The State of

Prosecution
in North Carolina
March 30, 2011
 Topics to Cover
 Role of the DA

 Statewide Look

 Court Funding

 Legislative Priorities
 “The duty of the
prosecutor is to
seek justice, not
merely to convict”

American Bar Association

 Constitutional
Obligations
 Office of DA Created: Article IV

 Advise Law Enforcement: Article IV Sec 18

 N.C. Gen. Stat. 7A-61: DA Calendars cases

 Victim’s Crime Bill—Article I section 37

 Current Statewide
Resources
 44 Elected District Attorneys
 638 Assistant District Attorneys
 441 Victim Witness Legal
Assistants
 41 Investigators
Map of Districts
 Statewide Superior Court
2009-2010
 100,854 Felony Filings

 70,756 Pending
Felonies

 1.8% Felonies go to
trial
 Average Prosecutor
Caseload
 284 Felonies

 93 Misdemeanor Appeals

 943 District Court Criminal Cases

 2,843 Motor Vehicle & Infraction

Cases
 Court Funding
 Less than 2% of Overall State Budget

 DA’s: AOC manages budget

 Defense Attorney’s: IDS manages budget

 DAs have had 63 positions eliminated since

7/1/10 and we have been in hiring freeze.
This is not the case for IDS.
 Budget Comparison
2009-2010
District Indigent
Attorneys: Defense:

 100% Criminal  50% Criminal

Cases Cases

 Budget: $92  Budget: $132

million million
 Funding the Court
system
 Judges, Clerks, Magistrates, and DAs should not be
put in competition with each other

 Many fees are not being collected

 Registration and Inspection violations are currently

dismissed with no cost. Assessing even half court
costs would generate millions of dollars.
Legislative Priorities
 Conference Independence

 Discovery

 Racial Justice
 CONFERENCE
INDEPENDENCE
 Conference
Independence
 North Carolina District Attorneys are the only
independent prosecutorial offices in the nation that
do not have fiscal responsibility

 District Attorneys are the only entity under AOC’s

control that do not serve in a neutral role within the
criminal justice system

 Despite the General Assembly’s intentions to fund

prosecutorial functions, funds are spread across all
AOC programs

 District Attorneys are the largest generator of

lapsed salaries under the AOC
 Proposal for
Independence
 Truth in budgeting: Clear accountability of
prosecutorial expenditures

 Balance between DAs and IDS in an adversarial system

 DAs control management of scarce resources which

affect the essential functions of their offices

 Governed by a Board, administered by a Director

DISCOVERY
 Discovery
 Requires court order for state-funded expert witness
or assistance of investigator
 Protects Crime Stoppers tips
 Protects Victim Impact Statements
 Definition of “complete file” excludes evidence
prosecutors do not know exists
 Provides for prosecutors acting in good faith
 Requires a judge to state reason for sanctions
RACIAL JUSTICE
 Claims of Racial
Discrimination
 Selection of Case
 Grand Jury Selection
 Jury Pool
 Jury Selection
 Statistics under U.S. Supreme Court Ruling
 Anywhere else under “equal protection”
 Racial Justice
 Person has to have murdered to qualify
 Provides for statistical comparisons of:
 County
 District

 Judicial Division

 Statewide

 20-year period

 Does not take into account actions of

defendant
 Racial Justice Claims
 156 Motions Filed From Death Row

 45 Motions Pre-trial / Trial

 Hours expended: 3,500 July – January, 2010

 Fiscal analysis: Exceed $23 million

 Forsyth County
 Continuing the
Conversation

 Contact your District Attorney

 Conference of D.A.s – 919-

890-1500