Pubdate: Thu, 06 Jun 2002
Source: Eau Claire Leader-Telegram (WI)
Copyright: 2002 Eau Claire Press
Contact:  http://www.leadertelegram.com/
Details: http://www.mapinc.org/media/236
Author: Doug Mell, managing editor

ORDINANCE CHANGE SHOULD BE APPROVED

A public hearing on proposed Eau Claire ordinances for marijuana 
possession, retail theft, criminal damage and trespassing will be at 7 p.m. 
Monday in the council chamber in City Hall.

Eau Claire city and county officials have put together a sensible proposal 
to give police officers more options when charging minor crimes.

Chief among the options, which is scheduled to be considered by the City 
Council Tuesday, would allow a police officer to issue a simple ticket to 
anyone possessing 25 grams or fewer of marijuana. That ticket option would 
apply only on a first offense for possession.

Other tickets would be available as an option for retail theft, trespassing 
and damage to property. There would be parameters for when tickets could be 
issued for those proposals as well.

The officials involved in hammering out the proposal, which is endorsed by 
District Attorney Rich White, stress that criminal rather than civil 
penalties still could be issued for these offenses, based on the circumstances.

For example, a person may possess a small amount of marijuana, but there 
may be evidence of dealing.

Assistant City Attorney Lucie Usher said the public hasn't weighed in on 
the package one way or the other. "We haven't gotten any calls" since news 
of the proposal broke last week, Usher said. "It's been really quiet."

Usher said officials view the proposal as helping both the city and the county.

City police officers will have another option when they catch someone who 
is breaking the law in these areas. Instead of having to charge the person 
with a crime, and possibly give that person a criminal record for the rest 
of his or her life, a traffic-like ticket can be written.

The city also would collect the revenue from the forfeitures, which would 
range from $100 to $500.

The county would save money because, as Usher explained, a person becomes 
eligible for taxpayer-paid public defenders when he or she is charged with 
a crime. It also takes a lot of time for the district attorney to prepare a 
case, even for a misdemeanor charge, and a judge also has to get involved.

The district attorney's office now handles 400 to 600 misdemeanor marijuana 
possession, retail theft, criminal damage and trespassing cases a year.

"Hopefully the (criminal justice) system will work more efficiently" under 
the proposal, Usher said.

The City Council should waste no time Tuesday adopting this proposal.

- -- Doug Mell, managing editor
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MAP posted-by: Beth