Dire consequences with less DA staff

Published: January 21, 2012

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To the editor: I find myself in the somewhat curious position of writing in support of District Attorney Anthony Rosini in his quest to defer the elimination of an assistant district attorney (ADA) from his office. I say my position is curious because, although I do not specialize in criminal defense, I have often appeared as a criminal defense attorney in opposition to DA Rosini and his staff. Further, I am a Republican, and Mr. Rosini is a Democrat, and our political affiliations are obviously not necessarily supportive of each other. However, there comes a time when it is necessary for individuals to stand up for what is best for society as a whole, and specifically the citizens of Northumberland County; hence this letter.

While I have approached criminal matters from the opposite side of the legal spectrum, I have always found both DA Rosini and his entire staff to be honorable, forthright and extremely hard-working individuals. I have always been somewhat amazed, yet internally proud, of the time and passion which "Tony" and his staff have devoted to the prosecution of criminals. That being said, it would truly be a tragedy for the DA's office to lose an ADA at this crucial time. Drugs, child abuse and molestation, and violence of all kinds have erupted in our quiet communities over the last decade. The DA's office has faced these adversarial conflicts with zeal. However, with just one less ADA, the fact is that there will not be enough staff attorneys to cover the various courts. As DA Rosini recently opined, that means that ADAs will be forced to "cover" only those hearings before the higher courts, such as the Court of Common Pleas and the state appellate courts. There simply will not be enough manpower to allow ADAs to continue to appear before the district justices of this county. This is not a question of "working harder," it is a matter of the impossibility of being in two places at once.

It is my concern that the absolutely dire circumstances that would be created by eliminating the DA's office from district court hearings cannot be adequately expressed. If there is no DA present at preliminary hearings, the victims in these matters will need to be represented by police officers. I have great respect for local law enforcement and this is in no way a denigration of them or their abilities, but they do not have a prosecutor's training, just as a prosecutor is not trained as a police officer. They have different jobs to do. That being said, police officers would now be representing victims against trained defense attorney in preliminary hearings, which is an honest miscarriage of justice.

I fear for my children, and the other children of this county, not to mention the older inhabitants hereof, if they are expected to attend hearings without the benefit of a member of the district attorney's staff.

Further, another previously undisclosed outcome of not having DA's staff at district justices' office is that it will most likely double, and perhaps triple, the amount of work necessary for all involved, as no plea agreements can be reached at the level, as is very common at this time. Therefore, absent the ability to reach plea agreements, the district justices themselves will have to undergo many times more hearings, as will the Courts of the Common Pleas have to undergo many more trials. Basically, eliminating one ADA will then cost the county many times more in paying public defenders, conflicts counsel, court-appointed attorneys and court staff to attend the unnecessary hearings and or trials which are created.

For all of these reasons, I am hereby requesting that the county commissioners find another place to make a budget reduction. I have great respect for the trying times and necessary work with which our commissioners are faced. However, I do not want them to make a mistake of this magnitude solely because they are not familiar with the ramifications of their actions.

Very truly yours,

Joel M. Wiest

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