PORT ANGELES — Clallam County Prosecuting Attorney Deb Kelly on Monday defended her office against her challenger’s claims that high staff turnover is causing delays in the criminal justice system.
Her opponent in the November election, Sequim attorney Larry Freedman, said the 20-person prosecutor’s office has lost 30 employees during the past four years, and four out of 11 lawyers have left the office in the past year.
“It slows things down,” Freedman told members of the Port Angeles Regional Chamber of Commerce at their weekly luncheon Monday at the Port Angeles CrabHouse Restaurant.
“You end up losing cases. You end up not doing cases on time. You end up backing up the whole court system because of this.”
Kelly, 57, squares off with Freedman, 72, in the all-mail Nov. 2 general election, for which voting starts with ballot distribution Oct. 13.
“This office, the prosecutor’s office, is not the source of those delays,” Kelly said.
“The prosecutor’s office does not control when cases go to trial. The judges do.”
Staff departures
Kelly said two attorneys and one staffer have left her office over the past year.
“Mr. Freedman’s numbers are wrong,” Kelly said.
She said the two attorneys left because they were offered $14,000 salary increases elsewhere.
“Most of our turnover has been for normal reasons,” Kelly said.
“Turnover is fact of life in a prosecutor’s office.
“I am fiercely proud of the people I have. They are doing a good job.”
Kelly won the top-two August primary among a field of three with 52.4 percent of 22,787 ballots cast.
Freedman finished with 27.7 percent support in the primary.
A third candidate, former deputy prosecutor Lauren Erickson, had 19.8 percent of the primary vote.
Erickson endorsed Freedman last week.
Background reviewed
Freedman touted his experience as a judge, commissioner of the court, law professor, arbitrator, mediator and special prosecutor for the federal government.
“I’ve done most everything in 47 years of law practice,” said Freedman.
He said is running for office because he is “disturbed” by what he sees in the Prosecuting Attorney’s Office.
Priority is predators
If elected, Freedman said, his priority would be putting predators behind bars.
“I don’t necessarily believe in locking up every drug addict,” Freedman said.
“I’d rather see them cured and not have to deal with them again.
“But you have to be tough. You have to be tough on crime, and I have been.”
Kelly said her priorities are “sex offenses, violent offenses and DUIs — crimes against persons.”
“I believe that I have been tough on crime,” Kelly said.
“I believe I’ve been a demanding administrator.
“I know I’ve been dedicated to public service, and I hope to continue that over the next four years.”
Civil representation
Kelly said she has enhanced civil representation, particularly on land-use matters, since she was elected in 2002. Civil lawyers handle land use, code enforcement, public records requests and advise county departments.
During the past four years, Kelly said her office has achieved a 91 percent conviction rate at trial. That compares with the 74 percent conviction rate in the four years before she took office, she said.
“That is a misrepresentation,” said Freedman, who has sparred with Kelly over the conviction rate throughout the campaign.
“Her failure rate at trial is 61 percent.”
Freedman said he defines success as a conviction on the crime that a defendant is charged with.
“That success is only successful 39 percent of the time,” he said.
Not-guilty rate
The not-guilty rate in Clallam County Superior Court is 24 percent during the past five years, including 10 acquittals out of 39 trials in 2009, Freedman said.
He added the county is fighting a lawsuit over accusations of age discrimination and a hostile work environment in the Prosecuting Attorney’s Office.
Kelly said she is confident that the county will prevail.
In her five-minute opening remarks at the Chamber of Commerce meeting, Kelly said she has been an effective administrator who has made the best out of a tough economic situation.
She said the felony caseload in her office is 40 to 50 percent higher than it is in the Public Defender’s Office.
Diversion programs
Diversion programs for first-time and low-risk offenders have allowed the prosecutor’s office to focus on more serious crimes, Kelly said.
“I’ve been doing more with less,” she said.
Asked where he would look to cut the budget, Freedman said: “There’s no question it’s going to be difficult.
“But if you get people to the point that it’s a work environment that they want to stay in, they’ll give you more production,” Freedman said.
He said the office is top-heavy on the civil side and would consider moving a chief deputy to the criminal side if elected.
Kelly said she would consider moving some cases, such as minor drug possessions, to District Court. To do that, she said she may reassign a lawyer to district court.
“We’re going to have to look at shifting personnel,” Kelly said, adding that her deputies are giving “110 percent” to their jobs.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.
