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Monday, Jun 15 2009 06:30 PM

Kern D.A. could see reduced prosecutions

BY STEVEN MAYER, Californian staff writer smayer@bakersfield.com

Will motorists caught behind the wheel without a valid driver's license go unpunished in Kern County come next month? What about those who intentionally write rubber checks -- or taggers who paint graffiti on walls?

The prosecution of some misdemeanors in Kern County could come to an abrupt end if the Board of Supervisors approves a proposal by the Kern County district attorney to lay off 20 employees in July and leave several additional positions vacant.

"This is a very serious matter," said Ed Jagels, Kern's D.A. since the early 1980s. "I'm hoping some miracle will occur" to keep the cuts from happening.

In a letter to the Kern County Board of Supervisors dated June 16, Jagels outlines the cuts that would occur if the board stands by its requirement that every county department reduce its budget by at least 15 percent.

Jagels will argue his case before the board today, but he said he can't predict the ultimate outcome. His office has already cut expenses for cell phones, travel, training and other areas, he said.

A 15 percent reduction, coupled with reductions in grant revenue, "require budget cuts that cannot be accomplished without layoffs," Jagels said in his letter.

If approved by the board, the 20 layoffs would include five prosecuting attorneys, four D.A. investigators, three investigative aides, seven welfare fraud investigators and one director of collections for an annual savings of $2.36 million.

Misdemeanor prosecutions would be severely limited as a result, though child sex crimes, DUI, violence against police officers and property crimes would continue to be prosecuted, Jagels said.

In addition, gang prosecutions, grand jury and voter fraud investigations, witness protection programs and local wiretaps would be terminated or cut. And a major tool for prosecutors, the investigation of cases after they are turned over to the D.A.'s office by police, could be eliminated, Jagels said.

With 85 deputy district attorneys on staff, down from 90, the loss of another five would mean more cases with nowhere to go.

John Savrnoch, Fresno County's chief assistant district attorney, said the D.A.'s office to the north has already lost 36 positions -- including 19 attorneys -- this year.

More cuts are slated for the coming fiscal year, though the goal is to avoid layoffs if at all possible.

"Our attorneys are already handling the largest caseloads in the state," Savrnoch said. And Kern's prosecutors also carry substantial caseloads.

That means there's no slack, no way for the remaining deputy district attorneys to pick up the cases from colleagues lost to attrition or layoffs.

Two years ago, Fresno County -- which has roughly 110,000 more residents than Kern -- had 134 deputy D.A,s on staff. Now they're down to 115.

That number will be smaller by the end of this year, Savrnoch said.

It's a drama being played out in counties across the state as California struggles with one of the worst budget crises in its history. And the cuts are affecting just about everybody.

"We're going through the same dilemma," said Kern County Undersheriff Marty Williamson.

Whenever public safety funding is cut, those in the law enforcement arena become concerned, Williamson said.

"But we all have to understand there's a finite amount of money," he said. "The Board of Supervisors is going to have to make the ultimate decision."

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