March 25, 2010 in City

Tucker tepid about office review

Consultant says prosecutor’s office could use outside help
By The Spokesman-Review
 

Tucker
(Full-size photo)

Map of this story's location

Prosecutor Steve Tucker doesn’t know the guy’s name or where he’s from, but he’s hoping that the “professional prosecutor” found by a consultant can help Spokane County solve a worsening problem of releasing crime suspects back into the community because his office is unable to file necessary paperwork.

“I’m not too much in favor of hiring more consultants,” Tucker said. “That money could be used hiring attorneys back and getting them back to work here.”

But he said he agreed to the plan rather than risk being labeled an “obstructionist.”

Consultant David Bennett, who has worked with the county to overhaul the local criminal justice system, suggested that the Spokane County Commission hire a prosecutor from Florida to evaluate Tucker’s office. Bennett wouldn’t name the attorney, who works as an assistant to a state attorney, because he hadn’t offered him the consulting position yet.

Bennett and Tucker said the county would spend about $5,000 for the prosecutor to spend a couple of days working with deputy prosecutors Shane Smith and John Grasso, who supervise the drug and property crime unit, which has most of the backlog of cases.

“The guy I’m bringing in, like Steve, is a professional prosecutor,” said Bennett, who is based out of Park City, Utah. “This is not in any way a slight to Mr. Tucker or his administration. Many organizations do this on a regular basis to do a look-see to see if there is a more efficient way of doing business.”

Bennett has worked with law enforcement, judges and prosecutors to streamline the booking processes and court hearings to minimize the time offenders spend in jail while giving offenders options – such as drug rehabilitation or job skills – that get them out of cycles of offending.

But the key to reforming the local system is making sure paperwork is forwarded to judges within 72 hours. Otherwise, the filing delays cause compounding problems, such as warrants being issued for failure to appear in court, more bench warrants, more law enforcement time searching for suspects in past crimes, a fuller jail and offenders who sometimes have to appear in court years after they changed their ways for the better.

“We cannot go backwards,” Bennett said. “This is where we were a couple years ago. We need to get on top of this. It’s at the forefront of all the changes and reforms we are making in the system.”

Tucker said his office performed well last year until county leaders cut seven attorneys, most of whom handled drug and property crimes.

“We are trying to manage it. But we just don’t have the people to do it,” he said. “It’s just depressing.”

The prosecutor’s office also has had several attorneys facing medical problems, a couple of attorneys who had maternity leave and the added stress in the drug and property crime unit that prompted a couple secretaries there to quit, Tucker said.

“The guy may come in and say ‘I don’t see a thing you can do,’ ” Tucker said.

But one of the solutions will not be Tucker taking a more active role in managing how deputies handle cases, he said.

“My job is not to micromanage and go to each case and say ‘What are you doing here?’ ” he said. “I trust that my deputies are doing that.”

But Frank Malone, who along with former deputy prosecutor Dave Stevens, is challenging Tucker in the upcoming election, said the deputies need more leadership from their elected boss.

“If it were me … what I would do is get in there after hours and on Sundays to make sure people get charged,” Malone said. “I’m hearing the budget caused this, but this has been going on – except for one small interlude – for eight years. My theory is there is under-management going on.”

15 comments on this story so far. Add yours!
  • Not_woriking on March 25 at 12:31 a.m.

    under management = mis-management.

    Golly gee.. I must be just so confused.. after what 8 years or so, Tucker is not a “professional prosecutor”? So much for on the job instruction.

    Why dont we just electe Bennet and save the tax payers a passle of money?

  • Not_woriking on March 25 at 1:07 a.m.

    1) Tucker hopes that the “professional prosecutor” can be found.

    a. Certainly not at the golf course.
    b. Should look in the mirror, but there is not one there.
    c. Why dont we elect one?
    d. Didnt we elect one for the last 8 years? Might as well search for the Holy Grail or the fountain of youth or Doug Clarks hairpiece.
    e. All of the above.

    2) Tucker agreed to the plan rather than risk being labeled an “obstructionist.”

    a. Illegal firing one of your best prosecutors is not obstructionist. Especially if he is running for your job.
    b. Not investigating the Otto Zehm Murder is not obstructionist.
    c. Not investigating the Jo Savage death and coverup is not obstructionist
    d. Not being in the office at least 40 hours a week is not obstructionist. Maybe putting a putting green and a wet bar in the office will help?
    e. None of the above.

    3) David Bennett wont name the attorney because he hadn’t offered him the consulting position yet.

    a. When does a consultant hire another consultant to do the job of the prosecutor we elected?
    b. Why does the Prosecutor need a consultant to hire a consultant to tell the prosecutor he is incompetent?
    c. There is not one single competitant attorney in the prosecutors office that knows whats going on so that we have to hire a consultant to tell us we have to hire a consultant?
    d. We could fire that consultant and hire two attorneys in his place.
    e. All of the above.

    4) Spend about $5,000 for the “professional prosecutor: to spend a couple of days working with deputy prosecutors Shane Smith and John Grasso, who supervise the drug and property crime unit, which has most of the backlog of cases.

    a. Ok who really is the supervisor, Smith or Grasso? and why do we need two?
    b. What is the distribution of attorneys in the department?
    c. Low lying fruit should be picked first.
    d. How about having Tucker spend a couple of days with the deputy prosecutors to learn what is going on in his office?
    e. Happy hour for everyone at the golf club.

    5) Tucker will not be taking a more active role in managing how deputies handle cases.

    a. Micromanagment is better than no management
    b. Those whom are blind cant see.
    c. How can one take more active management when there is none at all?
    d. Supervision its what leaders do, besides inspire and give policy and guidance.
    e. None of the above.

    6) the deputies need more leadership from their elected boss.

    a. Clue # 1
    b. BOSS is double SSOB spelled backwards.
    c. there cant be MORE leadership when there is NONE to begin
    d. 8 years huh of no leadership? Most fools can figure their job out in a couple of months.
    e. I’ll drink that all the above.

    7) My theory is there is under-management going on.”

    a. After all its just a theory.
    b. Undermanagement.. is that negative management, or no management. How can there be a lack of nothing?
    c. Managers count beans. Leaders inspire to create ownership, and accountability and enable their people to be the best that they can be.
    d. what I would do is get in there after hours and on Sundays to make sure my people are in there after hours and on sundays charging them.
    e. All the above

  • ChefGus/ John Olsen on March 25 at 4:40 a.m.

    This is increasing proof that possibly the “rumors” about Mr Tucker are worth pursuing… and the County Comissioners are largely responsible for overisght on this seemingly totally innefective, and by his own defiition lazy man. He should be ashamed of himself… very ashamed… at the risk and excess cost he created in his 8 years in office. dr john

  • DPA on March 25 at 6:30 a.m.

    Let me see if I can get this right. At the end of last year there was no backlog of cases in the property unit and the drug unit of the prosecutor’s office. The cases were being prosecuted as soon as they were referred by law enforcement. The county commissioners then make a severe cut to the prosecutor’s budget resulting in the loss of 7 prosecutors and many staff positions. The commissioners were told at the time this would result in the backlog of cases because there would not be anyone to do the work. NOW there’s a problem? The prosecutors are lazy and the office is mismanaged?

    How do I know that there was no backlog of cases in the prosecutor’s office? I work prosecuting these cases. How do I know the impact of the budget cuts the commissioners made to the prosecutor’s office? I’m drowning in cases needing to be prosecuted.

    The county commissioners have not made public safety a priority in this county. Consultants are more concerned about lining their own pockets. The longer there is a “problem” the more money they can make “consulting”.

    How about spending that money on filling the necessary positions? How about the Spokesman investigate the result of the budget cuts on the prosecutor’s office and how the commissioners spend public money?

    I notice the commissioners, the consultant, or the candidates for prosecutor (who are feebly using this for political gain) have not explained how the remaining prosecutors can do the work of the 7 prosecutors that were let go.

  • Liberty_Bell on March 25 at 7:53 a.m.

    Boy this Tucker is an imbecile, and also obviously oblivious to reality.

    Those U.S. Supreme Court Cases dealing with incompentant prosecutors, could only confuse Tucker!

    Connick v. Thompson (09-571), limited to the first question presented (Does imposing liability for failing to train a prosecutor on a district attorney’s office for a single Brady violation contravene rigorous culpability and causation standards?)

  • MrDavis on March 25 at 8:37 a.m.

    The commissioners have given the racetrack a higher priority than public safety. Tucker and Ozzie told them last year what would happen if these cuts were made, and it has. Now, everyone with an agenda (to win an election or hide their incompetence), or a political ax to grind, is piling on. Numbers don’t lie-an examination of staffing levels and caseloads tell the tale, but neither the media nor the critics are interested in looking at the facts.

  • omaha on March 25 at 10:07 a.m.

    The drug and property unit is the most overworked unit in the prosecuting attorney’s office; however, they have had the most cuts in attorney’s and support staff of all the units. They also have had several attorneys that have been on maternity leave or out due to serious illness.

  • cowboy on March 25 at 2:26 p.m.

    why are my posts being deleted?

  • misjustice on March 25 at 3:19 p.m.

    Ha, ha; LMFAO! : ) notworiking, you made my day! Loved, loved,loved your multiple guess test! You are very creative!

    Look, this loser Tucker, has had years to get this right. Supervision of cases is what good prosecutors do; it’s not “micro managing”. But apparently, Tucker has not gotten the hang of how to supervise. Therefore, why is he still in his job?

    Tucker, Tucker; rhymes with….?

    LMFAO! ; )

  • Elohimhawk on March 25 at 5:23 p.m.

    I have heard that Mr. Tucker took a big pay raise for himself and his remaining employees rather than keep the 7 attorneys he layed off. Is that true?

  • Elohimhawk on March 25 at 5:23 p.m.

    I think we need a new prosecutor that will do what the people want and not what he wants.

  • Marie on March 25 at 7:54 p.m.

    Tucker and the remaining employees did not receive big pay raises. The question you should be asking is why the County Commissioner and Human Resources budgets increased by about 7% when almost every other department had their budget decreased.

  • D Statler on August 04 at 9:36 p.m.

    I understand where the actual prosecutors trying to do the job are unhappy with cuts. Every American reading this article has had to pick up slack at work and do more with less.You would be better off swimming without the dead weight tied around your feet in the Prosecutors office. A major change in how buisness is conducted and cases are charged is in immediate need.Try filing only the charges you have legal evidence to proove.The fraudulent, excessive charges just cause tons more work. I will try to elect a leader that doesn’t mind rolling up his sleeves for something besides golf. MALONE or BUGBY,just havn’t made my final choice.

  • Ron_the_Cop on August 04 at 9:50 p.m.

    See my post in the article thread:

    http://www.spokesman.com/stories/2010/aug/04/prosecutor-hindered-by-cuts/?comments#c177863

    As for the 72 hour issue this is absurd and a complete waste of public resources, causes duplicate work on those who are released from custody because the charges aren’t filed on time and causes court case backlogs.

    Yes this isn’t entirely Tucker’s fault but he is the lead player and could have taken a leading role with the law enforcement agencies and the courts to mitigate this fiasco. Instead Tucker can’t be found on most days.

    We need a leader in this office and not one that just occupies this office and collects his check.

  • Ron_the_Cop on August 04 at 9:52 p.m.

    BTW Tucker was on the Fitzsimmons Radio Show this afternoon. You can listen to this interview and his four opponents on my site:

    www.ronthecop.com

    BTW I’m voting for Stevens.

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