OP here.
yomisterd wrote:what are your thoughts generally on the justice system?
Reform or nah?
Reform in many ways. As an ADA I'm obviously biased, but off the top of my head:
- We need to have a larger gap between punishment for victimless crimes and crimes where someone is, in any way, shape or form, affected. On the one hand we need the system to teach people, and that 7th retail theft means you haven't learned anything so you need harsher punishment. On the other hand, if your 7th retail theft was for a pen that cost $3, I think its harsh to require jail time for that.
- With that said, the juvenile system is absolutely nuts. Unlike adult court, juvenile is entirely outside of my control in terms of sentencing. I get to reduce charges and prosecute trials (adjudication hearings) if they go there, but I can't do plea deals and the office of juvenile probation decides all punishments. To say its a "slap on the wrist" is giving it too much credit. I had a rape case with a juvenile last month. 16 year old raped 14 year old step sister. She gets away, calls cops. Juvenile admits it happened. He gets PROBATION, community service and mental health counseling. The girl gave a victim's impact statement in court and sounds like she will be mentally scarred for life, has developed numerous mental disorders due to the rape, grades are basically failing now, cries every day, etc etc etc. Kid is sitting there smirking as they are reading him his "punishment". If kid was 2 years older and did the EXACT SAME THING, he would be going away for 10-20. I wanted to punch that kid in the face. Juvenile is way way way too lenient. I don't care about the stupid drug crimes, but when you assault someone or worse you deserve to go away.
- Any system is gonna have some flaws, but I think overall we do a decent job on maintaining a fair structure to both parties.
You mentioned that people leave all the time - where are those people heading?
Small firms, whether civil lit or crim defense. Some people have left for the attorney general's office, some have left for fed gov jobs like the department of labor that pay more and have better benefits. The last guy who left basically got an offer to double his salary at a midlaw firm and couldn't say no. Its mostly location or money based, I truly don't know anyone who is miserable at the office.
When you say they leave for more money, what sorts of positions have you seen these people go into? Why is it considered a stepping-stone? Are people taking these jobs for the experience and then jumping ship, or are they taking them with plans to stay and then getting offers?
I think its a mixture. The job is a good stepping stone cause you develop a LOT of hands on skills. When I worked at a firm I did some memos and research. Here I was in court by day 3 by myself with no supervision. By my 2nd week I was getting thrown into proceedings that I haven't even seen before just because "sorry we don't have anyone else that can go, try your best". Its VERY much a trial by fire situation, and some people love it while others just can't deal with the stress. The amount you will learn in 1 month here will be greater than what you learn in a year at the firm. I have worked both (I did firm work for a year prior to moving) and its literally night and day. I think people are taking jobs cause of the money. SOme come here looking for a stepping stone while others come here thinking they will work here forever and then see a 50+% raise staring them in the face and can't say no. Its tough to blame them, its a huge money difference.
How are lateral applicants with little to no connection to the city/county viewed? I will be relocating to an area (midwestern city roughly similar size as your city) I have no connection to due to SO's job.
The smaller the county the tougher the sell if you're not from there in my experience. My county is right on the edge where they will ask many questions but they will still take people with no ties if they need them. You definitely need a perfect answer to "why here?", and if you move with an SO and potentially buy a house that should solve everything.
What kind of mentoring/training do you get? How often are you in trial? How do you find dealing with opposing counsel?
Very little training. Larger offices have full time training programs. We don't have the budget for that. I was in court by myself with no supervision on day 3. I was doing preliminary hearing my 2nd week. Its a lot to take in and to be honest I came home friday after my first week and flatout told my friend I didn't think I could do this job because I had 100 new things being thrown at me with little training or explanation.
Supervisor - "Here, can you go do summary appeals downstairs in half an hour, I need you to cover for someone".
Me- " But...I don't even know what those are or how to do them!"
Supervisor - "Well, we don't have anyone else that can do it so just go down there, talk to the officers and see what they wanna do, then just call the case and explain the charges, see what defense counsel wants to do, and if they want a hearing then just direct the officer and make a closing statement."
It was pretty terrifying, but you get through it. I did my first preliminary hearing without ever seeing a preliminary hearing done. It was a 1st degree felony with 4 witnesses. I probably sweat through my entire suit during tat ~30-40 mins. By the end of my 2nd month I was feeling very confident. As far as trial, I go to trial about once every month, maybe less. Defendants always talk a big game until the week of and then they fold and plead. I have a trial scheduled for Monday where defense counsel has indicated his guy wants to go to trial. My response was "Cool, I'd love to get another jury trial and I've got solid witnesses so I'll see you Monday morning." An hour later he called me saying his guy is pleading.
Opposing counsel is mostly good. We have to work together a lot so there is little advantage to get nasty with one another. They also know that cases assigned to us are entirely at our discretion. If a defense attorney pissed me off I can basically just tell him he isn't getting any more deals, ever, and his guy can just go to trial on all his cases or plead open to the judge. No defense attorney wants that.
1) How much can you talk about criminal justice reform/conviction integrity/etc during the job. Obviously different offices/regions have different culture, but I'm wondering if you're even allowed to openly talk about stuff like black lives matter, police brutality, implicit bias and Batson, etc. or if you're expected to be 10000% yes-men.
2) A trusted mentor told me that you have to have a strong stomach for this kind of work. Paraphrasing here: "You can do alot of good but you have to face that fact that with a high case load, you WILL put people in jail for stuff they didn't do. Your best intentions won't matter because there simply aren't enough hours in the day for you to talk to every cop/witness/chase every possible lead on every single case." Is this true in your experience, hyperbole, or something of both?
1. I spoke of the reform I would focus on in the first part of this post. I wouldn't say you're a yes man, but you probably shouldn't be talking negatively about the police as an ADA, can't really be anti death penalty, etc.. Its fine if you are, but then you are sort of going against everything your office believes in.
2. He is right. My case load is mid 100s right now and going up every week. I don't know the name of every single defendant I have, let alone what plea deal I offered. I had 2 guilty pleas yesterday on cases I don't remember hearing about with deals I don't remember signing, but my signature was in fact on both. Its just how the system works, you do your best, but at the end of the day you can;t fully analyze everything. I will say that the higher up people have a smaller caseload with much more serious cases and can spend the time on them, but me and my 50 DUIs alone, there may be 1 where the guy wasn't really DUI, idk.
I will answer the remaining questions tonight. Thanks guys.