Pubdate: Mon, 14 Feb 2005 Source: Lexington Herald-Leader (KY) Copyright: 2005 Lexington Herald-Leader Contact: http://www.kentucky.com/mld/heraldleader/ Details: http://www.mapinc.org/media/240 Author: Greg Stumbo Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) GROWING CASELOADS, LOW PAY STRAIN PROSECUTORS' OFFICES Kentucky prosecutors are talented men and women who are dedicated to their profession and who work tirelessly to keep our communities safe. However, they are facing a crisis of resources that is threatening their ability to safeguard the public. To fully assess prosecutorial needs, a bipartisan commission sent out surveys to all elected county and commonwealth's attorneys. We are still compiling their responses, but one thing has become clear: A major problem is that they lack the resources to handle the explosion of criminal cases that has occurred in the last few years. As a whole, prosecutors are handling 10,000 more criminal cases in circuit court than they did in 1996. Much of this increase is due to an exponential increase in drug crimes, particularly methamphetamine cases. Methamphetamine labs in Kentucky have been found everywhere from the trunks of cars to underground caves. Indictments for meth manufacturing and trafficking have increased by a staggering 452. In some criminal circuits, methamphetamine cases represent 15 percent to 30 percent of the criminal caseload. This caseload increase has added to the burden of overtaxed county and commonwealth's attorneys. Most prosecutors are handling cases in numbers that are well above recommended levels. Even this vast increase in caseloads does not accurately reflect all of a prosecutor's job duties. For example, every case that goes before a grand jury, whether there is an indictment or not, requires a prosecutor to present that case. This is a time-consuming and painstaking process. However, this effort may not be reflected in statistics that count only cases involving returned indictments. County and commonwealth's attorneys have additional responsibilities in the protection of our children. With respect to child sexual abuse cases, prosecutors work with other professionals on child sex abuse multidisciplinary teams. These teams work together so that every effort is made to minimize the trauma experienced by child victims. Prosecutors also have had to adapt to the state's changing demographics to effectively promote criminal justice. For example, as the population ages, prosecutors are devoting more and more time to protecting the elderly. Many seniors have been victims of physical abuse or financial scams that strip them of their savings. Some commonwealth's attorneys, such as Dave Stengel in Jefferson County, have developed elder-abuse units to combat these crimes. Another example is Kentucky's growing Hispanic population, now estimated at 70,000. To adapt to this, Fayette County Commonwealth's Attorney Ray Larson has instituted a weekly radio show on a local Spanish-language station to bring much-needed criminal justice information to the Spanish-speaking population of Central Kentucky. Prosecution is also becoming more dangerous. State prosecutors are threatened hundreds of times a year across the United States. In 2001, 81 percent of prosecutors serving communities of 250,000 or more reported a threat on a staff member or a work-related assault. In Kentucky, we are all too aware of how dangerous the prosecutions profession can be. Kentucky prosecutors have been the subject of contracts on their lives that law enforcement personnel were fortunately able to thwart. Unfortunately, Commonwealth's Attorney Fred Capps was gunned down in his home in June 2000 by a man whom he was to prosecute for child sexual abuse later that day. Although the profession is becoming more and more dangerous, there are many public servants who are willing to face the risks but are driven from the profession because of the low starting salaries and lack of pay advancement for career prosecutors. A recent article in the American Bar Association Journal highlighted the problem in a study of Florida prosecutors. It found that Florida prosecutors have a turnover rate of 20 percent and that just 54 percent of new prosecutors last three years. Our surveys have indicated that the same problems exist in Kentucky. Many of the surveys have reported not only a problem recruiting talent because of low starting salaries, but a problem retaining prosecutors because of financial obligations, such as mortgages and student loan payments. As the General Assembly examines ways to solve the state's fiscal crisis, legislators should take a hard look at increasing the funding levels for state prosecutors. Government's most important function is the protection of the public safety. Without safe communities, we cannot progress in other important areas. County and commonwealth's attorneys work tirelessly to maintain the safety of our communities and our state. Their work is too difficult and too important to suffer from a lack of financial support. - --- MAP posted-by: Derek