Kitsap County Prosecuting Attorney’s Office

Adult Criminal & Administrative Divisions • 614 Division Street, MS-35 • Port Orchard, Washington 98366-4681 • (360) 337-7174 • FAX (360) 337-4949Juvenile Criminal Division • 614 Division Street, MS-35 • Port Orchard, Washington 98366-4681 • (360) 337-5500 • FAX (360) 337-5509Special Assault Unit • 614 Division Street, MS-35 • Port Orchard, Washington 98366-4681 • (360) 337-7148 • FAX (360) 337-7229Bainbridge Island Municipal Court Division • 614 Division Street, MS-35 • Port Orchard, Washington 98366 • (360) 337-7174 • FAX (360) 337-4949Bremerton Municipal Court Division • 614 Division Street, MS-35 • Port Orchard, Washington 98366 • (360) 473-2334 • FAX (360) 473-2303Port Orchard Municipal Court Division • 614 Division Street, MS-35 • Port Orchard, Washington 98366-4681 • (360) 337-7174 • FAX (360) 337-4949Poulsbo Municipal Court Division • 614 Division Street, MS-35 • Port Orchard, Washington 98366-4681 • (360) 337-7174 • FAX (360) 337-4949Civil Division • 614 Division Street, MS-35A • Port Orchard, Washington 98366-4681 • (360) 337-4992 • FAX (360) 337-7083Child Support Division • 614 Division Street, MS-35 • Port Orchard, Washington 98366-4681 • (360) 337-7020 • FAX (360) 337-5733

Russell D. Hauge

Prosecuting Attorney

Carol I. Maves

Office Administrator

Christian C. Casad

Case ManagementDivision Chief

Claire A. Bradley

FelonyDivision Chief

Jeffrey J. Jahns

District/MunicipalDivision Chief

Timothy A. Drury

JuvenileDivision Chief

Jacquelyn M.Aufderheide

Civil/Child SupportDivision Chief

www.kitsapgov.com/pros

Memorandum

Commissioner Steve Bauer, Chair, Kitsap County Board of County CommissionersCommissioner Jan Angel, Kitsap County Board of County CommissionersCommissioner Josh Brown, Kitsap County Board of County CommissionersNancy Buonanno-Grennan, Kitsap County Administrator

ROM

Russell D. Hauge, Kitsap County Prosecuting Attorney

EPLY TO

Adult Criminal & Administrative Divisions

CC:

Shawn Gabriel, Director of Administrative ServicesCharisse Dahlke, Interim Budget ManagerStephanie Pinard, Budget Analyst

ATE

November 17, 2008

Supplemental Budget Presentation, Fiscal Year 20092.2% “Cut” From Prosecutor’s Office General Fund AppropriationThis Office has submitted its 2009 Budget Proposal in conformance with Kitsap County’sBudget Manual and the annual budget call letter. County Administrative Services (AS)issued a supplement to the budget call requesting that all General Fund (GF) departmentssubmit “scenarios” describing the consequences of a 2.2% reduction in the amount originallyrequested.

In presentations to the Citizens Budget Committee and to the Board of Commissioners, we described the consequences of such a cut. In our final budget hearing onNov. 3, 2008, the Board of Commissioners requested that we resubmit our budget documentsin what AS refers to as a “Program Format.” The Board also asked that we specify anddescribe the consequences of a 2.2% reduction in our requested appropriation. My staff hasprepared the documents necessary to restate our budget in program format. This supplementoutlines the scenario we face if cut.

A copy of the AS letter is attached for reference.

Under NO circumstances would we in any way diminish the prosecution services we provide thecities of Bremerton, Poulsbo, Port Orchard, and Bainbridge Island. The cities pay for those services.They represent revenue from outside the General Fund.

Prosecutor 2009 Supplemental Budget PresentationNovember 18, 2008Page 2________________________________2.2% of our proposed general fund budget is approximately $165,000. This sum represents atleast one full time Deputy Prosecuting Attorney (DPA) and one Legal Assistant (LA).

If forced to adopt this scenario, we will cut those positions from our Civil Division, GeneralFund Cost Center 9086. In our presentations to the Citizens’ Budget Committee and theBoard of Commissioners, we represented that if layoffs were necessary, we would make themin our Criminal Divisions. However, in light of information recently developed by ASregarding revenue available from outside the General Fund, I cannot in good conscience, asthe elected Prosecutor for Kitsap County, take that course. I have determined that to chooseto maintain our level of service to civil clients while impairing our ability to respond tocriminal behavior would be a breach of my duty. This document explains that conclusion.Since 1995 we have published a list of the categories of crime in rank order of priority.

Wedrafted and published the list to give notice to the public of where we would invest ouralways scarce resources. There will never be enough in a public budget to pursue alloffenders for every offense. It’s a triage tool, developed for the situation now facing thecounty.This list was first developed with the assistance of a group of citizens I chose asrepresentative Kitsap County. It was reviewed and refreshed in 2003 with the help of anothercitizens’ group, this one assembled by Leadership Kitsap. The first category on the list—“Violent crime against children, including sexual assaults and domestic violence (DV)”—receives our closest attention and will as long as we are able to do our jobs. At the bottom of the list at number 14 is “Prosecution of traffic infractions.”

Personnel are all we have left to “cut.” We provide professional services—our people are ourproduct. We might be able to find something to cut in our budget for supplies and equipment.However, we trimmed what fat we might have had there long ago. If we are to cut, layoffs are the onlyway to get to the mark set by the Board of Commissioners.

The priorities are published in the Prosecutor’s Office Mission Statement and Standards andGuidelines. This publication is available on the County’s website in the Prosecuting Attorney’ssection.

Prosecutor 2009 Supplemental Budget PresentationNovember 18, 2008Page 3________________________________We are now effectively addressing the first ten items on the list. Tenth is “[Prosecution of]Major traffic offenses not a function of drug or alcohol abuse.” We are not doing everythingwe could with Category Ten offenses, but our approach works. The vast majority of thecrimes in category ten are the different varieties of driving with a suspended license (DWLS).We have never been allocated the resources to prosecute all DWLS allegations. Absentaggravating circumstances, we handle these crimes with bail forfeitures, diversionagreements or some other alternative. We devote very few attorney hours to categories 11through 14.Our current budget submission—the submission without a 2.2% cut—asks for no increases inpersonnel and preserves the status quo. As explained to the Citizens’ Budget Committee andthe Board of Commissioners, a cut of 2.2% would impair our ability to prosecute the nextlevel of crimes: “Economic crime (Priority proportional to adverse economic impact: thegreater the impact—whether on an individual, individuals or business interest, the greater ourdevotion of resources to seeking sanctions).” This category covers all kinds of theft otherthan robbery or burglary. Included are major shoplifting rings, embezzlement, and identitytheft. With one less legal assistant to manage the records and files and one less attorney tocharge and prosecute the cases, we would not be able maintain our standards of practice inthis category.We have already had to make some money-based compromises in the property crimecategory. We refer simple bad-check cases to a diversion service that focuses on restitution.First-time, minor felony property offenders also get a shot a making things right throughdiversion contracts. In both kinds of cases, our alternatives allow us to exercise significantcontrol over the offender and the outcome. However, in both cases we forego formalprosecution because our resources are short. Serious property offenders, like identity thieves,now get our full attention. But full attention requires a full complement of lawyers and