PORT TOWNSEND — The Jefferson County prosecuting attorney has informed local defense counsel that it will no longer make sentence recommendations to the District Court, ending the process of “plea bargaining” where defendants negotiate for shorter sentences.
“We are asking for people to accept responsibility for their actions,” said Scott Rosekrans on Thursday.
“If you did the crime, then plead guilty and let the judge set your sentence.
“If you are innocent, you can plead the case in front of a jury.”
Rosekrans made the announcement Tuesday in a letter to the Jefferson County Criminal Defense Bar.
Rosekrans wrote that the reason for the policy is budget and personnel constraints and the fact that the office now has one deputy prosecutor in District Court, cut from two last year.
“Your client’s options are now two: either plead as charged or opt for a trial before the jury or the bench,” he wrote.
“Our position will be that punishment is the purview of the court and will allow you to argue for whatever punishment you think is appropriate.”
Rosekrans said the new system will allow the district court deputy, Miriam Norman, to concentrate on trying the cases rather than resolving them, which will save time and increase efficiency.
“We are in the prosecution business. We are no longer in the punishment business,” Rosekrans said.
“Punishment is for the judge to decide.”
Rosekrans said District Court Judge Jill Landes is “exceedingly fair” and that “the Defense Bar should have no problem in having her decide the sentences.”
Rosekrans said plea bargains will still be accepted in Superior Court where the case load is lighter and there are two prosecutors.
Misdemeanor court cases are heard in District Court, while more serious felony crimes go to Superior Court.
Landes said taking plea bargaining off the table would cause a backlog in the court and delay cases.
“Plea bargaining is the bedrock on which criminal justice operates in Washington state,” she said.
“It is what keeps things from clogging up in the courts.”
This clogging is most likely to occur in Jefferson County, which has one judge, one prosecutor and one court, she said.
Defense attorney Chuck Henry also said a lack of plea bargains will delay cases.
He predicted the policy change would not last.
Henry said he saw a similar action in Spokane more than 30 years ago rescinded after the courts backed up.
Henry said defense attorneys turned every case into a jury trial, and the court could not handle the load.
The attorneys did not collude on that action but “did it on their own,” he said.
Rosekrans said the action was meant to punish the guilty while not wasting the court’s time and resources.
“Before the defendant even opens his mouth, the police and the court have already determined there is probable cause that he should be there,” he said.
Rosekrans said any potential log jam will be alleviated by the increased use of the pre-charging diversion program, where violations such as marijuana possession, driving without a license and reckless driving can be dealt with by taking a class.
Rosekrans said 70 individuals have participated in the program since it was established in January.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
