NCJ Number
46858
Journal
American Bar Association Journal Volume: 63 Dated: (SEPTEMBER 1977) Pages: 1208-11
Date Published
1977
Length
3 pages
Annotation
THE LOS ANGELES, CALIF., CITY ATTORNEY'S OFFICE HAS DEVELOPED A PARALEGAL PROGRAM OF INFORMAL, OFFICE HEARINGS DESIGNED TO PROVIDE NONCRIMINAL SOLUTIONS FOR MINOR MISDEMEANOR COMPLAINTS.
Abstract
DURING 1976, APPROXIMATELY 18,000 POTENTIAL MISDEMEANOR COMPLAINTS WERE REFERRED FOR VOLUNTARY OFFICE HEARING. THESE INCLUDED ASSAULT AND BATTERY, MALICIOUS MISCHIEF, DISTURBING THE PEACE, PETTY THEFT, HEALTH OR SAFETY VIOLATIONS, AND A VARIETY OF OTHER MISDEMEANORS. CASES ARE SET FOR HEARING EITHER THROUGH REFERRAL OF A POLICE CRIME REPORT, A CTIZEN GRIEVANCE REFERRAL, OR REFERRAL BY A PUBLIC AGENCY. HEARINGS ARE CONDUCTED IN FOUR BRANCH OFFICES BY HEARING OFFICERS WITH PSYCHOLOGY AND SENSITIVITY TRAINING. PARTIES ARE REQUESTED TO ATTEND THE HEARING WITH SUPPORTING WITNESSES. THE PARTIES MAY BE REPRESENTED BY AN ATTORNEY. BOTH PARTIES STATE THEIR POSITIONS, AND THE OFFICER MAKES A DECISION SUMMARIZING EACH PARTY'S CASE AND STATING CONCLUSIONS AND RECOMMENDATIONS. RECOMMENDATIONS MAY INCLUDE THE FILING OF A CRIMINAL COMPLAINT, A WARNING THAT A COMPLAINT WILL BE FILED IF THE CONTESTED ACTIVITY IS NOT CEASED, OR RECONCILIATION IN NEIGHBORHOOD OR FAMILY CONFLICT CASES. USUALLY A FOLLOWUP PROCEDURE IS ESTABLISHED TO INSURE COMPLIANCE WITH THE RECOMMENDATION. THE HEARING OFFICER THEN FILES A SUMMARY WITH CONCLUSIONS AND RECOMMENDATIONS FOR REVIEW AND APPROVAL BY THE DEPUTY CITY ATTORNEY. DISSATISFIED COMPLAINANTS MAY REQUEST A REVIEW. THE PROGRAM HAS BENEFITED RESIDENTS IN A NUMBER OF WAYS. THE PROGRAM HAS RESULTED IN SUBSTANTIAL DIVERSION OF MARGINAL OR MINOR CRIMINAL CONDUCT CASES FROM THE COURTS. DURING 1976, 94 PERCENT OF THE CASES REFERRED WERE RESOLVED AT THE HEARING STAGE. SINCE CONTINUANCES ARE RARE, THE DELAY OFTEN FOUND IN JUDICIAL PROCEEDINGS IS AVOIDED. MOREOVER, THE PROGRAM IS NOT RESTRICTED BY THE TIME AND PROCEDURAL CONSTRAINTS INHERENT IN CRIMINAL PROCEEDINGS. FAMILY OR NEIGHBORHOOD DISPUTES MAY BE SETTLED WITHOUT THE DISRUPTION, HOSTILITY, PUBLICITY, AND POLARIZATION OFTEN INCURRED BY FORMAL COURT ADJUDICATION. ALSO, THE PROGRAM IS EFFECTIVE IN OBTAINING VOLUNTARY COMPLIANCE, PROVIDES A FORUM FOR CITIZEN GRIEVANCES, AND OFFERS GREATER OPPORTUNITY FOR CITIZEN SATISFACTION. THE OFFICE ALSO HELPS THE ATTORNEYS RESPONSIBLE FOR FILING CASES. (JAP)