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Rep. Peter J. Daley, II In an effort to ease the workload on county prosecutors, therefore making Pennsylvania safer, I recently introduced legislation that would make most of the state's district attorneys full-time positions. In the last decade, we have increasingly asked more and more of our district attorneys as new rules adopted by the Pennsylvania Supreme Court and new legislation passed by the General Assembly have gone into effect. One example is the dramatic increase in the amount of technology-related issues these offices now face, including DNA evidence and computer-related crimes. According to the U.S. Department of Justice, in 2001, two-thirds of the nation's prosecutors' offices used DNA evidence during plea negotiations or felony trials, up from less than half in 1996. Additionally, a full-time status for district attorneys reduces the potential for conflicts -- or the appearance of conflicts -- of interest and results in greater availability and increased accountability. I don't think anyone would disagree with the argument that Pennsylvanians deserve to be represented in criminal matters by a full-time attorney whose entire attention is devoted exclusively to the administration of justice. This is a matter of good public policy with the intent of strengthening our state's criminal justice system. Current law prohibits full-time district attorneys from holding outside employment. However, counties treating the position as part time allow prosecutors to support themselves through private law practices. That creates the potential for conflicts of interest. This legislation follows a national trend showing the number of full-time prosecutors growing across the country. Last year, the percentage of local prosecutorial districts headed by full-time district attorneys increased from 53 percent to 77 percent. Yet, Pennsylvania joins Missouri, Iowa, Kansas, North Dakota, Nebraska and South Dakota with 50 percent or more of district attorneys serving only part time. In Pennsylvania, only 26 of the 67 counties have full-time district attorneys. Under my bill, the state would pay for the additional salary burden for each county's district attorney, helping to reduce the financial limitations that could prevent counties from making the position full time. Each county would receive a $75,000 credit to help it cover the cost of the salary. Most counties that have part-time prosecutors would be required to make the position full time, except for the six counties with the smallest populations. The county commissioners in those six counties would have the option to choose between part-time or full-time district attorneys. More than 120 of my colleagues agree that full-time district attorneys are necessary for Pennsylvania and have signed on to his legislation as co-sponsors. Both the American Bar Association and the National District Attorneys Association also have stated that the position should be full time. CapNews Guest Speaker: Archives |
