 Anywhere else under “equal protection”
Racial Justice
 Person has to have murdered to qualify
 Provides for statistical comparisons of:
 County
 District

 Judicial Division

 Statewide

 20-year period

 Does not take into account actions of


defendant
Racial Justice Claims
 156 Motions Filed From Death Row

 45 Motions Pre-trial / Trial

 Hours expended: 3,500 July – January, 2010

 Fiscal analysis: Exceed $23 million

 Forsyth County
Continuing the
Conversation

 Contact your District Attorney

 Conference of D.A.s – 919-


890-1500

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