2011 Budget Book - WHOLE - Kitsap County Government

PROSECUTING ATTORNEY
Funding
Consequences
The reduction or elimination of the Felony Charging and Administration Unit would
significantly undermine the ability of the Prosecutor's Office to respond to and effectively
handle cases that are generated by law enforcement activity. Defendant's who are arrested
or otherwise brought to the attention of the Prosecutor's Office must be charged within specific
time frames. Cases charged must be brought to trial within 60 days, if in custody, or 90 days,
if out of custody. The Administration Unit makes sure that the charges are filed and the cases
proceed expeditiously through the system.
Also, the outside agencies which rely on the Prosecutor's Office for assistance, advice and
representation would be irreparably harmed.
Hearings would not be covered and the justice system would be severely impacted.
Budget Totals
2011 Adopted 2010 Budget 2009 Actual 2008 Actual 2007 Actual
Revenues 98,939 68,863 58,278 55,664 50,408
Expenditures 367,204 357,803 350,793 340,523 280,541
Difference (268,265) (288,940) (292,515) (284,859) (230,133)
# of FTE 3.50 3.50 3.50 3.50 3.50
Program Title:
Criminal - Appellate Practice
Program Type: Existing Program
Staff Contact: Russ Hauge, Kitsap County Prosecutor @ 7244
Program Budget: $230,814
Detailed Program
Description:
Partnerships/
Collaboration:
Alternatives:
Efficiencies/
Innovations:
Mandates and
Contractual
Agreements:
Regional or Local?
Description of
Requirements:
The appeals unit is responsible for responding to all adult criminal appeals (arising out of
criminal convictions from Kitsap County) that are filed in either the Court of Appeals or the
Washington Supreme Court. An appeal is a review by an appellate court of the trial court
proceedings. An appeal is not a retrial of the case, but is an examination of the trial record to
ensure that proceedings were conducted in a fair manner. The appeal process, therefore,
takes place almost entirely in writing, with the attorneys for each side filing written briefs rising
and responding to legal errors alleged to have taken place in the trial court.
Every criminal defendant who is convicted after a trial is entitled to one appeal as a matter of
right: thus, generally speaking, every defendant who is convicted at trial in Kitsap County
Superior Court files an appeal in the Washington Court of Appeals. If the Court of Appeals
affirms the conviction, the defendant may then ask the Washington Supreme Court to review
the crime.
The appeals unit frequently corresponds with other appellate prosecutors around the State
regarding pressing appellate issues, and the members of the appeals unit attend quarterly
meetings of the Appellate Committee of the Washington Association of Prosecuting Attorneys.
The Kitsap County Prosecutor’s office is solely responsible for all adult criminal appeals
(arising out of criminal convictions from Kitsap County) that are filed in either the Court of
Appeals or the Washington Supreme Court. See, generally, RCW 36.27.020.
The appeals unit has been a “paperless” unit for several years, and maintains all of its records
and documents electronically. This allows the attorneys to have quick and efficient access to
all the necessary records and documents and has greatly reduced the need for recordkeeping
or legal assistant support.
The Kitsap County Prosecutor is required to respond to criminal appeals, and failure to do so
can result in either a fine, a reversal of the criminal conviction, or both.
Generally speaking, the appeals unit is only responsible for responding to felony appeals,
which are “regional.” Appeals that arise out of the district or municipal courts are generally
handled by attorneys in the general or municipal divisions.
RCW 36.27.020 requires the prosecutor’s office to appear for and represent the state and
county in all criminal proceedings in which the state or the county may be a party. As the
State is a party in all felony appeals, the prosecutor’s office is required to appear.