THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Monday, February 5, 1996 TAG: 9602010018
SECTION: FRONT PAGE: A6 EDITION: FINAL
TYPE: Letter
LENGTH: Medium: 53 lines
As an attorney who has practiced law in the city of Portsmouth for 17 years, I am extremely disturbed by recent articles that have appeared in The Virginian-Pilot concerning crime in Portsmouth and efforts being made to combat the problem.
Unfortunately, there have been comments in the nature of accusations directed toward the judiciary of the city. Anyone who closely examines the judges who preside in Portsmouth know the criticism directed their way is unfair and ultimately detrimental.
An example of the unfair criticism is the charge that cases are continued too often, allowing alleged criminals time to remain free to commit more crimes. Judges do not prosecute individuals, nor do they defend individuals. We should also be mindful that prosecutors are elected to office, and defense attorneys are paid to represent the accused!
Should a prosecutor or defense attorney fail to subpoena a key witness for trial, or when the administrative blunder occurs, perhaps resulting in the failure of a laboratory report to be timely filed as required by state law, the blame for continuance of a case does not lie at the feet of the judges!
Our judges are often requested to set bond for an accused. The request for bond is made by attorneys who have a responsibility to make accurate representations to the court regarding the background of the accused. It is the responsibility of police officers and, ultimately, prosecutors, to perform a criminal-background check on the accused and to present that information to the judges in a timely manner. If this burden is not met, the judges must weigh the facts before them, being mindful of the accused's constitutional rights pertaining to detention.
The judges are the triers of the fact. The facts are presented by people who appear before them as officers of the court.
Our judges have always demonstrated they are men and women of integrity and independence and are not people who can be intimidated by threats of any kind. Most important, they are fair-minded individuals who strive with every trial to see that justice is served.
While Portsmouth does indeed have a ``crime problem,'' blaming the judiciary is wrong. Every city in this country would be well-served if the quality of their judges were equal to those who serve in Portsmouth.
Portsmouth politicians should seek solutions to the crime problem and stop using the judiciary as scapegoats!
WILLIAM E. KASS
Attorney
Portsmouth, Jan. 24, 1996 by CNB