THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, September 30, 1994 TAG: 9409300504
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Long : 211 lines
Judge Charles R. Cloud has upped the ante in his running battle with the city's top prosecutors, ordering them to prosecute serious misdemeanor crimes in his court.
Previously, the prosecutors have refused to do so, saying they don't have enough lawyers on staff.
Cloud did not set a deadline for compliance and did not say what he will do if prosecutors defy his order. He implied that he might hold them in contempt of court.
``I'll have to take appropriate steps at that time,'' Cloud said in court Monday.
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.
The judge issued his order late Wednesday. It is aimed at the city attorney and commonwealth's attorney, who prosecute city and state crimes.
Cloud's order 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.
``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.''
City Attorney Philip R. Trapani and Commonwealth's Attorney Chuck Griffith could not be reached for comment Thursday. Trapani was out of town; Griffith did not return phone calls. In the past, both prosecutors have said they don't have enough staff to prosecute misdemeanors in General District Court.
Last month, Griffith asked for more money to hire extra staff, but the city and state turned him down. As a result, he told Cloud this month that he will not prosecute misdemeanors in Cloud's court.
``I intend . . . not to prosecute misdemeanors in your court until either the Commonwealth of Virginia or the City of Norfolk provides me with the necessary funding which will permit me to represent all persons who are victims of misdemeanor offenses,'' Griffith wrote Cloud on Sept. 9.
Now, Cloud apparently intends to force the issue. In his order, Cloud accused Trapani and Griffith of setting bad priorities. He said both prosecutors ignore violent misdemeanors in his court, but have time to prosecute non-violent petty thefts. ``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. ``Because he is unable to prosecute every case of candy bar stealing, he refuses to prosecute even one case of serious misdemeanor violence,'' Cloud wrote.
Cloud said the new procedures should not affect the prosecutors much because an assistant prosecutor is usually in his courtroom already. Besides, Cloud wrote, there aren't many serious misdemeanors each month. In July, for example, there were eight cases in his court for brandishing or discharging a handgun. There were 13 in August.
Also, Cloud wrote, fewer than 5 percent of the misdemeanor defendants in his court have lawyers. Those are the cases that require public prosecutors to balance the scales, the judge wrote.
``My experience and observation leave no doubt but that the present staffing of prosecutors can easily accommodate my requests,'' Cloud wrote.
NORFOLK - Judge Charles R. Cloud has upped the ante in his running battle with the city's top prosecutors, ordering them to prosecute serious misdemeanor crimes in his court.
Previously, the prosecutors have refused to do so, saying they don't have enough lawyers on staff.
Cloud did not set a deadline for compliance and did not say what he will do if prosecutors defy his order. He implied that he might hold them in contempt of court.
``I'll have to take appropriate steps at that time,'' Cloud said in court Monday.
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.
The judge issued his order late Wednesday. It is aimed at the city attorney and commonwealth's attorney, who prosecute city and state crimes.
Cloud's order 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.
``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.''
City Attorney Philip R. Trapani and Commonwealth's Attorney Chuck Griffith could not be reached for comment Thursday. In the past, both prosecutors have said they don't have enough staff to prosecute misdemeanors in General District Court.
Last month, Griffith asked for more money to hire extra staff, but the city and state turned him down. As a result, he told Cloud this month that he will not prosecute misdemeanors in Cloud's court.
``I intend . . . not to prosecute misdemeanors in your court until either the Commonwealth of Virginia or the City of Norfolk provides me with the necessary funding which will permit me to represent all persons who are victims of misdemeanor offenses,'' Griffith wrote Cloud on Sept. 9.
Now, Cloud apparently intends to force the issue. In his order, he accused Trapani and Griffith of setting bad priorities. He said the two ignore violent misdemeanors in his court, but have time to prosecute non-violent petty thefts.
``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. ``Because he is unable to prosecute every case of candy bar stealing, he refuses to prosecute even one case of serious misdemeanor violence,'' Cloud wrote.
Cloud said the new procedures should not affect the prosecutors much because an assistant prosecutor is usually in his courtroom already. Besides, Cloud wrote, there aren't many serious misdemeanors each month. In July, for example, there were eight cases in his court for brandishing or discharging a handgun. There were 13 in August.
Also, Cloud wrote, fewer than 5 percent of the misdemeanor defendants in his court have lawyers. Those are the cases that require public prosecutors to balance the scales, the judge wrote. ``My experience and observation leave no doubt but that the present staffing of prosecutors can easily accommodate my requests,'' Cloud wrote.
NORFOLK - Judge Charles R. Cloud has upped the ante in his running battle with the city's top prosecutors, ordering them to prosecute serious misdemeanor crimes in his court.
Previously, the prosecutors have refused to do so, saying they don't have enough lawyers on staff.
Cloud did not set a deadline for compliance and did not say what he will do if prosecutors defy his order. He implied that he might hold them in contempt of court.
``I'll have to take appropriate steps at that time,'' Cloud said in court Monday.
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.
The judge issued his order late Wednesday. It is aimed at the city attorney and commonwealth's attorney, who prosecute city and state crimes.
Cloud's order 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.
``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.''
City Attorney Philip R. Trapani and Commonwealth's Attorney Chuck Griffith could not be reached for comment Thursday. In the past, both prosecutors have said they don't have enough staff to prosecute misdemeanors in General District Court.
Last month, Griffith asked for more money to hire extra staff, but the city and state turned him down. As a result, he told Cloud this month that he will not prosecute misdemeanors in Cloud's court.
``I intend . . . not to prosecute misdemeanors in your court until either the Commonwealth of Virginia or the City of Norfolk provides me with the necessary funding which will permit me to represent all persons who are victims of misdemeanor offenses,'' Griffith wrote Cloud on Sept. 9.
Now, Cloud apparently intends to force the issue. In his order, he accused Trapani and Griffith of setting bad priorities. He said the two ignore violent misdemeanors in his court, but have time to prosecute nonviolent petty thefts.
``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. ``Because he is unable to prosecute every case of candy bar stealing, he refuses to prosecute even one case of serious misdemeanor violence,'' Cloud wrote.
Cloud said the new procedures should not affect the prosecutors much because an assistant prosecutor is usually in his courtroom already. Besides, Cloud wrote, there aren't many serious misdemeanors each month. In July, for example, there were eight cases in his court for brandishing or discharging a handgun. There were 13 in August.
Also, Cloud wrote, fewer than 5 percent of the misdemeanor defendants in his court have lawyers. Those are the cases that require public prosecutors to balance the scales, the judge wrote. ``My experience and observation leave no doubt but that the present staffing of prosecutors can easily accommodate my requests,'' Cloud wrote. MEMO: THE ORDERS
Judge Charles Cloud's orders to Norfolk's prosecutors:
To participate in every case of alleged handgun violence.
To participate in every Class 1 or Class 2 misdemeanor case (the most
serious under the law) in which the defendant has a lawyer.
Scan the docket each morning for new cases of ``serious and violent
misdemeanors.'' Prosecutors would participate in each case where the
alleged victim has no legal training.
Participate in bail reviews each morning.
Help the judge determine whether a misdemeanor defendant should get a
court-appointed lawyer. ILLUSTRATION: Color photos
Judge Cloud
Chuck Griffith
by CNB