Hayden O'Byrne takes over an office that has the lowest morale that I have seen since I started working down here. And monster problems permeate the entire culture of 99 building. Some suggestions for the office below. Please add others to the comments:
1. Stop bringing the low level drug and gun state cases. Leave those to the state system. Focus on the large scale cases that the feds were traditionally known for.
2. Give your line prosecutors more discretion to do the right thing. Let them work out deals to pretrial diversion, minor role, lower loss, etc., without having to get 8 levels of approval.
3. See #2 when it comes to variances. Give line prosecutors the ability to agree to variances.
4. Make yourself and your senior staff available to defense counsel to discuss cases.
5. Open file discovery.
6. Early Jencks.
7. Stop filing motions in limine to preclude the defense from defending their clients.
8. Stop filing motions to reconsider when you lose a motion.
9. Stop assigning prosecutors who clerked for the judge to that judge's courtroom.
10. Zero tolerance for prosecutors who engage in misconduct.
11. What else?
10 comments:
Stop routinely asking for pretrial detention in cases where the presumption doesn’t apply.
OUCH. Assigning AUSA's who clerked for that judge. Shady
Paul, why should they stop asking for PTD in cases where there is no presumption? If judges grant it, then it must have been founded.
As to DOM's list, I agree with most, but I note that he wants the line prosecutors to have great discretion to give his client's a break while coupling that with an open door to go over their heads? Of course you do. USA and senior staff should meet with defense counsel on a need to basis on issues that bubble up from the deputy and section chiefs to the 8th floor.
For the commenters and the author: don't forget the USAO has a large and busy Civil Division, too. For the new executive division: forget the USAO has a Civil Division, if you even knew to begin with.
Lol. This list is, in essence, please stop litigating cases and make it a cakewalk
I have to say given that Trump is dismantling our democracy day by day I do not give a fuck about early Jencks.
Agree! “Give line AUSAs more discretion…” “but if I dont like that discretion let me get another bite at the apple with the bosses!”
Agree they should have discretion, but not sure why bosses would need to be involved in what’s normal plea discussions just cuz you don’t like the offer.
Agree on discovery and early Jenks… and the significant reduction of misconduct and disco violations alone would make any new U.S. Atty a hero!
Also boys and girls at 99… work starts at 9am… not 10:30-45 as you stroll in with you coffee…
1. Stop bringing the low level drug and gun state cases. Leave those to the state system.!!!
Have you ever seen what one of those low level gun criminals do to a person when they shoot then?
I am all in favor of feds bringing gun cases. Criminals walking around with guns are a menace and should not be left to the State to resolve to CTS.
State sentences for these crimes are far worse than federal sentences except in Miami-Dade County. Prosecution should be left to the State Attorney’s Offices.
12. protect the rule of law
13. brightline rules against rampant politicization of the office
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