Oklahoma s District Attorneys

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1 The mission of Oklahoma District Attorneys and their offices is to PROTECT THE PUBLIC through proactively ADVOCATING as ministers of justice for public safety and welfare and through EDUCATING and collaborating with communities, law enforcement, and policy makers while SUPPORTING our staff through personal and professional development and peer support. District Attorneys Mike Boring, Chair Suzanne McClain Atwood, Executive Coordinator 421 N.W. 13 th Street, Suite 290 Oklahoma City, OK (405)

2 Oklahoma s District Attorneys

3 Reduction measures already taken

4 Reduction measures already taken at DAC

5 Oklahoma s District Attorneys Mike Boring Chair, District Attorneys Council District Attorney, District 1 Guymon, Oklahoma Mike Fields Vice Chair, District Attorneys Council District Attorney, District 4 Enid, Oklahoma Suzanne McClain Atwood Executive Coordinator District Attorneys Council Oklahoma City, Oklahoma

6 Oklahoma District Attorneys 2015

7 Oklahoma s District Attorneys As of January 2015 MIKE BORING District #1 Beaver, Cimarron, Harper, & Texas Counties ANGELA MARSEE District #2 Beckham, Custer, Roger Mills, Washita, & Ellis Counties JOHN WAMPLER District #3 Jackson, Kiowa, Tillman, Harmon, & Greer Counties MIKE FIELDS District #4 Blaine, Garfield, Canadian, Grant, & Kingfisher Counties FRED C. SMITH District #5 Comanche & Cotton Counties JASON HICKS District #6 Stephens, Grady, Caddo, & Jefferson Counties DAVID PRATER District #7 Oklahoma County BRIAN HERMANSON District #8 Kay & Noble Counties LAURA THOMAS District #9 Payne & Logan Counties REX DUNCAN District #10 Osage & Pawnee Counties KEVIN BUCHANAN District #11 Washington & Nowata Counties MATT BALLARD District #12 Mayes, Rogers, & Craig Counties KENNY WRIGHT District #13 Ottawa & Delaware Counties STEVE KUNZWEILER District #14 Tulsa County ORVIL LOGE District #15 Muskogee County JEFF SMITH District #16 LeFlore & Latimer Counties MARK MATLOFF District #17 Pushmataha, McCurtain, & Choctaw Counties FARLEY WARD District #18 Haskell & Pittsburg Counties EMILY REDMAN District #19 Atoka, Coal, & Bryan Counties CRAIG LADD District #20 Carter, Johnston, Marshall, Love, & Murray Counties GREG MASHBURN District #21 Cleveland, McClain, & Garvin Counties CHRIS ROSS District #22 Pontotoc, Hughes, & Seminole Counties RICHARD SMOTHERMON District #23 Lincoln & Pottawatomie Counties MAX COOK District #24 Creek & Okfuskee Counties ROB BARRIS District #25 Okmulgee & McIntosh Counties CHRIS BORING District #26 Woodward, Woods, Dewey, Alfalfa, & Major Counties BRIAN KUESTER District #27 Wagoner, Adair, Sequoyah, & Cherokee Counties

8 The District Attorneys Council Mike Boring Chair, District Attorneys Council District Attorney, District 1 Guymon, Oklahoma Mike Fields Vice Chair, District Attorneys Council District Attorney, District 4 Enid, Oklahoma David Prater Member, District Attorneys Council District Attorney, District 7 Oklahoma City, Oklahoma Scott Pruitt Member, District Attorneys Council Attorney General Oklahoma City, Oklahoma John Wampler Member, District Attorneys Council District Attorney, District 3 Altus, Oklahoma

9 receive less than 11% of the State Budget

10 FY 2016 State Budget District Attorneys Council 0.54% Public Safety & Judiciary 10.20% Transportation 2.59% Other 3.95% Human Services 11.36% Other Health 20.49% Education 50.86% Education

11 FY 15 Expenditures: State Appropriations: $79 million $38 million District Attorney Budget Non- Appropriations 54.5% Appropriations 45.5%

12 Remainder of budget must be generated Bogus check funds still in serious decline Payroll is 98% of budget

13 District Attorneys have increasingly become check collectors, probation officers, investigators, grant writers, and civil forfeiture attorneys in an attempt to keep doors open. Prosecutor continues to fall further and further down the list. District Attorneys now begin each day worrying not about the murder case their office will try, but about how they will fund a prosecutor to handle it.

14 Between 2011 and 2014, the turnover rate for ADAs was 70% Of the 310 ADAs, 152 or almost half have 5 years or less experience If your son or daughter were raped, wouldn t you want the best attorney in the courtroom? Staying 30% Prosecutor Turnover Leaving 70%

15 Low salaries contribute to the inability to recruit and retain experienced, qualified attorneys Caseloads are so large that the time they have to dedicate to each case is insufficient

16 Average starting salary for prosecutors is less than a starting salary for a Tulsa Police Department Officer and an OBN or OSBI agent Officers and agents deserve every penny so do your prosecutors Prosecutors are required to have a law degree - some graduate from law school with student loan payments in excess of $1,000 per month

17 OBN OSBI OHP Tulsa PD ADA Starting Salary $46,900 $49,125 $40,760 $45,926 $44,543 Salary at 3 years $64,749 $63,907 $53,425 $53,650 Salary at 7 years $70,030 $65,183 Average salary $73,203 $64,825

18 Assistant City Attorneys Starting Salary $56,35 5 OKC Moore Norma n $79,12 7 Tulsa $60,497 $58,98 8 ADA $44, Law Graduates OU OCU Tulsa ADA Average starting salary $56,000 $56,500 $67,200 $44,543 Other States Arkansas Colorado ADA Average starting salary $55,156 $51,000 $44,543

19 310 Assistant District Attorneys in Oklahoma 92,042 felony and misdemeanor cases filed in 2013 Average of 297 new cases per lawyer each year, not including existing caseload and other duties as prosecutors High case loads leave insufficient time for legal review, meetings with victims, and case preparation 297 more cases

20 Diversion courts help offenders and keep people out of prison, but cause incredible strain on prosecutors budgets Prosecutors touch a traditional case file (where the defendant pleads guilty) an average of Prosecutors touch a drug court file approximately District Attorneys support fully the continued use of drug courts and other alternative courts but these courts must be funded

21

22 FY 2016 District Attorney Funding Federal Grants $5,659, % Other $8,920, % Bogus Check $4,755,592 Child Support 5.8% $8,309, % Drug Asset Forfeiture $2,474, % Supervision Fees $14,541, % State Appropriations $37,320, %

23 10-Year State Appropriation History of the District Attorneys Council $43,500,000 $41,500,000 $39,500,000 $37,500,000 $35,500,000 $33,500,000 $31,500,000 $29,500,000 $27,500,000 $25,500,000 $23,500,000 $21,500,000 $19,500,000 $17,500,000 $15,500,000 $13,500,000 $11,500,000 $9,500,000 $7,500,000 Appropriations are LESS than DAC State they were 10 years ago, in This doesn t include increases to mandated costs such as benefits and retirement. These have increased $2.3 million since FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16

24 10-Year Supervision Fee History of the District Attorneys Council $16,000,000 $15,000,000 $14,000,000 $13,000,000 $12,000,000 $11,000,000 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 DAC Supervision FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15

25 10-Year Drug Asset Forfeiture Fees History of the District Attorneys Council $7,500,000 $7,000,000 $6,500,000 $6,000,000 $5,500,000 $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15

26 10-Year Prosecution Assessment History of the District Attorneys Council $2,500,000 $2,250,000 $2,000,000 $1,750,000 DAC Pros. $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 $250,000 $0 FY 06: $1,911,519 FY 07: $2,135,874 FY 08: $2,324,505 FY 09: $2,353,759 FY 10: $2,344,789 FY 11: $2,301,416 FY 12: $2,287,178 FY 13: $2,273,294 FY 14: $2,262,127 FY 15: $2,356,316

27 10-Year Bogus Check Fee History of the District Attorneys Council $15,000,000 $14,000,000 $13,000,000 $12,000,000 Bogus Check Fees $11,000,000 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15

28 District Attorneys Miscellaneous Victim Witness Services DAC Revolving Fund - An Operating Account Jail Fee Community Sentencing Prosecution Assesment Fees Supervision Fees Drug Court Drug Court Fines Deferred Prosecution Agreement Funds County Funds Child Support Funds Bogus Check Fees Restitution and Diversion Funds Drug AssetForfeiture Funds DAC DAC Prosecution Assessments TSRP Federal Grant IT IT District Attorney Computer Purchases IT NCHIP Federal Grant Funds IT Revolving Victims Service Funds Sexual Assault Exam Funds VS State Administration Victimsand Federal Funds Fund Our Operating Account Payroll for 53% of prosecutors and DA staff Payroll for Grant staff Payroll for Victims' Staff Health Insurance for Employees IT Expenses and Computers Travel Sexual Assault Exams Network Connection Costs Risk Management Other Accounts Payable VOCA Administrative Funds VAWA Administrative Funds RSAT Administrative Funds NFSIA Administrative Funds Rural DVP SASP Administrative Funds VOCA Assist. Admin. Funds VOCA Comp. Admin. Funds

29 Effect of a 5% Cut 26 staff reduced or eliminated 2 districts consider furloughs

30 Effect of a 10% Cut 43.5 staff reduced or eliminated 6 districts consider furloughs Assign priorities to the types of cases we prosecute with some property crimes not being prosecuted Cancel or significantly curtail all non-essential programs, diversion courts and other services to focus on our core responsibilities: prosecuting juvenile, deprived child, mental health, traffic, misdemeanor and felony crime while trying to provide legal advice and services to other elected county officers.

31 Questions?

32 We have been asked to do more with less and have valiantly done so. These impending cuts will hasten the day when we can no longer effectively serve and protect the public that relies on us to do so. District Attorney Jeff Smith To illustrate the scope of this problem, I would ask the House, Senate and Governor s office to envision cutting their respective staff attorney force by 25% and thereafter, reduce salaries for those remaining to match our average ADA salaries. Then, just as prosecutors are doing more with less, imagine maintaining this staffing level if the House amended its current rule limiting each representative to eight bills and allowed filing an unlimited number of bills, like the Senate. This is the equivalent to the job you are asking of Oklahoma s Assistant District Attorneys. District Attorney Rex Duncan

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