THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Monday, November 28, 1994 TAG: 9411280060
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: Long : 136 lines
On a normal work day, A. Mechele Dickerson would be filing a lawsuit on behalf of a bank against a debtor who had defaulted on a loan, or researching arcane points of the federal bankruptcy code. Her clients are usually large, faceless corporations.
But on this Tuesday morning the 32-year-old Harvard Law School graduate, an associate with the prestigious firm Hunton & Williams, has a client with a name, a face and a big problem: A man is stalking her, she says.
The Navy wife claims she has been terrorized by a man for nearly a year while her husband is at sea. At one point, he even shot an arrow from a crossbow at her house, shattering a sliding glass door.
Dickerson's job is to see that justice is done, that the woman's antagonist is prosecuted for his crime.
As a volunteer prosecutor with the Chesapeake commonwealth's attorney's office, Dickerson is one of 10 volunteer attorneys in Hampton Roads helping prosecutors cope with burgeoning criminal caseloads.
Dickerson, a commercial lawyer by trade, works for free one day each month in Chesapeake, fashionably dressed in her conservative blue suit and matching pumps, mingling with a variety of petty thieves, prostitutes and drug dealers.
It took three years for the General Assembly, at the urging of overburdened commonwealth's attorneys in Chesapeake and Virginia Beach, to change the state law to allow the volunteer, or pro-bono, prosecutor programs. State law required that, in cities with populations over 35,000, prosecutors would be full-time only, with the exception of hiring one part-time prosecutor.
The amended law, which took effect July 1, applies only to three cities in Virginia: Chesapeake, Norfolk and Virginia Beach.
As a result, attorneys like Dickerson, with little or no criminal courtroom experience, provide a creative solution to the fiscal crunch.
``It's a win-win situation,'' said Chesapeake Commonwealth's Attorney David Williams. ``We get the benefit of the free service of about a half-dozen lawyers.''
So far, eight volunteers in Chesapeake and two in Virginia Beach have been busy helping the paid staff members prosecute criminals, and the program has worked without a hitch, prosecutors say. Plans are under way in Norfolk to have a similar program in place by spring.
The pool of volunteers has come from two firms with local offices: Hunton & Williams and Huff, Poole & Mahoney. But prosecutors say they are looking for other firms willing to participate.
``The few downsides - like they're not full time and they don't have as much experience - all those arguments pretty much pale in light of the contributions these folks are making, ensuring that all the crimes that need to be prosecuted are prosecuted,'' said Virginia Beach Del. Robert F. McDonnell, who helped sponsor the bill.
``You've got a situation where virtually every commonwealth's attorney's office is understaffed and you've got to be creative,'' he said. ``This is a great way to do it.''
The volunteer attorneys are all provided with technical training on criminal work, in addition to working side-by-side with full-time paid staffers who provide help in the courtroom if needed.
The idea was modeled after a pro-bono prosecutors program started in Portland, Ore., more than 10 years ago to combat an increasing number of drug cases.
Since July, the Chesapeake program has relieved the staff of about half the misdemeanor appeals, said Williams.
``The idea is that after they have acquired sufficient experience in the prosecution of their cases, they will be permitted to prosecute some felonies,'' Williams said. ``They're more than capable of doing the same things we do here.''
Dickerson's cases have ranged from traffic violations to more serious offenses, such as assault and battery, which appear on the misdemeanor appeals docket.
Like the full-time staff, she is assigned six to eight cases that day.
Beginning at 9 a.m., Dickerson juggles case after case - scurrying from witness to victim and courtroom to courtroom to prepare for each trial.
``I do feel a commitment as lawyer that we do owe something to the community,'' Dickerson said. ``And I think practicing as a criminal lawyer one day a month has made me a better civil lawyer.''
Her most pressing case this month involved the alleged stalker. Unfamiliar with the legal system, the victim was unsure about how to confront the defendant in court.
Dickerson whispered reassuringly to the frightened woman, who stood anxiously outside the courtroom where she would have to face the man she said had been tormenting her. The woman asked to remain anonymous for fear that he might retaliate.
``I'm nervous but it feels good to finally do something about it,'' she said to Dickerson before the hearing.
A little more than two hours later, Dickerson successfully prosecuted a drug charge and traffic violation and had four cases continued, including the case of the Navy wife.
``It's misdemeanor appeals day,'' one court observer says, as Dickerson rushes by to catch up with another witness. ``It's usually a circus.''
Part of the problem is that while misdemeanor crimes remain a constant thorn in the side of prosecutors, the number of more serious and violent crimes are continuing to grow.
``We're on a steady increase (of cases) across the board,'' said Albert Alberi, chief deputy commonwealth's attorney in Virginia Beach. ``Some of the numbers indicate the caseload is going up 14 to 15 percent a year, which is staggering . . . and in the government sector, that's an intimidating number to deal with.''
In Norfolk, prosecutors are so understaffed they no longer have the time or resources to prosecute misdemeanors in General District Court.
Commonwealth's Attorney Chuck Griffith is involved in a legal fight with a General District Court judge who thinks Griffith's office should prosecute violent misdemeanors.
But even with volunteer prosecutors in place, Griffith said, his staff of 25 full-time prosecutors still would be hard-pressed to handle the misdemeanor cases. He said their first priority is felonies, which they are required by statute to handle.
The volunteer program ``will allow us to take a more aggressive approach to some cases that at this point have had to take a lower priority in the scheme of things,'' Griffith said.
And though it won't allow his office to prosecute the serious misdemeanors, he said, ``It will allow us to better use our resources to better go after those violent crime cases.'' ILLUSTRATION: Color staff photos by TAMARA VONINSKI/
A. Mechele Dickerson talks with Trooper K.E. Campbell. A commercial
lawyer by trade, Dickerson volunteers as a prosecutor in
Chesapeake.
Dickerson waits for her cases to go before a judge. Her cases have
ranged from traffic violations to more serious offenses.
Volunteer prosecutors A. Mechele Dickerson and Kevin Cosgrove, both
attorneys with Hunton & Williams, confer before a court session.
Black\White photo
A. Mechele Dickerson prepares her cases in the Chesapeake Circuit
Court library. Dickerson is one of 10 volunteer attorneys in Hampton
Roads helping prosecutors cope with burgeoning criminal caseloads.
KEYWORDS: VOLUNTEER LAWYER ATTORNEY PROSECUTOR by CNB