EXECUTIVE SUMMARY
Continued from previous page A number of jurisdictions have had success diverting some of these offenses to less costly penalties and re- ducing the caseloads of misdemeanor courts, thereby freeing up resources for other pressing needs. For ex- ample, in King County, Washington, a relicensing program allows individuals who have had their driver’s license suspended pay the fines that led to the suspension through community service. The program is open to individuals regardless of whether they have a criminal charge pending, and, if completed, any pending charges of driving with a suspended license (DWLS) are dropped. An evaluation of the program found that it not only resulted in a dramatic decrease in the number of DWLS cases bogging down misdemeanor courts, but also generated net revenue.
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Reduce pressure on defendants to plead guilty, particularly at first appearance.
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The overwhelming caseloads in misdemeanor court put pressure on everyone in the court system — defenders, prosecutors and judges — to resolve cases quickly. Pros- ecutors use one time only plea offers to force early pleas. Judges utilize bail deter- minations and the threat of pretrial incarceration to encourage early pleas. Defenders, if they are even involved, note that a better deal might not come along and that they have no time to fully investigate the client’s case. As a result, an extraordinary number of misdemeanor defendants plead guilty at their first appearance in court, whether or not they com- mitted the crime. Not only is such coercion in stark violation of the Constitution, it also means tax- payers are footing the bill to imprison the innocent, as well as other defendants, whose situation might be better served by alternatives to incarceration.
In New York City in 2000, almost 70 percent of misdemeanor cases were disposed of at the first appearance — most through a guilty plea.
Site team members in Washington State observed two defenders advise as many as 132 de- fendants on an arraignment calendar in under four hours. Most stipulated to the police re- port, which resulted in a finding of guilt.
Enforce ethical obligations of all participants in misdemeanor adjudications.
Misdemeanor courts are rife with violations of professional ethical standards. Defenders countenance case- loads that prohibit them from providing competent representation to their clients. Prosecutors talk directly with defendants and convince them to waive their constitutional rights. Judges encourage defendants to proceed without counsel and plead guilty quickly in order to move dockets. Ethical obligations for all professionals in misdemeanor court should be vigorously enforced to ensure that every defendant re- ceives a fair and unbiased proceeding. 3
Minor Crimes, Massive Waste
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