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Friday, May 25, 2007
Kline, Morrison numbers not so different
Jack Weinstein
staff writer
According to a report released by the District Attorney Phill Kline, the numbers of cases filed and dismissed so far this year in Johnson County are similar to years past.
The report, compiled by the Justice Information Management System, covers the first 100 days of Kline's tenure. JIMS provides technology support for the Johnson County District Attorney's Office, district courts, corrections and the Sheriff's Department. Kline, who was scrutinized for firing eight members of former District Attorney Paul Morrison's staff when he took office Jan. 8, said he released the report "because of all the silliness that's out there."
That "silliness" refers to rumors of case backlogs, abundant case dismissals, a short-staffed office and the office being over budget that have been circulating since Kline took over. "I just want to get the truth out there," Kline said as to why he issued the report.
Publishing reports, Kline said, was a common annual practice when he was attorney general. Because the district attorney's office is a public agency, he said, "it's vitally important to be transparent."
Cases
Though fewer total cases have been filed so far in 2007 than in the same period in 2006 — 2,478 versus 2,600 — that has happened in only two other years dating back to 2000.
In its first 100 days, Kline's office has filed fewer juvenile, criminal and domestic violence cases. Dismissals this year are up, with 52 compared to 39 in the same period last year. There are fewer dismissals this year, though, than in the same period in 2003 and 2004. "Although you know with 100 days, I think you need a little bit more time to let these facts sort themselves out, but this clearly shows that some of the silliness that's been bandied about isn't true," Kline said.
District Court Judge Steve Leben said he had noticed a delay in the number of cases filed since Kline took office. It's understandable, he said, when there is a change in office plea policies. Leben said if the problem weren't alleviated, Kline's office could have problems trying cases within the state's speedy-trial regulations.
"It's not serious or urgent," Leben said. "I'm trying to watch to avoid a problem."
Shelley Diehl, the section chief for the juvenile division, was hired when Kline took office. She said there was a bit of a backlog in juvenile cases because the division was short staffed.
"It's not affecting what's going on in the courts," Diehl said, adding that she didn't see it as a problem.
Don Hymer has been at the office for 17 years, the last nine in charge of the child-in-need-of-care section for the juvenile division. He said there weren't any major changes for him when Kline took over.
"I'm doing everything just the way I've done it before," he said. Leben said things likely would settle as plea policies are figured out.
"It's in everyone's best interest, I think, to move cases reasonably expeditiously," he said.
Brian Burgess, a district attorney spokesman, said after new senior attorneys Stephen Maxwell and Eric Rucker joined the office, they consolidated plea agreements to get a handle on how they work. But in the last month, he added, that authority was given back to the section chiefs.
Budget
As a whole, the district attorney's office is under budget and on pace to finish the year that way. The only area of the budget in the red is contractural services, which pays for expert witnesses, special exhibits and medical costs associated with investigating sexual assaults.
Linda Carter, director of administration for the office, said that overage is due to rape kits, exams and emergency room fees the office has paid for. She added that the office has an agreement with the county for it to pick up the balance for contractual services so the office is not liable.
Personal services, which includes salaries, has decreased each month since January despite keeping on the payroll for four weeks the first eight attorneys who were fired, Carter said. She added that she hopes the county reimburses the approximately $40,000 the office absorbed paying those attorneys.
Changes With the rumors that Kline's changes are ruining the office, he said there have been some significant improvements in policy.
The biggest change is the ability to work with the federal government — something Morrison refused to do, Kline said. With Kline's two special U.S. attorneys, the office can take cases to the federal level for stiffer penalties. Before, Kline said, going federal wasn't an option, and weak penalties were obtained.
"That's changed, and that provides a dramatic improvement for the safety of Johnson Countians," he said.
Office chemistry
Since Kline's tenure began, 18 attorneys and staff members have been fired or resigned, Burgess said.
That turnover is rumored to be because of an office divided between employees loyal to Morrison and those loyal to Kline. But Kline dismissed any allegations of animosity between new and old staff members. "I think it's getting much better," he said. "I really sense a turning of the corner. You know you had a mixing of people that had not worked before. Anytime a new person comes in and people are let go, you have an adjustment period of time, but I think it's getting much, much better over the past month."
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Contact Jack Weinstein at 764-2211, Ext. 130, or jweinstein@theolathenews.com.
