Pubdate: Sun, 13 Jul 2003
Source: Milwaukee Journal Sentinel (WI)
Copyright: 2003 Milwaukee Journal Sentinel
Contact:  http://www.jsonline.com/
Details: http://www.mapinc.org/media/265
Author: Felicia Thomas-Lynn

COUNTY CRIME CHARGING POLICIES LEVELED OUT

Standards Erase Gaps Among Municipalities

A person caught two or more times in the city of Milwaukee with a
single marijuana joint faces a criminal conviction, suspended driver's
license and a permanent criminal record.

Whereas, if that same scenario happened in Whitefish Bay, the person
would be given a citation, no matter how many times he or she was caught.

Such inequities are set to be remedied under landmark standards being
unveiled today that would treat defendants charged in Milwaukee County
non-felony cases equally across gender, class, racial and municipal
lines.

"To have justice, similarly situated defendants must be treated
similarly. There was really a range between municipalities. It wound
up being meaningful where you committed your offense. Charging
policies are basically discretionary, but it gave birth to disparity,"
said Milwaukee County District Attorney E. Michael McCann, who was
part of the project to come up with the new standards.

"Where variations existed between the city and some suburbs on how to
treat various types of miscreancy offenses, now all will be treated in
the same fashion," McCann said.

The guidelines, more often than not, could send many cases, such as
shoplifting and some battery cases that would normally be referred to
the district attorney's office, to municipal court.

However, in other cases, such as charges of possession of a controlled
substance - marijuana that's 25 grams or less - the first offense
would be prosecuted in municipal court, but second and subsequent
offenses would go directly to the district attorney's office in all
municipalities.

The yearlong project yielded standards that were compiled by a group
of police chiefs, prosecutors, municipal judges and attorneys from
Milwaukee, West Allis, Glendale, Shorewood, Whitefish Bay, South
Milwaukee and Oak Creek.

The new standards on how offenses are charged seek to establish
consistency and balance in the way that laws are enforced throughout
Milwaukee County, said Milwaukee County Circuit Judge Carl Ashley, who
along with U.S. District Court Magistrate Judge Patricia Gorence
spearheaded the sentencing guidelines project.

Ashley said the project grew out of the Public Trust & Confidence
study that examined the state of public trust and confidence in the
judicial system.

One of the recommendations from the study calls for a complete
examination that looks into the disparities that exist within
communities in the issuance of either citations or state charges for
the same offenses.

The Milwaukee Bar Association Community Relations Committee and the
State Bar of Wisconsin Diversity Outreach Committee took up the
challenge, said Ashley, who also served on the Public Trust &
Confidence Steering Committee.

Though most area African-Americans live in the City of Milwaukee and
the suburbs have a higher percentage of whites, Ashley said: "We
weren't necessarily trying to draw some kind of political statement
but to make it a level playing field. Like conduct should be treated
the same across the county. If it's harsh or soft, it should be
treated the same. It shouldn't matter where you live, but what you
do."

The group then ventured into uncharted territory, inviting leaders
from the 19 municipalities, the Milwaukee County district attorney's
office and the Milwaukee city attorney's office to the table to begin
a dialogue.

"The whole process was really about treating people equitable in
similar situations. You didn't want disparate treatment of people,"
said Whitefish Bay Police Chief Gary Mikulec.

Mikulec, who was one of the more outspoken members of the group,
jokingly said he served as the "litmus test" for the rest of the
suburban leaders.

"If it got by me, the others felt some degree of comfort with it. We
were all relatively on the same page," Mikulec said. "I think it was,
'If Mikey won't eat, nobody will.' "

Mikulec said he was concerned that Whitefish Bay could be perceived as
being biased, particularly when it came to the possession of
marijuana. "Arguably, people could say we were decriminalizing
marijuana," he said.

In effect, a person in Whitefish could be caught with a marijuana
joint several times and receive a citation for each offense and never
be referred to the district attorney's office.

"We are agreeing that previous arrest or conviction for second and
subsequent offenses, should go to the district attorney's office,"
Mikulec said. "What it's doing is giving everyone an opportunity to
change their lifestyle or face a criminal conviction."

Mikulec said that after a review of last year's citations, a
significant number could have been referred to municipal court rather
than the district attorney's office. He estimates that the guidelines
could send an average of 30 to 35 cases per year to municipal court,
at a cost-savings of about $25,000 annually.

That figure is based on the time that would normally be spent in
reviewing cases that are headed to the district attorney's office,
preparing the necessary state forms, trial time and obtaining the
necessary subpoenas.

Other local law enforcement officials participating in the project
also said they see the benefits of the collaborative effort.

"The Milwaukee Police Department fully endorses the new guidelines,
and I believe they will help to ensure equitable prosecution
throughout Milwaukee County," said Milwaukee Police Chief Arthur Jones.

Fox Point Police Chief Thomas Czaja, president of the Milwaukee County
Law Enforcement Association, said while law enforcement will reduce
overhead, municipal courts may see an increase in forfeitures.

Czaja emphasized that all charges are subject to discretion and will
be handled on a case-by-case basis.

"If implemented consistently," he said, "the guidelines will not only
increase fairness in how defendants are charged, but also serve to
reduce of ficer overtime. It will triage criminal cases, referring
only the most serious to the district attorney." 
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MAP posted-by: Richard Lake