Continuation Review Report

Transcription

1 NORTH CAROLINA CONFERENCE OF DISTRICT ATTORNEYS P.O. Box 3159, Cary, North Carolina Fax Continuation Review Report Presented to North Carolina House of Representatives and Senate Appropriations Committee February 1, 2008 NC Conference of District Attorneys Page 1 of 22

2 CONTINUATION REVIEW FOR THE NC GENERAL ASSEMBLY 1. EXECUTIVE SUMMARY The North Carolina Conference of District Attorneys was established as a state agency in 1983 under General Statute 7A-411, to assist in improving the administration of justice in North Carolina by coordinating the prosecution efforts of the various district attorneys, by assisting them in the administration of their offices The agency consists and is governed by the Elected District Attorneys and has a staff in Raleigh to carry out their goals and objectives. The Conference was initially appropriated funds for an Director and an administrative assistant. Over the past 25 years the Conference responsibilities and activities have grown and consequently staff has increased to five fulltime employees. However, the majority of activities and materials produced to meet the prosecution needs across the state are done so through federal grants. The core staff of the Conference develops, supports and maintains those grant funds. Currently the general categories of services to prosecutors, victims of crime and the general public include: prosecution support, public outreach, research and planning and executive development. Prosecution Support The Conference of District Attorneys provides support to the District Attorney s and their staff through training, technical assistance, publications, materials and technology. State funds provide three training programs each year to educate over 1,200 prosecutorial employees. Furthermore, grant funds provide numerous topic-specific programs that train prosecutors and allied professionals such as law enforcement, social services and victim advocates, on specific criminal issues. The Conference offers technical assistance and research on legal issues including domestic violence, sexual assault, DWI, child abuse and homicide. This assistance also includes the development of desktop reference manuals and other materials. Public Outreach The Conference provides outreach and public education to a variety of audiences. The passage of the victims rights amendment prompted the need for extensive training and more specific materials for use by the Victim Witness Legal Assistants. In addition, the Conference developed and continues to publish and distribute a variety of informational and educational materials for victims of crime. The Conference also creates public education programs for use by District Attorneys in educating the general public on issues surrounding impaired driving, domestic violence and victims rights. In addition, Conference staff serves on numerous committees and working groups representing the prosecution perspective in the development of policies and programs. As well, Conference staff responds to numerous inquiries from the general public and members and staff of the General Assembly. Research and Planning An important function of the Conference of District Attorneys is to identify, assess, and research emerging issues, programmatic effects and resource impact on prosecution. As such, the Conference, throughout its existence, has conducted and published a number of small research projects. However, this essential function is limited by staffing, expertise and other restrictions. Executive Development One critical function of the Conference is to provide a forum for Elected District Attorneys to promote efficient, productive and ethical prosecutorial offices. This function is accomplished through strategic planning, conferences, executive committee meetings, newsletters and management workshops for District Attorneys. An orientation program is provided for newly elected and appointed District Attorneys. Impact and Influencing Factors The activities of the Conference have a focused impact on a variety of audiences. Through training programs, the Conference strives to ensure that law enforcement and prosecutors across the state have the most up-to-date knowledge to effectively address crime. Additionally, the Conference educates victim service providers on victims rights and provides materials to victims of crime to assist them as they interact through the criminal justice system. NC Conference of District Attorneys Page 2 of 22

3 The two major influences on the development of Conference programs and initiatives relate directly to law enforcement and the General Assembly. Law enforcement investigation and reporting has a direct impact on the effectiveness of prosecution. To ensure thorough and quality prosecution, the Conference conducts many seminars to ready law enforcement. Moreover, when the General Assembly passes new criminal laws and procedures, the Conference educates prosecutors on those requirements and ensures that law enforcement is in compliance with newly enacted legislation. Recommendations Two primary areas of concern for the Conference are the rise in gang violence and the increasingly complex field of capital litigation. While both these areas continue to have a great effect on prosecution in our state, the Conference does not have any funding to train or provide support regarding these issues. The Conference continues to seek funding in these areas. Of the services offered to prosecutors, the area with the greatest room for growth continues to be program research and evaluation. If the Conference was expanded, it could concentrate efforts in this area. Thus, we would be able to better identify programs and policies, while creating greater efficiencies and effectiveness in the prosecution function. Moreover, such expertise would provide information on the fiscal and practical impact changes in criminal law and procedure create. The final recommendation is to provide the Conference with its own technology resource. Currently, District Attorneys are reliant on the Administrative Office of the Courts to supply all technology resources. While the AOC strives to meet the needs of prosecutors, their primary focus and responsibilities are to the courts. Clerks, magistrates and judges have technology and information needs that are vastly different from prosecutors. Therefore, in order to equip District Attorneys with the information they need to effectively process their caseloads, comply with statutory requirements, and do their job, a technology initiative with a specific prosecution focus needs to be put in place. 2. CURRENT ENVIRONMENT 2.1. Program Description Statute The Conference of District Attorneys was established as a state agency in 1983 under General Statute 7A-411. "There is created the Conference of District Attorneys of North Carolina, of which every district attorney in North Carolina is a member. The purpose of the Conference is to assist in improving the administration of justice in North Carolina by coordinating the prosecution efforts of the various district attorneys, by assisting them in the administration of their offices, and by exercising the powers and performing the duties provided for in this article." Mission and Goals Mission Statement: To serve the offices of the District Attorneys in their pursuit of justice and improvement of the administration of criminal law for the benefit of the people of North Carolina. Goals: 1. Resources Identify needs and secure and provide resources for the office of District Attorney. 2. Law Reform Generating, refining and effecting improvements in the criminal law. 3. Training Continuing quality training that meets the diverse needs of the offices of District Attorneys. 4. Member Commitment Members are committed to the organizations mission and projects. 5. Public Education Ongoing proactive effective program to communicate facts about District Attorneys. NC Conference of District Attorneys Page 3 of 22

4 About the Conference The Conference is governed by the elected district attorneys and assisted by a staff located in Raleigh. This office provides many services to the State of North Carolina. These services reach not only to the District Attorney offices, but expand to victims of crime, law enforcement, and other allied professionals and agencies involved in the investigation, evaluation, charging, prosecution, and appeals of criminal cases. Growth of the Conference Beginning in 1983, the North Carolina General Assembly provided funding for a Director and an Administrative Assistant for the Conference. That staffing level remained until 1996 when a legal assistant position was added coinciding with a significant increase in prosecutors and support staff. In 1997, after the citizens of North Carolina voted for a constitutional amendment to provide victims rights for citizens of this state, one position was added to assist in the training and implementation of the enabling legislation that was passed during the next year. As public concern has increased in specific crime areas, the Conference has worked to support and assist prosecutors practicing in these areas. In 2003, the Conference received federal funds to establish the first resource prosecutor. This person has been responsible for providing training and technical assistance to prosecutors and law enforcement in DWI and traffic safety issues. Following the success of this program, the Conference received two additional grant-funded positions in the area of domestic violence/sexual assault and child abuse and neglect. In 2007, the Conference worked with the Administrative Office of the Courts to establish a Chief Resource Prosecutor position to ensure that the in-house resource prosecutors were providing the optimum counsel and training. Budget History The Conference of District Attorneys budget in 1983 was $96,323, increasing to $341,282 in , after twenty-five years of service. This amount includes salaries and benefits for five state funded employees, minimal travel, and operating expenses. This budget is completely separate from the District Attorney s budget, but both reside and are managed within the Administrative Office of the Courts. For example, the Conference funds pay only for staff, travel and operating expenses. The District Attorney s office budget contains funding for travel and training in-state to include: attending the Association Meetings, Support Staff Conference (both which are implemented by the Conference), travel from courthouse to courthouse in multi-county districts, travel to and from interviews with witnesses, victims of crime, experts, investigators, and meetings,. The total District Attorney instate travel and training budget for 2007 is roughly $1.1 million. History of Programs In the early years of administration, from 1983 until 1992, the Conference provided minimal educational programs. The Elected District Attorneys Conference was held twice a year. In addition, the Conference held a victim witness assistant conference and a legal assistant conference once a year. There were no training programs for prosecutors other than the association meetings (held twice a year) for continuing legal education credits and the new prosecutors school, both of which were conducted by the Institute of Government. As public concern increased surrounding drug crimes, domestic violence, sexual assault, child abuse, and litigation and associated sciences became increasingly complex, a need for more comprehensive prosecutor training was identified. The Conference began with small grants to implement trial advocacy programs and specialty topics, including DNA issues, firearms, blood spatter, drug prosecution, etc. During this same period, the Elected District Attorneys identified law enforcement reporting as a priority issue. The Conference directed that all trainings would include a law enforcement element, because thorough law enforcement reporting has a direct impact on the effectiveness of prosecution. In 2000, the Institute of Government notified the Conference that they would no longer be able to develop and implement the prosecutors association meetings because they did not have the administrative staff to effectively produce these programs. The Conference of District Attorneys took on this new responsibility, without any additional staff or funding, and continues to implement the association meetings which are held twice a year. NC Conference of District Attorneys Page 4 of 22

5 Meeting the Needs: Turnover rate District Attorneys experience a high turnover rate in their offices, especially within the first 5 years of service. New prosecutors are most often assigned to District Court and handle a myriad of misdemeanor crimes including domestic violence and DWI cases. Because these types of cases can be some of the more complicated and litigious, and because of the high turnover rate among new prosecutors, a continuous training program is essential. Prosecutors Years of Creditable Service Number of Prosecutors Less than 5 years up to 10 years up to 15 years up to 25 years 63 The high turnover rate occurs because of three influencing factors: 1. Low pay North Carolina Prosecutors are the lowest paid government attorneys in the state. 2. Large law school debt The high cost of legal education and the resulting costs of school loans make it virtually impossible to stay in a prosecutor position and make loan payments. 3. Training ground The District Attorney s office is known as an excellent training opportunity for young lawyers. They can get extensive courtroom and trial experience in a short period of time, which prepares them for private practice Service Statements/Resource Allocation Funding Source # FTE s Costs PROSECUTION SUPPORT State 2.32 $123, Federal Grant 3.25 $174, Training To educate and train prosecutors, law enforcement, and other allied professionals and agencies in the requirements necessary to successfully investigate and prosecute criminal cases. The Conference develops and implements trial advocacy programs and special topic courses for prosecutors on a variety of legal issues, as well as computer training and case management. In addition, the Conference develops and implements training for the support staff of District Attorneys, state and local law enforcement, and other allied professionals. In 1995, District Attorneys directed the Conference to include law enforcement training in all aspects of training initiatives. In 2000, the Institute of Government asked the Conference of District Attorneys to take over the duty of providing prosecutors with their bi-annual association meeting which provides mandated continuing legal education hours. Technical Assistance To provide technical assistance on legal and procedural issues to prosecutors, law enforcement, and other allied professionals and agencies in the investigation, evaluation, charging, prosecution, and appeals involving criminal cases. The Conference of District Attorneys serves in a resource capacity to assist prosecutors across the state in evaluation, charging, prosecution, and appeal of cases involving many complex areas of prosecution. These include, but are not limited to: DWI and other traffic issues, domestic violence, sexual assault, child abuse, and other criminal cases. In addition, it serves as a resource to law enforcement, social services workers, guardian ad litem, victim advocacy agencies, school systems, and other state agencies and private entities. Publications and Materials To develop, publish, and provide information and materials to prosecutors, law enforcement, victims of crime, and other allied professionals and agencies to assist in the investigation and prosecution of criminal cases. The Conference publishes a number of newsletters directed to prosecutors, support staff and law enforcement. In addition, it publishes training manuals, brochures, videos and other materials which assist District Attorney NC Conference of District Attorneys Page 5 of 22

6 personnel, law enforcement and the public who is served by the District Attorneys. The Conference also develops and maintains a website which has training information, handouts, newsletters and other materials and links for prosecutors. Technology and Equipment To identify and provide necessary technology when available to prosecutors. The Conference serves a vital role in ensuring that District Attorneys offices are provided with adequate and efficient technology and equipment to effectively prosecute cases and provide discovery. The proper equipment and proficient use of technology is expected in today s society because of television programming such as Law and Order and CSI. Jurors expect entertainment in the presentation of forensic and physical evidence as seen on TV. The Conference provides equipment such as LCD projectors, Elmo presentation systems, and laptops to District Attorneys offices when grant funding is obtained. This equipment gives prosecutors the ability to present their cases without losing the attention of their jurors, which is critical in today s environment. The equipment provides a way to show documents and pictures in a better format for the jurors to see. The Conference strives to bring technology, not only onto the prosecutor s desk, but into the courtroom as well. PUBLIC OUTREACH Funding Source # FTE s Costs State.67 $39, Federal Grant.75 $41, Victims' Rights To provide prosecutors and victim witness legal assistants with materials, training, and suggested protocols for the implementation of victims rights. The Conference develops materials, training and suggested protocols for the implementation of victims' rights services provided by the District Attorneys' offices. History NC Conference of District Attorneys was charged with responsibility for the implementation and effectiveness of the Fair Treatment for Victims and Witness Act in As such, the Conference was responsible for conducting training for victim witness assistants. With the passage of the Crime Victims Rights Act in 1999, the District Attorneys assumed increasing responsibilities regarding crime victims. Due to the many changes with victims rights, the Conference developed and published a victims rights reference guide for all Victim Witness Legal Assistants. In addition, the office developed and produced a printed victims rights brochure and video to ensure that all crime victims are apprised of their rights. As legislation changes and affects the rights of crime victims, it is the responsibility of the Conference of District Attorneys to advise District Attorney staff of these changes, ensuring that all victims of crime are provided their constitutional rights. Outreach Programs To develop and provide information and materials for prosecutors to use in community education programs. The Conference is instrumental in providing supporting programs for District Attorneys to reach out to their communities on a variety of topics such as: You Drink & You Drive, You Lose campaigns; public service announcements provided in English and Spanish for Driving While Impaired, Domestic Violence, and Victim s of Crime; and presentations for the elderly on telemarketing fraud. Prosecutors use these materials in outreach programs in their communities. Informational Resource To educate and respond to inquiries by public and private entities regarding District Attorneys, their opinions and activities on topics, laws and legislation. This office serves as an informational resource to District Attorney office s, law enforcement, the General Assembly, media, and other allied professionals within the criminal justice system. It serves as a resource center to answer questions and informational inquiries by public and private citizens regarding criminal justice and court NC Conference of District Attorneys Page 6 of 22

7 system related issues. To facilitate the transfer of such information, the Conference s website contains information about victim s rights, court information, and links to individual District Attorney websites. The Conference represents the District Attorneys with many state agencies, departments, commissions and private nonprofits and the North Carolina General Assembly. The purpose of this liaison work is to (1) educate the various entities as to the role of the District Attorney, concerns and issues regarding prosecution and (2) provide assistance upon request. The goal of this work is to improve the quality, efficiency and outcomes of our criminal justice system. Liaison To promote and educate public and private entities on the dynamics of the District Attorney s office, upcoming laws that could effect prosecution and victims of crime, and to serve as a liaison to promote collaboration between all criminal justice agencies. Conference staff members serve on a variety of boards statewide such as the Interagency Council supporting the rights of victims, North Carolina Victims Assistance Network, MADD, Child Fatality Task Force, etc. RESEARCH & PLANNING Funding Source # FTE s Costs State.14 $9, Federal Grant 0 $ - To identify, assess, and research emerging issues, programmatic effects and resource impact on prosecution and the criminal justice system. The Conference conducts research projects and programs on needs and trends affecting prosecution and the Office of District Attorney. RESOURCE PROCUREMENT Funding Source # FTE s Costs State.53 $39, Federal Grant 0 $ - To identify additional needs within the prosecution function and seek avenues for meeting these needs. State Allocation Presently the Conference of District Attorney s state appropriated budget includes the salary and benefits of five state funded employees and operational costs. However, there has never been a budget to provide the necessary training, equipment and materials needed on a regular basis for new prosecutors or prosecutors advancing to prosecute more difficult cases. Grant Procurement & Management The Conference of District Attorneys has relied upon federal funds to provide much needed training and resources to not only the District Attorneys, but also victims of crime, law enforcement, and other allied professionals and agencies in the investigation, evaluation, charging, prosecution, and appeals involving criminal cases. This office is responsible for the management and identification, grant procurement, and grant administration of all federally funded projects, publications, and training. Conference staff writes and applies for all federally funded grants, which upon the award of the grant will then coordinate and manage the grant. Also, this office is responsible for tracking grant funded projects and expenditures. Technology Systems To represent the prosecutor perspective in the development of technology systems. The Conference coordinates with District Attorneys to identify technology needs and concerns and relays those issues to the AOC Technology Services Division. This activity includes committee development and needs assessment. The Conference strongly encourages the AOC Technology Services Division to seek the best options for implementation of a case management system, an automated discovery system, the development of meaningful statistics, and support of new technologies. Currently, the funding provided by the NC General Assembly for NC Conference of District Attorneys Page 7 of 22

8 discovery automation, given to the Administrative Office of the Courts in 2005, has not yet been implemented in any District Attorney office. Funding Source # FTE s Costs State.70 $53, MANAGEMENT OVERSIGHT Federal Grant 0 $ - To manage the programs, projects, assistance, and daily operations of the Conference of District Attorneys for the support of the prosecution function. Program development and implementation of all facets of Conference activities are overseen in a number of areas. Activities are divided into legal and administrative functions for all programs and projects including training, publications, technical assistance, technology and resources. The Deputy Director is responsible for overseeing all administrative functions as well as overall project management. The Chief Resource Prosecutor is responsible for the development and quality of all legal services and content produced by the Conference. Both positions report directly to the Conference Director. EXECUTIVE DEVELOPMENT Funding Source # FTE s Costs State.64 $37, Federal Grant 0 $ - To develop and maintain a forum of Elected District Attorneys which promotes efficient, productive and ethical prosecutorial offices. Conference Meetings The Elected District Attorneys meet twice a year. The meetings include legal updates and presentations on topical issues specific to Elected District Attorneys, i.e. the Attorney General, State Bureau of Investigation, Chiefs of Police, Sheriffs, US Attorneys, Administrative Office of the Courts. Management Working Groups In an effort to improve the management of prosecutors offices, the Conference hosts Management Working Groups, made up of districts of similar size. These groups provide opportunities to share best practices and discuss solutions to problems and concerns in the Office of District Attorney. Executive Committee The Executive Committee is the governing body of the Conference. It is made up of eight District Attorneys and is staffed by the Conference Director. The Committee meets monthly to make policy decisions regarding Conference activities and direction. Newly Elected s Orientation The Conference develops and implements an orientation program for newly elected District Attorneys. This program provides an overview of administrative procedures and policies, management programs, and discretionary issues. In addition, the orientation allows for introductions to AOC personnel and programs. 3. PERFORMANCE MEASURES Prosecution Support Training: To educate and train prosecutors, law enforcement, and other allied professionals and agencies in the requirements necessary to successfully investigate and prosecute criminal cases. For the reporting period of , the Conference of District Attorneys provided a significant amount of training to prosecutors, support staff; and law enforcement. Additional training participants included judges, magistrates, victim advocates, deputy attorney generals, legislators, social workers, and U.S. Attorneys. NC Conference of District Attorneys Page 8 of 22

9 Performance Measure: Performance Measure State Funded Grant Funded ( ) ( ) Number of courses provided: Number of prosecutors/support staff trained: 3,106 1,411 Number of law enforcement trained: 0 2,515 Number of others trained: *For a listing of all courses and number of participant breakdown please see the appendix. Cost Savings: * The Conference of District Attorneys saves the state an average of $ per person per year ($440,400 for 600 prosecutors) by providing Continuing Legal Education hours to prosecutors during the Prosecutor Association meetings. To obtain CLE hours outside of this state agency would cost an average of $65 per CLE hour totaling $780 per person. * Since the Institute of Government released the responsibility of providing and implementing the Prosecutor s Association Meetings to the Conference of District Attorneys in 2000, this office has saved the state over $24,000 in audio visual equipment rentals with conference center hotels. Through grant funds our office purchased multiple laptops, LCD Projectors, and elmo presentation systems to use at all trainings provided by our office in order to reduce costs to the state. Technical Assistance: To provide technical assistance on legal and procedural issues to prosecutors, law enforcement, and other allied professionals and agencies in the investigation, evaluation, charging, prosecution, and appeals involving criminal cases. Performance Measure: Technical Assistance Requests Total Number of Calls/ s from: Prosecutors Law Enforcement Victim Advocates Other Years Total Number of Briefs 6 Total Number of Memorandum of Law Prepared 107 Total Number of Motions Prepared 117 Total Number of Cases Evaluated/Adjudicated Publications and Materials: To develop, publish, and provide information and materials to prosecutors, law enforcement, victims of crime, and other allied professionals and agencies to assist in the investigation and prosecution of criminal cases. Performance Measure ( ): Performance Measure State Funded Grant Funded Number of Publications & Resources Developed/Distributed 43 26,477 NC Conference of District Attorneys Page 9 of 22

10 Cost Savings: * The Conference of District Attorneys saves the state an average of $65.00 per resource manual that is written and published. The average cost to have an outside professional write, edit, and produce a manual is $ The total savings for the DWI Manual, Volume II was $45,500. This office has been able to secure grant funding to produce resource manuals for prosecutors to use in trial and research for cases on a variety of topics. These resource manuals cannot be found for purchase in any other North Carolina state or private agency. These resource manuals are written solely to assist prosecutors with difficult and complex cases. Thus far this office has written, published, and distributed a DWI Volume I and II Resource Manual, a Sexual Assault Resource Manual, and a Child Physical Abuse Resource Manual. Through federal funding, in Spring of 2009 a Child Sexual Abuse and Domestic Violence Resource Manual will be published and distributed to North Carolina prosecutors. Number Published Publication and/or Material /Purchased and Distributed NCCDA: Website: 43 NCCDA: Child Sexual Abuse Manual Prosecutor Resource Manual 375 NCCDA: Sexual Assault & Stalking Prosecution Resource Manual 300 NCCDA: Sexual Assault Training Booklet for Law Enforcement How to Investigate Sexual Assault 1000 NCCDA: Sexual Assault Video: The Real Face of Rape 500 NCCDA: DWI Manual, Volume 1 and Volume 2 Prosecutor Desktop Reference 600 each NCCDA: DWI Primer (Quick Reference Guide) 1647 NCCDA: The Prosecutor Newsletter 650 quarterly NCCDA: The Cornerstone Newsletter for District Attorney Support Staff NCCDA: Newsletters Highway Safety (Total for ) Child Abuse (Total for ) Violence Against Women (Total for ) 550 bi-annually 10,700 5,100 4,005 NCCDA: Domestic Violence Video Evidenced Based Prosecution 1050 Technology and Equipment: To identify and provide necessary technology when available to prosecutors. Performance Measure: Equipment Purchased # Provided to DA s offices (grant funded) Laptops 10 Elmo presentation system 5 Scanners 10 LCD Projectors 15 Digital Cameras 42 Copiers for District Attorney offices 2 Copier for District Attorney s Conference 1 NC Conference of District Attorneys Page 10 of 22

11 Cost Savings: * The purchase of three copiers using grant funds was a total savings to the state of $8, * The purchase of 42 digital cameras to document domestic violence victims and homicides was a cost savings to the state of $7, * The purchase of 10 laptops at an average of $2000 a piece was a cost savings to the state of $20,000. Public Outreach Victims' Rights: To provide prosecutors and victim witness legal assistants with materials, training, and suggested protocols for the implementation of victims rights. Performance Measure State Funded Grant Funded Number of Materials or Suggested Protocol Developed/Distributed 0 120,296 Cost Savings: * G.S. 15A-832 The Victims Rights Amendment passed in 1999, mandated that the District Attorney s office provide a pamphlet or written material to victims of crime explaining their rights as a victim of crime. This office has provided this written material to all District Attorneys offices statewide using grant funding. Since 2002, this has been a total cost savings to the state of over $20,000. Material or Suggested Protocol NCCDA: Victims Rights Video: Understanding the Criminal Justice System: A Victim s Perspective NCCDA: Victim Brochure (Spanish and English): Victims Rights Amendment Handbook Number Published and Distributed 2nd printing: English 50 Spanish - 50 English version - 2nd printing: 50,000 3rd printing: 15,000 Spanish Version - 2nd printing: 10,000 3rd printing: 5,000 NCCDA: Victims Rights Manual for District Attorney Support Staff, Version 2 Edition 450 NCCDA: Child Coloring Book (3rd printing) 4646 Brochure: Parents Guide to Sexual Assault 4200 Brochure: Confronting Sexual Assault 4200 Brochure: Incest 4200 Brochure: Rape in Marriage 4200 Brochure: Without Consent 4200 Booklet: I Told my Secret 2100 How Family Violence Effects Children 2100 Brochure: Just in Case...Information for Families Grieving Brochure: Just in Case...Guidelines in case your child is testifying in court What to do When the Police Leave A Guide for Survivors of Homicide Victims (2nd and 3rd purchase) NC Conference of District Attorneys Page 11 of 22

12 Outreach Programs: To develop and provide information and materials for prosecutors to use in community education programs. Performance Measure: Community Education Material Developed & Distributed Number Developed and Distributed NCCDA: Public Service Announcements DWI, Domestic Violence, Victims Rights 39 NCCDA: DWI Campaigns 39 NCCDA: Elder Abuse: Telemarketing Fraud Educational Tool 39 NCCDA: Victims Rights PowerPoint Presentation for Hispanic Victims 39 NCCDA: What is a Prosecutor? (Presentation for community and civic organizations) 42 Informational Resource: To educate and respond to inquiries by public and private entities regarding District Attorneys, their opinions and activities on topics, laws and legislation. Information and educational assistance requested by: North Carolina General Assembly members, staff & committees State Agencies Other States Media Private Nonprofits Corporations and Businesses General Public Performance Measure: # Other Educated/Trained Entities State Funded Grant Funded Other Law Enforcement 0 2,388 Allied Professionals 0 1,223 Community Groups and Civic Organizations Liaison: To promote and educate public and private entities on the dynamics of the District Attorney s office, upcoming laws that could effect prosecution and victims of crime, and to serve as a liaison to promote collaboration between all criminal justice agencies. State Funded Grant Funded Performance Measure: Representation Representation Number of agencies assisted 4 10 Child Advocacy Centers (CAC) Child Fatality Task Force Department of Health and Human Services North Carolina Coalition Against Sexual Assault North Carolina Coalition Against Domestic Violence Mothers Against Drunk Driving North Carolina Highway Patrol Governor s Highway Safety Program Governor s DWI Task Force Interagency Council of North Carolina North Carolina Victim Assistance Network NC Conference of District Attorneys Page 12 of 22

13 North Carolina Sheriffs Association North Carolina Chiefs of Police Wake County Domestic Violence Task Force Research & Planning To identify, assess, and research emerging issues, programmatic effects and resource impact on prosecution and the criminal justice system. Performance Measure: # of Research Reports Developed & Distributed 1984 Calendaring Criminal Cases in North Carolina Superior Courts 1987 North Carolina Workshop on Caseflow Management & Delay Reduction 1989 Problems in Prosecution: Current Resource Needs 1989 Special Committee on Prosecution Facilities 1990 Problems in Prosecution: The Growing Crisis in Our Criminal Courts 1991 Caseload Management in the District Attorney s Office 1994 Leadership, Management and Team Building 1995 Prosecution Management in North Carolina 1996 An Analysis of the North Carolina District Attorneys Resources 1998 Innovative Prosecution Program 1999 Victim s Rights Impact Study 2005 NC Cold Case Assessment Program 2006 Assessment of Needs & Predictions for the Future 2007 Child Abuse Homicide Legal Outcomes Resource Procurement State Allocation / Grant Procurement and Management: To identify additional needs within the prosecution function and seek avenues for meeting these needs. Performance Measure: Amount of grant funds secured to meet Conference priorities. Cited below is a chart depicting the state funds allocated to the Conference of District Attorney s office versus the grant funds secured from the NC Governor s Crime Commission, NC Governor s Highway Safety Program, the U.S. Department of Justice and the National District Attorneys Association since the year of Fund Allocation State Allocation Federal Funds 2002 $ 182,384 $ 391, $ 175,942 $ 562, $ 239,961 $ 751, $ 265,427 $ 522, $ 287,245 $ 614, $ 341,282 $ 555, Fund Allocation State Allocation Federal Funds NC Conference of District Attorneys Page 13 of 22

14 Technology Systems: To represent the prosecutor perspective in the development of technology systems. Performance Measure: Types of technology systems identified and tracked. Case Management Statistical Reporting Automated Discovery Management Oversight To manage the programs, projects, assistance, and daily operations of the Conference of District Attorneys for the support of the prosecution function. Performance Measures for 2007 Number of employees supervised: 8 Number of projects/publications edited and approved: 62 Number of trainings managed: 21 Number of grants managed: 7 Executive Development To develop and maintain a forum of Elected District Attorneys which promotes efficient, productive and ethical prosecutorial offices. Performance Measures for 2007 Number of Elected District Attorney Conferences provided: 2 Number of Executive Committee Meetings held: 10 Number of Management Working Groups provided: 5 Number of Newly Elected Orientations provided: 1 4. LINK BETWEEN RESOURCES AND STATEWIDE/SOCIETAL IMPACT Conference programs have a widespread effect on the readiness of prosecutors and law enforcement to effectively address crime in North Carolina. In addition, the materials and information produced by the Conference are used by District Attorneys offices to inform and assist victims through the criminal justice process. Finally, the Conference offers educational and informational assistance to the staff and members of the General Assembly and the public at large on the effects of potential legislation and policies on the criminal justice system. Prosecution Impact: Through Conference training programs, prosecutors are provided the most up-to-date information on legal issues and technical advances. In addition, the Conference serves as a forum for raising and maintaining the ethical and professional standards of prosecutors statewide. Such a forum, allows interaction among colleagues in the same profession to share ideas, issues and problems and seek the most experienced insight resulting in just resolutions. The Conference also provides information on issues and trends that affect prosecutors across the nation. This information is invaluable to District Attorneys and chief prosecutors in determining where to focus limited resources for maximum impact. Law Enforcement Impact: The Conference s efforts to interact and train law enforcement have the following objectives: (1) to teach proper application of laws and legal principles, (2) to instruct on proper legal investigative techniques, (3) to promote better working relationships. These objectives all target the common goal of producing better cases for adjudication. NC Conference of District Attorneys Page 14 of 22

15 Victim Impact: Victim-oriented materials produced by the Conference for distribution by District Attorney offices provide victims with information about the statutory rights they have in the court system. In addition, the Conference also provides materials to educate and assist victims at they navigate through the criminal justice system. The objective is to provide a more productive and less stressful experience for victims of crime as their cases progress through the system. General Assembly and Public Outreach: The Conference provides the General Assembly and their staff with information concerning the needs of the prosecution function across the state. In addition, the Conference is available to educate legislators about issues and trends affecting prosecution. We also respond about the practical application and impact of new laws and changes to existing laws that are considered by the General Assembly. The Conference responds to numerous inquiries from the general public on issues involving the criminal justice system and District Attorney office in particular. 5. PROGRAM JUSTIFICATION 5.1 Rationale for Recommended Funding Level The current level of funding provides the foundation for limited Conference activity. The limited activity and programs provided through state funding include two Elected Conference trainings and two general prosecutorial training programs a year, minimal technical assistance, and some research. Through the state funded appropriation, the Conference is able to provide these very limited programs and services while leveraging its staff and activities to secure grant funds to provide a multitude of additional programs and services. All of these training programs, materials, publications, and research target the improved investigation and prosecution of criminal cases. 5.2 Consequence for Discontinuing or Reducing Program Funding Without the existing state funds, all services to prosecutors, law enforcement, allied professionals, victims, the public and the General Assembly would cease to exist. While minimum mandatory training programs could be picked up by the School of Government and / or the Administrative Office of the Courts (with additional funding) their core focus is not prosecution, but the criminal justice system at large. Grant funds could not be sought or managed without core staffing. Therefore, the bulk of activity and representation would have to be abandoned. One major result would certainly be the increase in case dismissals on technicalities which occur in both investigatorial and prosecutorial stages of criminal cases. The Conference has made a concentrated effort to train new prosecutors and law enforcement on existing laws, procedures and protocols. As the General Assembly has enacted new criminal laws, the Conference has led the state to ensure that not only prosecutors, but law enforcement and other allied professionals are up-to-date on the newest laws. New DWI Laws When House Bill 1048 was enacted in 2006, neither the Highway Patrol, the Justice Academy, nor the Community College System had any immediate plans to conduct educational programs for law enforcement before the effective date. The Conference conducted regional training programs across the state providing education and materials to thousands of prosecutors and law enforcement. Conversely, magistrates did not receive the training and have consequently caused hundreds of DWI cases to be summarily dismissed on technical issues and nuances in the new laws. Open File Discovery The Conference has assisted prosecutors, support staff and law enforcement in addressing this law and the practical application of delivering multitudes of documents in a thorough and complete manner. Additionally, the Conference has worked with the Administrative Office of the Courts to encourage delivery of an Automated Discovery System that will appropriately assist prosecutors in the delivery of discovery. Line-up & Interrogation Laws These new procedures will come into effect March 1, Because there are no immediate plans to train law enforcement on these new procedures, before the effective date, the Conference has developed a training program and model forms for prosecutors to use in teaching their local law enforcement. This will ensure that protocols developed will be developed in a timely fashion, proper procedures will be followed, and serious cases will not be dismissed on mere technicalities which might occur in the investigatorial stage. NC Conference of District Attorneys Page 15 of 22

16 Preservation & Destruction of Evidence New laws are coming into effect regarding the proper preservation and destruction of evidence. Because the new laws do not delineate how to practically administer the mandates, it is necessary for prosecutors and law enforcement to come together and develop new policies and protocols regarding evidence. The Conference is taking a lead role in bringing the different groups together to coordinate development for the preservation and destruction of evidence. All of the above initiatives have been implemented at little or no cost to the state. As evidenced above, without the additional staffing and programs provided to the Conference through grant funds, the Conference would not be able to assist in the proper application of justice. 6. EFFICIENCY RECOMMENDATIONS 6.1. Recommendations for Improving Services There is much room for growth and improvement in services offered by the Conference to North Carolina s prosecutors. Primary areas of need include gangs, capital litigation, research and technology. Gang Prosecution - With the increase in gang activity, there is an increase in the need for training, support and technical assistance for both prosecutors and law enforcement. As law enforcement and prosecutors address crimes resulting from gang activity they need the training and technical support to appropriately seek justice. Of particular concern is the development of awareness and protocols for schools and school resource officers to recognize and address gang activity within school systems. Capital Litigation - Another critical need is in the area of capital litigation one of the most complex, litigious and scrutinized areas of prosecution. It is incumbent upon experienced prosecutors to approach every aspect of these cases with the utmost professionalism and care. Reversals in these cases are costly both financially to the State and emotionally to the families of victims of homicides. The State currently expends large amounts of funding to ensure defense attorneys in capital cases are fully and professionally supported through the North Carolina Center for Death Penalty Litigation and the Capital Defenders Office. Yet, there are no funds to train and support prosecutors in these cases. Research & Evaluation - Criminal justice trends are constantly changing. The influx of methamphetamine, cybercrime and gang activities, as well as many other issues have had serious impact on prosecution in North Carolina. Additionally, there are many new advances in technology that can assist prosecutors in the application of their duties. The Conference could greatly benefit from a research and evaluation expertise to ensure that prosecution is directing its limited resources in the most effective and efficient manner. Technology Because prosecution, and consequently the Conference of District Attorneys, is under the management of the Administrative Office of the Courts, prosecution services are limited by AOC guidelines, point of view, decisions and allocation of resources. AOC develops programs, priorities and services with the focus on the Courts, which historically consists of Clerks and Judges. Because of this focus, prosecution needs and services provided by AOC do not necessarily consider or address specific prosecution needs. This is most readily apparent in the area of research and technology: Statistical Reporting The basis for statistics reflecting work in the court system is generated through court / clerk maintained records. The Automated Criminal Information System (ACIS) is a charged-based system. A single defendant may have multiple charges resulting from a single criminal act. Prosecutors deal with individual defendants, and not individual charges. ACIS does not accurately reflect an individual prosecutor or prosecutorial district s caseload. For example, in AOC s reporting it may appear that a prosecutor has dismissed numerous cases on numerous defendants. When in actuality, a single defendant s charges have been adjudicated through a plea that consolidated many charges. This has a deleterious effect on a District Attorney s ability to assess workloads, efficiency, and progress. The Conference of District Attorneys has been requesting a defendant-based system for NC Conference of District Attorneys Page 16 of 22

17 prosecutors for over ten years. Yet because this system does not fit the AOC perspective on recordkeeping, development has never progressed. Case Management System The AOC began development of a case management system over 13 years ago to assist prosecutors in the management of their caseloads. The program, while somewhat helpful to support staff in preparing forms and letters does not adequately assist prosecutors in assessing and managing their caseloads. Additionally the program has been too slow and cumbersome for our larger districts to ever utilize. Finally, the program does not allow a multi-county district to view their entire caseload. It only works on a county by county basis, which causes difficulty in caseload and docket management for the 25 multi-county districts. Automated Discovery System The General Assembly significantly changed the criminal discovery laws in Simultaneously, the General Assembly appropriated $3 million for an automated discovery system to assist prosecutors in providing voluminous materials to the defense. The AOC determined that such a program was best operated and managed as an enterprise system (from Raleigh). The process for development of this program has been significantly slowed because of efforts by AOC to build a program that would be robust enough to handle all other Judicial Branch document management needs in the future. To date, District Attorney offices have received no assistance for discovery and do not anticipate any assistance within at least the next year. All of these examples have led the Elected District Attorneys to the conclusion that our research & technology would be better provided if it came from a prosecution focus, not a court focus. The Conference would recommend that it be given its own technology support services and statistical analyst to work independent but in coordination with the AOC Recommendations for Reducing Costs The Conference of District Attorneys operates solely on a budget that provides the salaries and benefits of five state-funded employees, funding for limited in-state travel, and operating expenses. However, over the years, this office has been able to obtain federal funds to supplement prosecution, law enforcement, and other allied professional s training needs, resources, publications and materials, and services to victims of crime. Without statefunding all services discussed in this report would cease to exist thereby severing the central contact and resource between North Carolina District Attorneys and state and private entities. It would be detrimental to the projects and programs that have been created over the last quarter of a century by this office if funding was cut or reduced. There are many examples of cost-savings and revenue-generating programs throughout the state and across the country that are in prosecutor offices. The Conference is in the unique position to identify, evaluate and recommend such programs. However, the Conference does not currently have the personnel for such research and evaluation-based functions. Programs that generate revenue and can be self-sustaining are certainly of interest. For example, the Worthless Check collection program was enormously successful in its initial years in the districts where it exists. These programs recover restitution for local businesses and generate administrative fees that sustain the program. The administrative funds generated more than sustain the program. Excess funds that are reverted into AOC s budget may or may not directly benefit District Attorney offices. However, there is no incentive for a District Attorney to adopt such a program in their district and continually work with area businesses to promote its use. If the Conference of District Attorneys and the District Attorneys were allowed to apply excess administrative funds to supplement prosecutorial needs, more districts would benefit from the adoption of the Worthless Check Program and work towards its sustainability. And consequently, more North Carolina businesses would benefit from the program. There other programs such as restitution recovery and administrative costs on traffic offenses that have been implemented throughout the nation. Such programs address problems within the criminal justice system, benefit victims and the community, provides alternative resources for District Attorneys, and is self-sustaining. NC Conference of District Attorneys Page 17 of 22