THE NIGHT PROSECUTOR PROGRAM WAS ESTABLISHED TO HANDLE MINOR DISPUTES, SOMEWHAT LIKE A COMMUNITY JUSTICE CENTER, EXCEPT FOR THE FACT THAT IT IS VERY MUCH REMOVED FROM THE COMMUNITY, BOTH GEOGRAPHICALLY AND SOCIALLY. THIS MEDIATION PROGRAM WAS ESTABLISHED IN 1971 IN AN EFFORT TO REDUCE THE NUMBER OF PERSONAL COMPLAINTS IN CRIMINAL COURTS. THE PROGRAM IS STAFFED BY LAW STUDENTS, UNDER THE DIRECTION OF THE PROSECUTOR'S OFFICE, WHICH DETERMINES WHAT COMPLAINTS ARE TO BE HANDLED BY THE NIGHT PROSECUTOR. A HALF-HOUR HEARING IS SCHEDULED, AND THE ACCUSED IS ISSUED A 'SUBPOENA,' WHICH MERELY STATES THAT THIS PERSON IS CHARGED WITH AN OFFENSE AND MUST APPEAR AT THE PROSECUTOR'S OFFICE. AT THE HEARING, THE PARTIES ARE STRONGLY ENCOURAGED TO FIND A WAY TO SETTLE THEIR PROBLEMS. THE MEDIATOR MERELY RECOMMENDS A SOLUTION; THERE IS NO BINDING DECISION ISSUED AT THE HEARING. THIS PROGRAM OPENS UP COMMUNICATION BETWEEN THE PARTIES AND SETTLES MORE DISPUTES THAN THE CRIMINAL COURTS ARE CAPABLE OF HANDLING IN THE SAME AMOUNT OF TIME. THE PROJECT IS FUNDED BY LEAA, WHICH CAN PUBLICIZE THE PROGRAM SO THAT INDIVIDUAL COMMUNITIES CAN EVALUATE IT IN TERMS OF THEIR OWN PROJECTS. A COMMENTARY ON OBSERVATIONS MADE IS INCLUDED, WHICH CRITICIZES THE ACTUAL DECISIONMAKING ABILITY OF THOSE WHO DETERMINE THE SERIOUSNESS OF THE CASE. THE AUTHOR OF THE COMMENTARY CLAIMS THAT THE TRUE MOOT IDEA HAS BEEN SUBVERTED BY THIS SYSTEM. HE ALSO SAYS THAT THE OBSERVER HAS NOT SPENT ENOUGH TIME ON HIS RESEARCH. (BAC)