Hawthorne Says Misdemeanor Prosecution by D.A. Too Costly

It would cost the city of Hawthorne about $178,000 extra each year if it were to transfer the responsibility of prosecuting the city’s misdemeanor cases to the district attorney’s office, according to a county report.

The report, which was made public last week, was requested last September by City Atty. Michael Adamson after community activist Raymon Sulser asked the City Council to consider the change.

Mayor Betty J. Ainsworth and Councilmen Steven Andersen, David M. York and Charles (Chuck) Bookhammer said that because of the higher cost, the city probably would not seek to transfer cases. They also said they oppose a transfer because it would take local control away from the city.

Councilwoman Ginny Lambert said she had not seen the report.

In an interview Friday, Sulser said he could not comment on the report because he had not read it.

The city would pay $412,672 annually to surrender its cases to the district attorney, according to the report from the county chief administrative office. In comparison, Hawthorne spends about $225,000 each year to prosecute the cases itself, city officials said. The city attorney’s office prosecuted 3,047 misdemeanor cases between July 1, 1988, and June 30, 1989.

Hawthorne is among eight cities in the county that prosecute their own misdemeanor cases; other cities turn the responsibility over to the district attorney’s office.

Last August, Sulser told the council that he believes the city attorney’s office has done a poor job of prosecution and asked the council to consider transferring the cases to the district attorney’s office. He also said he thought the transfer would save money.

To bolster his position, Sulser pointed to a Jan. 24, 1989, letter to Adamson from Inglewood Municipal Judge John J. Lynch. In the letter, a copy of which was obtained by The Times, Lynch criticized the city, saying its filings contained typographical and pleading errors that led, in some cases, to the prosecution of the wrong person.

Lynch, who presides over misdemeanor cases for Hawthorne and Inglewood, listed examples of errors that he said could expose the city to unnecessary lawsuits.

In an October interview, Adamson said he had studied the allegations and found no evidence to support Lynch’s conclusions.

Last month, York asked Police Chief Stephen Port to find out who leaked Lynch’s letter to Sulser.

Port confirmed Friday that he has interviewed several city employees and said he expects to complete his investigation within the next week.

He said the release of the letter apparently violates no laws but is a “question of ethics.”

In a Dec. 26, 1989, letter, Adamson urged the council to retain local control over misdemeanor prosecution, saying the county would “concentrate its resources on felony prosecutions and allocate whatever is left to misdemeanor” cases.

He also said the district attorney does not have time to coordinate with the Hawthorne Police Department on special problems within the city, such as prostitution and gambling.

According to the county report, the district attorney’s office would spend $244,078 annually to pay three deputy district attorneys and two paralegals to prosecute Hawthorne’s cases. The balance of the $412,672 would go toward overhead, employee benefits, supplies and rent, the report said.

In comparison, during the 1989-90 fiscal year, the city spent $183,458 to pay for two deputy city attorneys and a paralegal to prosecute cases, according to a city budget report. Other costs bring the total city cost to $225,000.

If the city decides to transfer its prosecution duties, City Manager R. Kenneth Jue said the city could pay for the district attorney’s services through a transfer of property taxes.