
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, October 1, 1994                   TAG: 9410030038
SECTION: VIRGINIA                    PAGE: C4   EDITION: METRO 
SOURCE: ASSOCIATED PRESS
DATELINE: NORFOLK                                 LENGTH: Medium

PROSECUTE OR ELSE MISDEMEANORS MUST BE PURSUED

General District Judge Charles Cloud hinted that he might hold prosecutors in contempt if they defy his order that they prosecute serious misdemeanor crimes in his court.

If Commonwealth's Attorney Charles Griffith Jr. does not follow his order, ``I'll have to take appropriate steps at that time,'' Cloud said.

In an interview Thursday, Cloud did not elaborate. ``I've already made it clear that the last thing I want to do is enforce it that way,'' with a contempt citation, he said.

Cloud did not return a phone call seeking comment Friday.

Griffith has said he doesn't have enough lawyers on his staff to prosecute misdemeanors.

Cloud's order, issued late Wednesday, sets out new procedures for his courtroom, one of two criminal courts in Norfolk General District Court. Other district judges handle civil and traffic cases.

Cloud said the new rules are needed because victims of misdemeanor crimes, especially those involving gun threats or battered women, have no lawyers to represent them in court. He gave no deadline for compliance.

``In Norfolk,'' Cloud wrote in his order, ``most victims of misdemeanor crime who are refused the services of public prosecutors think it is unfair when they must then, by themselves, fight defendants who are armed with defense lawyers, often paid for by public funds. They feel that justice for crime victims depends on whether they have the money to hire a private lawyer.''

Last month, Griffith asked for more money to hire extra staff, but the city and state turned him down. As a result, Griffith told Cloud this month that he would not prosecute misdemeanors in Cloud's court until either the state or city "provides me with the necessary funding which will permit me to represent all persons who are victims of misdemeanor offenses.''

In his 17-page order, Cloud accused Griffith and City Attorney Philip Trapani of setting bad priorities.

``There has never been an explanation as to why funds are available to investigate and prosecute animal code violations, which provide for only a fine,'' Cloud wrote, ``but are unavailable to investigate and prosecute just one case alleging the battering of a woman.''

He also slammed Griffith's policy of not prosecuting any misdemeanors unless he can prosecute all of them.

by CNB