Efficiency and Justice Can Mix

Fortunately, relatively few San Fernando Valley residents are likely to be victims of violent crimes like murder or robbery this year. However, the odds of escaping any number of so-called “quality of life” crimes--vandalism, theft--aren’t so good. Recognizing that these kinds of crimes can slowly tear the fabric of a community, Los Angeles police and prosecutors have done an admirable job of cracking down on vandals, thieves and prostitutes through community-based policing. But now they fear that their efforts may be for naught as experimental rules to make the Municipal Court more efficient demand greater organization and preparation.

Although critics correctly note that the new rules, which went into effect last November in Van Nuys, leave little legal wiggle room, they need not be the catastrophe some prosecutors fear. The pilot program--also being tried in Los Angeles--reduces the number of pretrial hearings in misdemeanor cases from two to one in an effort to streamline the judicial process. Pretrial hearings allow prosecutors and defense attorneys a chance to hammer out plea bargains that might avoid the burden of trial.

But Municipal Judge Mel Red Recana, who wrote the new rules as supervising judge, says the first hearing rarely produced any legal movement and that most cases settled did so at the second hearing as the threat of trial loomed. Prosecutors argue that the new rule gives them a single chance to make their case or face agreeing to deals they don’t like. Worse, they fear dismissal of cases if witnesses fail to show up for court.

Those fears are valid, but only if court officials, prosecutors and police officers continue to operate as if the former, less strict rules still applied. As residents rightly demand more efficiency in everything from city government to criminal justice, prosecutors must plan ahead and make sure their cases are as tight as possible and that witnesses are ready to go. Police officers, often the only witnesses in misdemeanor cases, also must take seriously their role in the process by making every effort to be in court when called. Court officials are tracking the new rules and will review the results at the end of March.

Until then, prosecutors will have to adjust. None of the changes will be easy. But they need not turn misdemeanors into what one prosecutor called “crimes without consequence.” Justice and efficiency are not mutually exclusive.