DELINQUENCY CASE PROCESSING Thomas Cleary Senior Deputy District Attorney Multnomah County District Attorney’s Office – Juvenile Unit (503)

WHY SPEED CASE PROCESSING?  Helps keep victims and witnesses on board.  Speeds imposition of consequences.  Reduces warrants.  Reduces caseloads.

CUSTODY CASES Initial DDA Processing  All youths held overnight are scheduled for a Preliminary Hearing at 1:30 PM the next day.  Police reports are completed by end of shift and are available at 8:00 AM the morning after the youth is brought to detention.  Verbal report on drug testing received from the Crime Lab mid-morning.

CUSTODY CASES Initial DDA Processing (cont)  DDAs screen cases first thing in the morning.  DDAs screen on a “beyond a reasonable doubt” standard.  Generate case rejection memos on declined cases.  On issued cases, petitions filed before noon. Witnesses entered into computer for subpoena generation by DDA at time of issuing.

CUSTODY CASES Initial DDA Processing (cont)  Pretrial offer prepared.  Discovery made available to defense by 11:30am.

Juvenile Department Processing (concurrent)  JCC meets with youth, speaks with youth’s family and others, reviews “social file” and referral history, gathers social history information and develops a release or hold recommendation and release plan.

11:30 Meeting  Placement Coordinator, DA’s Office representative, defense representative(s) and others meet to staff all cases set for preliminary hearing; discuss release/hold recommendations and release plans.

1:30 Preliminary Hearing  Youth appointed counsel.  Court makes a probable cause finding based upon police reports.  Placement Coordinator speaks for the department of Juvenile Community Justice. DDA may or may not agree with the department’s recommendation.  Release/hold decision made.  If release ordered, release type and conditions set.  Court dates set.

Court Dates -Youth Held  Day 7 In-Custody plea on call docket. Opportunity for youth to admit.  Day 14 Trial readiness. Appearance by State and Defense to pick a “firm” trial date.

Court Dates -Youth Held (cont)  Immediately after a preliminary hearing, DA’s office staff calls all witnesses to gather availability information to prepare for the trial readiness appearance.  Staff reports all witness conflicts to appearing DDA so a trial date likely to work for the State can be selected.  Trial date set approximately 2 weeks out, along with a Call date the day before (for a final report on trial readiness).

Any Time Walk in Pleas  Docket time reserved daily for pleas.

Day before Trial: Call  Appearance by State and Defense to report on readiness for trial next day.  If both sides are ready, case is assigned out for trial the next day to any available judge.  If either side requests a set-over, case may be set for Call and trial for another day.

Detention Limits  10 – Day review required.  28 – Day limit without good cause hearing.  56 – Day total limit without youth waiver.

Plea/Trial Disposition  Disposition happens at the same time as charge resolution in most cases. Exception - Sex Cases (30 – Day set over standard).  Youths not held awaiting placement.  8 – Day sanction limit.

Non-Custody Cases  Reports submitted to Juvenile Department. Juvenile Court Counselor may issue case on a Misdemeanor.  Routed to DA’s Office for review per interagency agreement.  Goal is DDA review within 30 days or sooner.  Petition filed.  Defense counsel appointed immediately (affidavits of indigence submitted later; cost may be recouped).

Non-Custody Cases (cont)  Youth and parents brought in for meeting with JCC by letter.  JCC gets trial readiness date from Court Clerk and serves youth with a summons.  Gives notice of trial readiness date to DA’s Office and Defense Counsel.  All other processes the same.  Typical resolution time 60 – 90 days.

PV’s  Date for hearing set day or two after preliminary heading in most instances.  Longer time may be needed for contested cases.

Problem Areas/Causes of Delay  JCJ and DA’s Office data entry backlogs.  DDA screening time on non-custody cases.  Defense motions for alternative deposition or challenging youth’s ability to aid and assist.  Delay in return to DA’s Office of failed diversion cases.  Witness problems.  Pending adult charges.  Warrants.