district attorneys - oklahoma senate · brian kuester district #27 wagoner, adair, sequoyah, &...

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District Attorneys Mike Boring, Chair Suzanne McClain Atwood, Executive Coordinator 421 N.W. 13 th Street, Suite 290 Oklahoma City, OK 73103 (405) 264-5000 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.

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District Attorneys Mike Boring, Chair Suzanne McClain Atwood, Executive Coordinator

421 N.W. 13th Street, Suite 290 Oklahoma City, OK 73103 (405) 264-5000

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.

Oklahoma’s District Attorneys

Reduction measures already taken

Reduction measures already taken

at DAC

Oklahoma’s District Attorneys

Suzanne McClain Atwood

Executive Coordinator

District Attorneys Council

Oklahoma City, Oklahoma

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

Oklahoma District Attorneys 2015

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

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

receive less than 11% of the

State Budget

FY 2016 State Budget

Other 3.95%

Education 50.86%

Health 20.49%

Human Services 11.36%

Public Safety & Judiciary 10.20%

District Attorneys Council 0.54%

Transportation 2.59%

Other

Education

FY ‘15 Expenditures: $79 million

State Appropriations: $38 million

Appropriations 45.5%

Non-Appropriations

54.5%

District Attorney Budget

Remainder of budget must be generated

Bogus check funds still in serious decline

Payroll is 98% of budget

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.

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?

Leaving 70%

Staying 30%

Prosecutor Turnover 2011-2014

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

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

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

Assistant City

Attorneys

OKC Moore Norma

n

Tulsa ADA

Starting Salary $56,35

5

$79,12

7

$60,497 $58,98

8

$44,543

2014 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

297

more

cases

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

• 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

FY 2016 District Attorney Funding

Bogus Check $4,755,592

5.8% Child Support $8,309,598

10.1%

Drug Asset Forfeiture

$2,474,603 3.0%

State Appropriations $37,320,290

45.5%

Supervision Fees

$14,541,725 17.7%

Federal Grants $5,659,721

6.9%

Other $8,920,468

10.9%

10-Year State Appropriation History of the District Attorneys Council

$7,500,000$9,500,000

$11,500,000$13,500,000$15,500,000$17,500,000$19,500,000$21,500,000$23,500,000$25,500,000$27,500,000$29,500,000$31,500,000$33,500,000$35,500,000$37,500,000$39,500,000$41,500,000$43,500,000

FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16

DAC State…

Appropriations are LESS than

they were 10 years ago, in 2007.

This doesn’t include increases to

mandated costs such as benefits

and retirement. These have

increased

$2.3 million since 2010.

$0

$1,000,000

$2,000,000

$3,000,000

$4,000,000

$5,000,000

$6,000,000

$7,000,000

$8,000,000

$9,000,000

$10,000,000

$11,000,000

$12,000,000

$13,000,000

$14,000,000

$15,000,000

$16,000,000

FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15

DAC Supervision…

10-Year Supervision Fee History of the District Attorneys Council

10-Year Drug Asset Forfeiture Fees History of the District Attorneys Council

$2,000,000

$2,500,000

$3,000,000

$3,500,000

$4,000,000

$4,500,000

$5,000,000

$5,500,000

$6,000,000

$6,500,000

$7,000,000

$7,500,000

FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15

$0

$250,000

$500,000

$750,000

$1,000,000

$1,250,000

$1,500,000

$1,750,000

$2,000,000

$2,250,000

$2,500,000

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

DAC Pros.…

10-Year Prosecution Assessment History of the District Attorneys Council

10-Year Bogus Check Fee History of the District Attorneys Council

$5,000,000

$6,000,000

$7,000,000

$8,000,000

$9,000,000

$10,000,000

$11,000,000

$12,000,000

$13,000,000

$14,000,000

$15,000,000

FY 06 FY 07 FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15

Bogus Check Fees

DAC Revolving Fund - An Operating Account

Fund 210 -Our Operating

Account

Miscellaneous

Victim Witness Services

Jail Fee

Community Sentencing

Prosecution Assesment Fees

Supervision Fees

Drug Court

Drug Court Fines

Sexual Assault Exam Funds

VS State Administration

Payroll for 53% of prosecutors and DA staff

Payroll for Grant staff

Payroll for Victims' Staff

Deferred Prosecution Agreement Funds

County Funds

Child Support Funds

Bogus Check Fees

Restitution and Diversion Funds

Drug Asset Forfeiture Funds

IT

VOCA Comp. Admin. Funds

VOCA Assist. Admin. Funds

DAC

DAC Prosecution Assessments

TSRP Federal Grant

SASP Administrative Funds

Victims and Federal Funds

VOCA Administrative Funds

VAWA Administrative Funds

RSAT Administrative Funds

NFSIA Administrative Funds

Rural DVP

Victims Service Funds

IT District Attorney Computer Purchases

IT NCHIP Federal Grant Funds

IT Revolving

Health Insurance for Employees

Travel

IT Expenses and Computers

Sexual Assault Exams

Network Connection Costs

Risk Management

Other AccountsPayable

District Attorneys

Effect of a 5% Cut

•26 staff reduced or eliminated

•2 districts consider furloughs

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.

Questions?

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