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ATTACHMENT C Central Servic s Finance & Court Services Municipal Court City of Eugene MEMORANDUM 777 Pearl Street, Room 104 Eugene, Oregon 97401 (541) 682-5400 (541) 682-5417 FAX (541) 682-5058 TTY Date: June 28, 2005 www.ci.eugene.or.us To: Mayor Kitty Piercy and City Council From: Wayne Allen Presiding Judge RE: Prosecuting Additional Misdemeanors in Municipal Court and Reducing Some Current Misdemeanors to Violations. The District Attorney's decision to not prosecute certain misdemeanors has created an untenable situation. That decision leaves a large void regarding prosecution of crimes which undermine the quality of life in the county and the city. It is the citizens' expectation that there will be consequences when someone breaks into their motor vehicle, harasses them over the telephone or commits theft. Yet, the city would be hard pressed to take on all of the cases the District Attorney's office refuses to prosecute, particularly those involving financial crimes. Resources and finances dictate a more practical approach. Option three as presented in the memorandum to which this is attached would add offenses which should be prosecuted to the growing numbers of cases which are currently being filed in Eugene Municipal Court. Those charges would be the following: 1) unlawful entry into a motor vehicle, 2) telephonic harassment, 3) theft 2 and theft 3, 4) failing to report as a sex offender, and 5) possession of burglary tools. Option three also contemplates that almost all the cases charging Consumption or Possession of Alcoholic Beverages on Unlicenced Premises, Open Container, Criminal Trespass, and Violation of Park Rules would be filed and prosecuted as violations, not crimes. Frankly, I have long questioned the effectiveness of pursuing these offenses as crimes. As crimes, they offer the option of a court appointed attorney and a jury trial. They also result in warrants when the defendant fails to appear. If and when the case is finally adjudicated, I am concerned that the court sentence does little to deter this conduct in the future. Many of these cases charge defendants who are alcohol dependant with crimes. Court sanctions have proven to have little effect in solving that issue. I believe that the court's time and energies could be better spent on the category of cases noted above. I would be pleased to discuss these or any other issues with the Mayor or Council at their convenience. Memo-Court.frm