Editorial: Review of Marin DA’s workload is a good idea. So is making the report public.
The 2022-23 Marin County Civil Grand Jury and Marin District Attorney Lori Frugoli have publicly presented conflicting evaluations of the backlog of cases facing county prosecutors, defense lawyers and Marin’s courts.
Who’s right?
The Marin County Board of Supervisors are planning to hire a consultant to look into the issue as part of an organizational review of the DA’s office.
Frugoli readily admits there is a backlog. But Marin’s situation is similar to those facing other counties as they climb out of the necessary public health restrictions of the pandemic, which understandably slowed the local justice system.
Crime didn’t stop during the pandemic, but restrictions hampered the progress of prosecuting those cases.
Frugoli refutes the grand jury’s conclusion that her office is “in crisis.”
In her official response to the grand jury, she said that as of July 6 there were 45 fewer defendants awaiting trial in Marin than there were before she became DA in January 2019.
The grand jury, in its May report – “Justice Delayed is Justice Denied – Marin District Attorney’s Office in Crisis” – agreed that the pandemic was a contributing factor. But it also cited that high turnover among the DA’s prosecutors and employee lawsuits filed against Frugoli as contributing factors, as well.
Hopefully, the consultant will help sort it all out and produce recommendations for remedying the problem, in both the short and long terms. It would also be helpful if the consultant could include input from the courts, which has been lacking in public discussions regarding this issue.
Frugoli has already brought back a retired prosecutor to help expedite cases. She says the jam of cases has trended downward from numbers the grand jury cited in its report. She has also asked the Board of Supervisors to allocate additional funding so she can hire more prosecutors and staff.
It’s time for a deep dive into the operations of the DA’s office before the county adds more employees.
County Administrator Matthew Hymel says once hired, the consultant’s review should take four to five months.
In addition, the county is investing $200,000 to deploy new digital evidence and subpoena management software that should help speed up the handling of cases. In addition, the county’s human resources department is working with the DA to fill 11 vacant positions.
The supervisor’s move to hire a consultant is in line with the grand jury’s recommendation that an independent party be brought in to analyze the DA’s operational issues.
Frugoli is right, the backlog is a reflection of a lot of complex issues, from delays caused by factors such as a large number of defendants failing to appear for their day in court and defense strategies to complicated cases, especially those involving gang-related violence.
Marin is not the only county facing these issues.
An independent consultant can offer recommendations on processes and policies that other counties are using to successfully winnow their backlogs and better fulfill the constitutional goal of a so-called “speedy trial.”
Given the county’s investment of taxpayers’ money and time into this initiative, this independent review and its recommendations should be made public.
The grand jury’s report and the DA’s response have been made public. This “third opinion” should, as well.