Pubdate: Tue, 06 Sep 2005
Source: Lawrence Journal-World (KS)
Copyright: 2005 The Lawrence Journal-World
Contact: http://www.ljworld.com/site/submit_letter
Website: http://www.ljworld.com/
Details: http://www.mapinc.org/media/1075
Author: Eric Weslander
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

COURT DIFFERENCES FACTOR INTO MARIJUANA ORDINANCE

Plan Would Put Pot Cases In Municipal System

It's like the difference between a four-course meal and a stop at 
McDonald's for a cheeseburger.

At Douglas County's District Court, the prosecution of a misdemeanor crime 
can drag on for months or years. A half-block down New Hampshire Street at 
municipal court, however, the cases are often disposed of in a single court 
appearance or two appearances -- the judicial equivalent of a trip through 
the drive-through.

"We're kind of set up for mass production, I guess," city prosecutor Jerry 
Little said.

The difference between the two courts is a key issue in a local group's 
effort to get the city commission to pass a marijuana ordinance. The group, 
Drug Policy Forum of Kansas, is asking city commissioners to send 
first-time marijuana possession and drug-paraphernalia cases into city 
court, saying it would save taxpayer dollars.

So far, the most vocal opposition to the idea has come from a White House 
spokesman, who said it's wrong to view marijuana cases as a waste of 
prosecutors' resources.

The city commission is expected to discuss the idea for the first time at 
its meeting Tuesday. Here's a look at some of the key differences between 
how the two courts work:

Fewer Hours On Cases

In District Court, it's virtually impossible to resolve your case on your 
first court appearance.

In a recent marijuana-possession case involving a Kansas University 
student, the student was caught with marijuana in January 2002 and not 
charged until October 2003, when lab tests were returned from the Kansas 
Bureau of Investigation.

He was ordered to appear in court on November 7, 2003, for a first 
appearance, where a judge assigned his case to one of the District Court's 
six divisions. After the first appearance, the man was booked into jail and 
released on bond.

He was ordered to appear again on Dec. 11, 2003. Before the court date, he 
reached a diversion agreement with prosecutors, who agreed to dismiss the 
case if he stayed out of trouble for a year.

City prosecutor Little said that if the cases are sent to municipal court, 
the person likely would be given a ticket at the scene when caught with 
marijuana. The ticket would order the person to appear in municipal court 
before Judge Randy McGrath, probably about two weeks later.

"I automatically enter a not-guilty plea for everyone and give them a trial 
date," McGrath said, explaining how he handles misdemeanor cases now. 
"However, if they want to waive their right to counsel and a trial, they 
can go down the hall and talk to the prosecutor's office about a plea 
agreement ... We can take care of their plea that day if they want to."

Different Trial Procedures

A jury trial in District Court usually takes at least a day because of the 
time required to pick a jury, Dist. Atty. Charles Branson said. But there 
are no jury trials in municipal court, so a trial can be finished in a 
matter of hours.

If a person loses a trial in municipal court, he or she can appeal to 
District Court for a jury trial, McGrath said.

Different Personnel

A major difference is that municipal court is not a "court of record," 
which means it doesn't have a court reporter taking down every word when 
court is in session.

On average, the court reporters in District Court's six divisions earn $40,872.

Judges in District Court earn $104,522 per year, while the municipal court 
judge earns about $79,100.

Different Kinds Of Cases

Municipal court handles only lower-level offenses, such as traffic 
violations, city-code infractions, first- and second-time DUIs, and 
misdemeanors such as battery or being a minor in possession of alcohol.

District Court handles felony cases, domestic relations, civil lawsuits and 
estates, to name a few. It also handles minor traffic cases that happen 
outside the city limits.
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MAP posted-by: Elizabeth Wehrman