Specialty Courts run amuck

http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/042710dnmetdaljails.3f9babf.html
According to the Dallas Morning News (DMN), Dallas County will attempt to open yet another specialty court- except there isn’t anything special about state-jail felony property crimes. The County Commissioners have decided to create a property crimes special court for defendants charged with state-jail felonies with a criminal record. The article partly blames the overcrowding of the Dallas County Jail on this group of offenders. Stating that if the defendants would just take the first deal offered by the DA’s office, then they would be moved to the State Jail Facility and out of the county’s hair. The problem with these pesky defendants is that they don’t accept the prosecutor’s first offer and instead wait for the offer to improve – which it does. Six months later, when the case is set for trial (but not actually going to trial), the prosecutor reduces the offer and the defendant agrees.

So, the County Commissioners have decided the best solution to this problem is to form a new court (with a new judge, new bailiffs, new clerk staff, new prosecutors; in a new courtroom). In this new court, instead of waiting six months for a trial that does not happen accompanied by a better plea offer, the defendant will wait less time and will be given a larger plea offer. The hope is, according to the article, that the defendants will accept the higher offer sooner and go to jail for longer.

What?

If the problem is that the prosecutor’s first offer is not the best offer, and the defendant knows this, then why not simply train the prosecutors to make the first offer, the best offer. Isn’t that cheaper than creating a whole new court? Let’s use the article’s example: the initial offer is 12 months. Defendant counters with 6 months. Negotiations stall and the case is set for trial. Trial is set 6 months down the road (my thoughts on the inefficiencies of the Dallas County trial docket to be found later in a separate entry). Day of trial prosecutor reduces the offer from 12 months to 6 months. Defendant agrees and pleads guilty that same day. Why not just offer 6 months at the onset?

Apparently, I’m not the only person that thinks this speciality court a stupid idea. In a later article, DMN reported, the criminal district judges told the Commissioners that they were not willing to transfer their state-jail felony property cases to the new court. Sounds like this silly plan may die. I'll post more as I learn more.

http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/DN-dalcounty_12met.ART0.State.Edition1.4c875f2.html

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Adrienne Dunn is a Criminal Defense Lawyer in Dallas - Texas. You can learn more about Ms Dunn at http://www.dunncriminallaw.com/