O.C. Quits Prosecuting Certain Minor Charges : Crime: D.A. says bankruptcy-related cutbacks leave office too few attorneys to handle all misdemeanors.

Small-time criminals are about to reap benefits from Orange County’s financial crisis.

Dist. Atty. Michael R. Capizzi announced Monday that because of bankruptcy-related cutbacks, his office will no longer prosecute lesser misdemeanor offenses such as trespassing, disturbing the peace, possessing alcohol as a minor, selling alcohol to minors, drag-racing and driving without a license.

As it is, such prosecutions rarely result in jail time. But officials nonetheless predicted that the public will notice the change.

Assistant Dist. Atty. Brent F. Romney said he expects an increase in such crimes as people learn that the odds of landing in jail have shrunk even further.

“These kinds of crimes tend to have a much broader impact upon the typical citizen than the serious felony because the serious felony is much more remote and rare,” Romney said.

“We call cases like these ‘quality of life’ cases. What will happen is that while Orange County is now a delightful place to live . . . the quality of life is going to deteriorate.”

From now on, less serious misdemeanors will be filed by police officers as infractions and handled by the courts in the same manner as traffic tickets.

Since jail time cannot be imposed for infractions, defendants will no longer be entitled to a jury trial. The maximum fine will be $250.

Last year, the district attorney prosecuted 723 disturbing the peace violations involving adults and 209 cases of minors in possession of alcohol or being sold alcohol. There were also more than 5,000 cases of driving with a suspended license by first-time offenders, Romney said.

The changes are in response to the latest cutbacks forced by the Orange County’s Dec. 6 bankruptcy, which has left the district attorney with 10% fewer lawyers. The office’s budget has been cut $4.1 million for next year.

“Because of the increase in more serious felony and misdemeanor cases, and the decrease in the number of attorneys available to handle these cases, priority must be given to the more serious offenses,” Capizzi said in a prepared statement released Monday.

Orange County Sheriff’s Lt. Dan Martini said the new procedures will make it tougher for officers in the field who may have to deal with more repeat offenders.

“We’ll continue to do our jobs, but our concern is that if you minimize the offense, if you can’t book them, then you take a tool away from the officer,” Martini said. “You may send a message that it’s a lesser offense.”

The district attorney’s office prosecutes misdemeanor offenses for all Orange County cities except Anaheim, which has it own staff of city prosecutors.

Romney said state law gives a district attorney the authority to decide whether to pursue certain less serious crimes as misdemeanors or infractions. He said the district attorney will retain the right to prosecute some cases as misdemeanors, particularly for repeat offenders or if a police officer feels a case is particularly egregious.

Laguna Niguel Municipal Court Judge Pamela L. Iles said she doubts the new policies will have a significant impact on public safety because many lesser misdemeanor cases typically end with fines, not jail time.

But Iles said she is concerned about treating drag-racing or driving with a suspended license as an infraction.

“You can impound a car for an infraction, but the person can always get it back,” Iles said. “I think in those cases it is not a good idea. People die in speed contests. I’m sure Mr. Capizzi, though, isn’t taking these steps lightly.”

Earlier this month, the district attorney announced plans to eliminate 10 positions, including one attorney’s position, and reassign three prosecutors who previously specialized in arson cases, crimes against the elderly and child abuse. The 10 eliminated positions were in addition to 90 positions in the office left unfilled, including 22 attorneys’ slots.

Overall, the office is down 23 attorneys, or about 11% of its 205 attorney positions, Romney said.

Capizzi also said that because of the lack of staffing, prosecutors will be unable to take advantage of a recent change in state law that allows agencies to impound cars and trucks driven by unlicensed drivers with prior convictions, then auction the vehicles and reap part of the profit.

“Enforcement of this statute in this county would have a tremendous deterrent effect upon individuals who insist on driving while their license is suspended,” Capizzi said.

“We want to enforce this law, and we are willing to enforce this law. But, because of the most recent budget cuts, we are unable to prosecute these cases. We simply do not have enough attorneys to do so.”

County prosecutors also will pass, he said, on filing misdemeanor counts on such offenses as zoning and building code violations.

Since the bankruptcy, Capizzi has been ordered by county supervisors to cut $4.1 million from his budget--his department’s share of the $188 million in cutbacks ordered countywide. The cutbacks come at a time when county prosecutors are handling a rising number of felony cases. Prosecutors filed 12,318 felony cases last year, a 4% increase over 1993, and the number is expected to go up this year for a total increase of 10% during two years.

The district attorney’s office was also confronted with a 49% increase in felony jury trials last year because of the new “three strikes and you’re out” law, Romney said.

The legislation mandates that violent felons convicted a third time face mandatory sentences of 25 years to life in state prison, prompting many suspects to fight the cases at trial, rather than entering pleas.

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Bankruptcy Fallout

Prosecutors say a 10% cut in attorneys next year and a growing felony caseload leaves the Orange County district attorney’s office unable to handle many lesser misdemeanors. Here’s the office’s felony caseload, along with staffing numbers in recent years:

ATTORNEYS CASES CASES PER ATTORNEY 1994 198 12,318 62.2

Source: Orange County district attorney