Office of the Pierce County Prosecuting Attorney

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					Office of the Pierce County Prosecuting Attorney
930 Tacoma Avenue South
Room 946
Tacoma, WA 98402-2171
(253) 798-7400




May 13, 2003


Honorable Gary Locke
Governor
State of Washington
Executive Office
Legislative Building
Olympia, WA 98504

Dear Governor Locke:

The following annual report represents the year ending December 31, 2002.

Very truly yours,




GERALD A, HORNE
Pierce County Prosecuting Attorney

GAH:sv




                                                        1
TABLE OF CONTENTS


STATEMENT – GERALD A. HORNE............................................................................ 3

ADMINISTRATION ......................................................................................................... 12

CIVIL DIVISION .............................................................................................................. 14

CRIMINAL DIVISIONS ................................................................................................... 23
       Felony Division ................................................................................................................... 25
       Misdemeanor/Traffic ......................................................................................................... 29
       Juvenile Division................................................................................................................. 31
       Investigative Services Unit................................................................................................. 32
       VWAS.................................................................................................................................. 33
       El CID ................................................................................................................................. 33

FAMILY SUPPORT DIVISION ....................................................................................... 34




                                                                                2
As an office, we had a tremendous year in 2002. Our Family Support Division was innovative
and aggressive in protecting the rights of children and families with regards to fathers who try to
evade their responsibilities. Our juvenile crime rate continued to go down. Our District Court
deputies admirably sought to stem the tide of domestic violence and affected drivers through
prosecuting 1,902 “drunk” drivers and 1,088 domestic violence offenders. Our felony deputies
continued to carry the heaviest caseloads of any of the large counties while maintaining a
conviction rate comparable to the best offices. Our civil Division had another great year in
defending the county against lawsuits, and keeping our settlements among the lowest in the state.
 One of our civil attorneys even argued an issue before the U.S. Supreme Court and prevailed,
reversing a decision of our State Supreme Court.

Undaunted by the most difficult cases in 2002, our deputy prosecutors prevailed by getting the
truth to the jury in the face of the most fierce opposition. Not surprisingly, our trial attorneys
have earned a reputation of preeminence, as few if any other attorneys face comparable
seasoning through years of the most intense and frequent trial battles. I am humbled and pleased
to serve with these unusually dedicated public servants. In view of the expectations placed on
each and every person in this office, Churchill-type words could apply, as seldom does history
show where so much is done by so few for so many (in this county).

Felony Crime Rate Reduced. The year 2002 was hopefully a turning point in the never -ending
spiral of increasing felony prosecutions during the past 15 years. Both the numbers of police
referrals and the numbers of offenders charged with felonies decreased. We prosecuted 6,003
felons in 2002, as compared to the 6,575 felons we charged in 2001.

The number of police referrals for felony prosecutions in 2002 similarly dipped by 840 (from
10,009 to 9,169). We are grateful for the decline, but had hoped for an even greater reduction,
setting a goal of cutting our crime rate in half within a 5-year period. We knew that the goal
could be reached, but only if we had cooperation from state policy makers, primarily the
Department of Corrections (DOC) and DSHS, and the shifting of convict programs to the north
Seattle-Everett-Bellevue areas which have been underrepresented in convict programs during the
past 35 years. Unfortunately in 2002, DOC wouldn't even admit to the abusive saturation of the
Tacoma area with prison convicts, much less agree to change policy of Tacoma/Lakewood as the
primary siting areas for prison convict programs.

In 2001, our Pierce County Prosecutors Office convicted 19.7% of all the felons convicted in the
state (per statistics kept by the Office of the Administrator of the Courts). Our prosecutors
convicted almost as many felons as huge King County, which convicted 21.1% of the state’s
felons in 2001. King County’s population is 2 ½ times larger than Pierce’s. Our dedicated
prosecutors convicted more felons than the combined total convicted by the next three largest
counties, Snohomish (6.6%), Spokane (5.4%) and Clark (6.4%).

It had become readily apparent that within another 10 to 15 years, Pierce County would be
convicting 25% of all the state’s felons if changes were not made by state policy-makers
regarding their practice of saturating the Tacoma/Lakewood areas with prison convicts via
                                                 3
programs for drug addicts, sex offenders, developmentally disabled offenders, juvenile sex
offenders, and state convicts completing their prison sentences in work release and prerelease
facilities.

Juvenile Crime’s Downward Trend Continued. In 2002 the number of juvenile cases referred
for charging was reduced for the 4th year in a row! This reduction occurred despite the fact that
the numbers of young people in our schools continues to grow rapidly! We take great pleasure
in seeing the lowest rates of juvenile crime since the ‘60’s. We applaud all our citizens who
have really cared about our young people, particularly “at risk” youth, and have given time and
energy to guide them. We also applaud all the organizations, particularly our county’s schools
and professionals at Remann Hall, for their efforts on behalf of our school age citizens. We also
applaud our youth, and look forward to their contributions as adults, as we continue to make
Pierce County a safer place to live.

Serial Killer Yates and other Notorious Offenders. In 2002 our office completed
prosecutions of some of this state’s most notorious criminal cases. A jury gave serial killer
Robert Yates the death penalty for his killing of two vulnerable women in our county, Yates had
also killed vulnerable women in Spokane and other counties.

The final two defendants in the “Trang Dai Massacre” were sentenced to prison for “life without
parole” for their roles in the shooting deaths of five persons and the wounding of five others at a
Tacoma café. The Trang Dai incident highlighted brilliant investigations by Tacoma detectives
who also solved the ensuing gunshot murder of a state’s witness through the victim’s bedroom
window. The witness killing had been timed to take place prior to the trial of the last two Trang
Dai killers. The two witness killers pleaded guilty to First Degree Murder charges.

Upon a second retrial, Brian Eggleston was again convicted of murder for his slaying of Deputy
Sheriff John Bananola during service of a search warrant at the killer’s home.

The meticulously planned ambush murder in 1995 of young executive Robert Henry as he left
his office led to the 2002 First Degree Murder conviction of the killer (Robert Shandola). With
great resolve and dogged determination, detective Yerbury had uncovered the circumstances of
the stealth killing by Shandola.

Finally in 2002, an important measure of justice was obtained in the shooting death of Ann
Harris even though the killer (Campbell Alefaio) had been acquitted of murder charges in an
earlier trial. Alefaio and his 3 friends were convicted of perjury charges for the testimony that
had caused the earlier murder acquittal of Alefaio. Alefaio and one of his perjury co-
conspirators were sentenced to prison for 10 years; two other perjury co-conspirators received 5-
year sentences.

Crimes Against the Environment. During 2002, our civil deputy prosecutors vigorously
pursued persons who have been jeopardizing our environment via massive junkyards, to include
commercial junkyards. This campaign against the “Dirty Dozen” was inspired by Executive
John Ladenburg, and led to substantial jail sentences for some offenders. Numerous
                                                 4
accumulations of junk and garbage were cleaned-up during this campaign, and served notice to
other offenders to cease, desist and clean up before we take action through criminal and civil
statutes.




                                               5
                                                      Reported Murders in Washington State

    Year
                      KING COUNTY            PIERCE COUNTY            SNOHOMISH COUNTY              SKAGIT COUNTY               WHATCOM COUNTY
                          POPULATION             POPULATION                POPULATION                   POPULATION                 POPULATION

        1990           83     1,507,319       46            586,203      12            465,642        3              79,555      2      127,780

         1991          74      1,542,269      57            603,805        7            483,989       1               82,790     3       132,202

         1992          95      1,564,454      56            624,002       11            494,291       0               85,493     4       137,100

         1993         104      1,587,644      57            640,698        8            507,903       6               88,499     3       140,902

         1994         105      1,599,431      64            648,902       12            516,501       3               91,002     6       144,997

         1995          79      1,613,470      53            660,194       14            525,596       3               93,099     5       148,317

         1996          70      1,628,728      45            665,200       14            538,100       1               95,499     4       152,801

         1997          85      1,652,700      36            687,599       18            551,636       2               97,109     5       154,482

         1998          77      1,671,685      46            703,636        9            564,884       2               99,175     4       158,512

         1999          76      1,691,530      20            719,619       11            578,816       2              101,666     1       162,206

         2000          58      1,735,223      33            699,447       10            605,508       4              102,876     5       166,651

         2001                  1,758,300                    713,400                     618,600                      104,100             170,600


Rate (Rank)*          0.04                  0.06                        0.02                        0.02                       0.03


* Rate per thousand
          Source: Washington Association of Sheriffs and Police Chiefs Annual Uniform Crime Reports. Data recorded
in Washington State Office of Financial Management Criminal Justice Databook.
          Source: DSHS Research and Data Analysis Estimates using Washington State Office of
Financial Management and Claritas, Inc. population totals.



                                                                            6
                                                  Reported Violent Crimes in Washington State

                      KING COUNTY           PIERCE COUNTY           SNOHOMISH COUNTY             SKAGIT COUNTY         WHATCOM COUNTY


   YEAR                      POPULATIO               POPULATIO                  POPULATIO                 POPULATIO            POPULATIO
                                  N                      N                          N                         N                    N
        1990          10,790   1,507,319       4,873    586,203           1,048    465,642            112     79,555       338    127,780

        1991          10,949   1,542,269       5,726      603,805         1,228      483,989          134     82,790       412    132,202

        1992          11,281   1,564,454       5,710      624,002         1,138      494,291          179     85,493       367    137,100

        1993          11,113   1,587,644       5,577      640,698           935      507,903          160     88,499       344    140,902

        1994          10,256   1,599,431       5,941      648,902         1,004      516,501          169     91,002       418    144,997

        1995           8,551   1,613,470       5,660      660,194           983      525,596          148     93,099       493    148,317

        1996           8,101   1,628,728       4,866      665,200           988      538,100          183     95,499       464    152,801

        1997           8,343   1,652,700       5,291      687,599         1,668      551,636          148     97,109       460    154,482

        1998           7,848   1,671,685       4,878      703,636         1,677      564,884          148     99,175       465    158,512

        1999           7,297   1,691,530       4,388      719,619         1,509      578,816          165    101,666       453    162,206

        2000           7,460   1,735,223       4,544      699,447         1,436      605,508          141    102,876       372    166,651

        2001                   1,758,300                  713,400                    618,600                 104,100              170,600

Rate (Rank)*            4.76                    7.16                       2.46                       1.58                2.87


* Rate per thousand
          Source: Washington Association of Sheriffs and Police Chiefs Annual Uniform Crime Reports. Data
recorded in Washington State Office of Financial Management Criminal Justice Databook.
          Source: DSHS Research and Data Analysis Estimates using Washington State Office
of Financial Management and Claritas, Inc. population totals.

                                                                     7
                                                      REPORT ROBBERIES IN WASHINGTON STATE

    Year              KING COUNTY               PIERCE COUNTY              SNOHOMISH COUNTY                SKAGIT COUNTY               WHATCOM COUNTY

                             POPULATIO                    POPULATIO                     POPULATIO                     POPULATION                    POPULATION
                                 N                            N                             N
         1990          3,507    1,507,319           1,315     586,203               248     465,642              15          79,555            54       127,780

         1991          3,871      1,542,269         1,633        603,805            322        483,989           25          82,790            51       132,202

         1992          3,718      1,564,454         1,548        624,002            338        494,291           41          85,493            39       137,100

         1993          3,790      1,587,644         1,443        640,698            313        507,903           32          88,499            61       140,902

         1994          3,813      1,599,431         1,445        648,902            228        516,501           28          91,002            60       144,997

         1995          3,477      1,613,470         1,401        660,194            229        525,596           32          93,099            74       148,317

         1996          3,230      1,628,728         1,218        665,200            210        538,100           45          95,499            92       152,801

         1997          3,272      1,652,700         1,330        687,599            459        551,636           37          97,109            85       154,482

         1998          2,843      1,671,685         1,305        703,636            412        564,884           44          99,175            91       158,512

         1999          2,695      1,691,530         1,111        719,619            344        578,816           39         101,666            99       162,206

         2000          2,652      1,735,223         1,205        699,447            322        605,508           39         102,876            73       166,651

         2001                     1,758,300                      713,400                       618,600                      104,100                     170,600

Rate (Rank)*            1.82                         1.83                          0.59                        0.40                          0.55


* Rate per thousand
           Source: Washington Association of Sheriffs and Police Chiefs Annual Uniform Crime Reports. Data recorded in Washington State Office of
Financial Management Criminal Justice Databook.
           Source: DSHS Research and Data Analysis Estimates using Washington State Office of Financial Management and
Claritas, Inc. population totals.



                                                                            8
                                              REPORTED AGGRAVATED ASSAULTS IN WASHINGTON STATE
    YEAR             KING COUNTY                 PIERCE COUNTY    SNOHOMISH COUNTY      SKAGIT COUNTY                                  WHATCOM COUNTY

                             POPULATIO                     POPULATI                     POPULATIO                     POPULATIO                    POPULATIO
                                 N                            ON                            N                             N                            N
         1990          6,080    1,507,319            2,989     586,203              571     465,642                57      79,555              202     127,780

         1991          5,709      1,542,269          3,430       603,805            640        483,989             53        82,790            290     132,202

         1992          6,210      1,564,454          3,449       624,002            576        494,291             96        85,493            221     137,100

         1993          5,998      1,587,644          3,663       640,698            398        507,903             75        88,499            198     140,902

         1994          5,315      1,599,431          3,990       648,902            487        516,501             89        91,002            253     144,997

         1995          4,122      1,613,470          3,820       660,194            472        525,596             73        93,099            300     148,317

         1996          3,912      1,628,728          3,299       665,200            520        538,100             98        95,499            296     152,801

         1997          4,252      1,652,700          3,540       687,599            811        551,636             72        97,109            269     154,482

         1998          4,117      1,671,685          3,190       703,636            849        564,884             58        99,175            272     158,512

         1999          3,873      1,691,530          2,909       719,619            715        578,816             90       101,666            234     162,206

         2000          4,087      1,735,223          2,965       699,447            682        605,508             62       102,876            213     166,651

         2001                     1,758,300                      713,400                       618,600                      104,100                    170,600

Rate (Rank)*            2.44                          4.77                         1.20                          0.77                         1.68


Rate per thousand

           Source: Washington Association of Sheriffs and Police Chiefs Annual Uniform Crime Reports. Data recorded in Washington State Office of
Financial Management Criminal Justice Databook.
           Source: DSHS Research and Data Analysis Estimates using Washington State Office of Financial Management and
Claritas, Inc. population totals.


                                                                            9
                                                         Reported Forcible Rapes in Washington State


   YEAR               KING COUNTY               PIERCE COUNTY               SNOHOMISH COUNTY                SKAGIT COUNTY              WHATCOM COUNTY
                              POPULATIO                 POPULATI                     POPULATIO                      POPULATIO                  POPULATIO
                                  N                        ON                            N                              N                          N
         1990           1,120    1,507,319          523     586,203              217     465,642                 37      79,555             80     127,780
         1991          1,295      1,542,269           606        603,805            259        483,989             55        82,790             68   132,202

         1992          1,258      1,564,454           657        624,002            213        494,291             42        85,493            103   137,100

         1993          1,221      1,587,644           414        640,698            216        507,903             47        88,499             82   140,902

         1994          1,023      1,599,431           442        648,902            277        516,501             49        91,002             99   144,997

         1995            873      1,613,470           386        660,194            268        525,596             40        93,099            114   148,317

         1996            889      1,628,728           304        665,200            244        538,100             39        95,499             72   152,801

         1997            734      1,652,700           385        687,599            380        551,636             37        97,109            101   154,482

         1998            811      1,671,685           337        703,636            407        564,884             44        99,175             98   158,512

         1999            653      1,691,530           348        719,619            439        578,816             34       101,666            119   162,206

         2000            663      1,735,223           341        699,447            422        605,508             36       102,876             81   166,651

         2001                     1,758,300                      713,400                       618,600                      104,100                  170,600

Rate (Rank)*            0.46                          0.51                         0.64                          0.39                         0.62


* Rate per thousand
           Source: Washington Association of Sheriffs and Police Chiefs Annual Uniform Crime Reports. Data recorded in Washington State Office of
Financial Management Criminal Justice Databook.
           Source: DSHS Research and Data Analysis Estimates using Washington State Office of Financial Management and
Claritas, Inc. population totals.




                                                                            10
                         PIERCE COUNTY PROSECUTING ATTORNEY’S OFFICE



           STAFFING LEVEL BY DIVISION                       ATTORNEYS        SUPPORT STAFF          TOTAL

      Administration (Includes Prosecuting Attorney)             2                    6                8

                      Civil Division                             20                   9               29

                     Felony Division                             51                45.15             96.15

                      Appeals Unit                               4                    2                6

                    Juvenile Division                            10                  8.5             18.5

                 Misdemeanor Division                            19                  13               32

                     El Cid Program                                                   2                2

                     Family Support                              13                  25               38

                          Total
                                                                119                110.65           229.65


The above table represents full-time employees of the Prosecuting Attorney’s Office. Not included: Legal
Interns and extra hire positions.




                                                       11
                 ADMINISTRATION

               Prosecuting Attorney
Administrative Manager        Administrative Deputy
              Human Resources Manager
             Administrative Secretary
                Accounting Assistant
    Dept. Information Services Technicians (2)
                  Staffing level 8




                        12
                                              PIERCE COUNTY PROSECUTING ATTORNEY

2002 EXPENDITURES

Salaries.................................................................................................... $13,279,751

Overtime .................................................................................................. .............. 101,712

Personnel Benefits................................................................................... ........... 2,852,227

Office/Operating Supplies ...................................................................... .............. 237,884

Minor Equipment ................................................................................... .............. 174,112

Professional Services .............................................................................. .............. 493,829

Communications ..................................................................................... .............. 252,036

Training & Travel................................................................................... .............. 137,444

Legal Advertising.................................................................................... ................ 13,400

Rent.......................................................................................................... .............. 516,000

Insurance ................................................................................................. .............. 337,739

Repairs/Maintenance.............................................................................. ................ 38,822

Miscellaneous .......................................................................................... .............. 899,695

(Witness fees, dues and memberships, other miscellaneous, filing fees, outside printing, quick copy, print shop
county, sales tax payment, photo developing and print, extradition fees, radio communication reim, data
processing, risk management loss & exp, records management, routing and delivery, operating transfers)

Intergovernmental Services ................................................................... ................ 18,220
Capital ..................................................................................................... 4,069

OPERATING EXPENDITURES .......................................................... ....... $19,356,940

FUNDING DISTRIBUTION:
COUNTY.............................................................................$15,282,213
GRANTS (FEDERAL and STATE)....................................$4,074,627


2000 REVENUE (INCLUDES GRANT REIMBURSEMENTS) ........... ..........$5,077,632




                                                                                     13
                        CIVIL DIVISION

    PIERCE COUNTY COUNCIL, EXECUTIVE AND ELECTED OFFICIALS,
               EXECUTIVE DEPARTMENT DIRECTORS,
    CORONER-MEDICAL EXAMINER, CIVIL DIVISION ADMINISTRATION
                       Chief Civil Deputy (1)

          LAND USE, ADVANCE PLANNING, CURRENT PLANNING
   HEARING EXAMINER, BUILDING DIVISION, FIRE PREVENTION BUREAU,
PARKS AND RECREATION DEPARTMENT, “RAILS TO TRAILS” CONDEMNATIONS
                         County Attorney (2)

       RISK MANAGEMENT, INSURANCE, TORT CLAIMS, LAWSUITS,
                LITIGATION, INDUSTRIAL INSURANCE
                         County Attorney (4)

             PUBLIC WORKS AND UTILITIES DEPARTMENT
               TRANSPORTATION SERVICES DIVISION
                        County Attorney (1)

                ENVIRONMENTAL SERVICES DIVISION
                    ADMINISTRATIVE SERVICES
          SOLID WASTE DIVISION AND ALL RELATED MATTERS
                         County Attorney (1)

     STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY
                      RIVER IMPROVEMENT
                        County Attorney (1)

       BUDGET AND FINANCE, ASSESSOR/TREASURER, INDIAN LAW,
          PROCUREMENT & PURCHASING, SPECIAL PROJECTS
                        County Attorney (1)

              PROPERTY TAX APPEALS AND LITIGATION
                        County Attorney (1)

         PERSONNEL, EMPLOYMENT LAW AND UNION MATTERS,
            DISCRIMINATION COMPLAINTS AND LITIGATION
                         County Attorney (2)

    CIVIL SERVICE COMMISSION, DEFERRED COMPENSATION, AUDITOR,
            BUSINESS LICENSES, BANKRUPTCY, COLLECTIONS,
           BOUNDARY REVIEW BOARD AND ASSET FORFEITURES
                          County Attorney (1)

   COMMUNITY AND HUMAN SERVICES DEPARTMENTS, SEWER UTILITY
                      County Attorney (1)

               PIERCE COUNTY SHERIFF’S DEPARTMENT
                         County Attorney (1)

                   INVOLUNTARY COMMITMENT
                        County Attorney (1)

                   SPECIAL PROJECTS, AUDITOR
               CLERK, ELECTIONS, ETHICS COMMISSION
                         County Attorney (1)

                     CIVIL CODE ENFORCEMENT
                          County Attorney (1)

                        County Attorneys (20)
                            Paralegal (1)
                         Legal Assistants (7)
                         Office Assistant (1)
                         Staffing Level (29)




                                 14
                                                   CIVIL DIVISION


The Civil Division provides legal counsel to all Pierce County Elected Officials, including the County Council, County
Executive, the Superior and District Courts, Executive Department Heads, and numerous County Agencies and
Departments. Serving in its role as an in-house law firm for the County, the Civil Division works closely with its clients
in solving a wide range of legal problems by issuing formal written opinions and memoranda, providing day to day legal
advice, and handling civil litigation to which Pierce County is a party, whether as plaintiff or defendant.

In addition to providing legal counsel to the County Executive, County Council, and other County Departments, the Civil
Division also handles litigation on behalf of its clients, since not all problems are amenable to resolution short of
litigation. The range in types of legal services include such diverse areas as tort liability, public disclosure, labor,
personnel and employment law, contracts and purchasing, human services, surface water management, utilities, taxation
and bankruptcy, laws against discrimination, condemnation, public works construction, parks and recreation, Indian law,
law enforcement matters, code enforcement, civil commitment, election law, business licensing, solid waste management,
and the entire field of land use, growth management, and environmental law.

In regard to litigation, the majority of cases handled by the Civil Division take place at the Pierce County Superior Court
level, but the division is likewise active in other courts, both federal and state, as well as before various state, local and
administrative bodies.

In 2002, the Civil Division continued its emphasis of early stage legal consultation with our clients as a preventative
strategy to heading off potential litigation. That strategy, combined with a determined and aggressive defense of lawsuits
filed against Pierce County proved to be a successful deterrent in the County's favor.

Highlights, litigation wise, included a major victory for Pierce County in a decision handed down by the United States
Supreme Court. Argued by Civil Division attorneys, the United States Supreme Court issued a unanimous ruling in favor
of Pierce County in an important case involving significant legal issues concerning road design issues applicable to
Pierce County. (Pierce County v. Guillen, 2003 WL 104796) The Civil Division won several other important cases
before the Ninth Circuit Court of Appeals and numerous cases and dispositive motions in Superior Court. Additionally
noteworthy, the Civil Division won a significant land use case before our State Supreme Court concerning the County's
right to revoke permits when developers violate conditions of approval.

The Civil Division also successfully represented Pierce County in a broad range of complex municipal law matters and
received high praise for its legal efforts in the County-wide campaign against illegal dumps and junkyards. This overall
effort resulted in significant benefits to the citizens of Pierce County and the environment.


LABOR, PERSONNEL AND EMPLOYMENT LAW

Each agency of County government is affected by employment issues, frequently on a daily basis. Most agencies also
have labor issues that may impact their day to operations. The Prosecuting Attorney’s Office, through the Civil Division,
represents the Department of Personnel and all County agencies in the areas of personnel, labor and employment law.
This includes daily agency advice, representation before local, state, and federal administrative agencies, arbitration
hearings, and all phases of complex litigation in both state and federal court.

The nationwide explosion in employment-related lawsuits is evident in Pierce County as well. In 2002, the County
successfully resolved several lawsuits involving allegations of discrimination, retaliation, and wrongful termination. The
office is also working diligently to resolve more than 100 claims relating to a potential class-action overtime lawsuit. In
addition to providing ongoing personnel advice, the office was responsible for prevailing in several administrative
hearings before the Pierce County Civil Service Commission, the Pierce County Personnel Board, the Office of
Administrative Hearings, and various labor arbitrators.

Other major undertakings requiring legal counsel from the Civil Division included final transitioning into the new
statewide PERS 3 retirement system, collective bargaining agreement negotiations, and Administrative Guideline
revisions including new policies on Equal Employment Opportunity and Prevention of Violence in the Workplace. To
accomplish their numerous responsibilities, deputy prosecutors regularly review legal journals and attend educational
seminars allowing them to stay abreast of this difficult and constantly changing area of the law.

                                                             15
LAND USE, GROWTH MANAGEMENT AND ENVIRONMENTAL LAW

Throughout 2002, the Civil Division continued to provide legal services to the Planning and Land Services Department,
the Pierce County Hearing Examiner, and the Fire Prevention Bureau. Such services include general legal advice,
representation of the Planning Department before the Examiner, administrative agencies such as the Growth Management
Hearings Board and the Shorelines Hearings Board, and Washington State courts.

The Prosecuting Attorney’s Office, Civil Division, continues to work with the Planning Department in the preparation
and adoption of land use legislation. In conjunction with such representation the Civil Division appears before the
Planning Commission and County Council.

Several major land use cases were handled by the Civil Division on behalf of the Planning Department in 2002, including
the challenge to the plat of Fox Ridge, and Kapowsin Air Sports. Other land use cases included, Kenyon v. Pierce
County, involving land use at the Crystal Mountain destination ski lodge area, and MBA v. Pierce County, involving the
Parkland Spanaway Midland Community Plan and its implementation.

The Civil Division, along with staff from several other county departments and state agencies, put forth a tremendous
effort this year in tackling the “Dirty Dozen” junk yards which had become a major blight on the environment. Many
sites were cleaned up and others are on the way to being cleaned up.

FACILITIES MANAGEMENT

The Civil Division provides transaction planning and negotiation advice and document preparation services to the
Facilities Management Division with regard to the purchase and sale of real property by Pierce County. In 2002, the
assigned civil deputy negotiated and drafted several purchase and sale agreements relating to the disposition of Pierce
County's real property holdings on Pacific Avenue in downtown Tacoma, one of which closed in December. In late
2002, two other transactions involving Pacific Avenue properties were negotiated and signed between Pierce County and
a Seattle developer and are expected to close in mid-2003.

PROPERTY TAX LITIGATION

The Civil Division provides general legal advice to the Pierce County Assessor/Treasurer and his staff and represents the
county in all litigation relating to the valuation, assessment and collection of real and personal property taxes pending
before the Pierce County Board of Equalization, the Washington Board of Tax Appeals, and the superior and appellate
courts of Washington. In 2002, the level of legal services provided by the Civil Division was consistent with prior years
and the civil deputy assigned to this task devoted considerable time and attention to advising and representing the
Assessor/Treasurer. Meanwhile, with the ongoing advice and assistance of the assigned civil deputy, outside counsel
continued to represent Pierce County in a complex commercial tax appeal involving the 1996-2001 valuation and
assessment of The Boeing Company's manufacturing facility in Frederickson that remained beyond the capacity of the
Civil Division's staff. Near the end of 2002, the Civil Division assisted in bringing Pierce County and Boeing Company
officials together for the first time in seven years of litigation to discuss settlement. That effort resulted in continuance of
the upcoming trial date and execution by both parties of a written memorandum pursuant to which all past legal claims
would be resolved and which created an appraisal formula for valuing Boeing's assets for many years into the future.

BAIL BONDS

The Civil Division has the responsibility of reviewing the justification petitions of bail bond companies which desire to
do business in Pierce County and of preparing criminal cases for the forfeiture of bail bonds when the defendant fails to
appear for a scheduled court hearing. The justification process requires the review of business, license and insurance
records of the bail bond companies. An annual review is conducted of the justification of each bail bond company
already conducting business in the county. During the year the prosecutors office monitors the status of disciplinary
actions taken by the Department of Licensing to verify that the various companies are still permitted to engage in the bail
bond business. The second main function of the Civil Division as it relates to bail bonds is the collection of forfeitures.
During 2002, approximately 640 files were referred to the civil division for the forfeiture of bail bonds. Of those referred
82 files were set for hearing, with 53 going to hearing. The forfeitures ordered in 2002 amounted to $656,975. For each
bail bond forfeited, $500 is forwarded to the Washington State Crime Victim program according to statute and the
Prosecutor’s Office is awarded $250 for attorney fees. In addition to the bail bond forfeitures, the civil division handles
the forfeitures of cash bail. RCW 10.19 directs the Prosecutor to assist District Court in the collection of bail bond

                                                              16
forfeiture orders. The Civil Division worked with the Criminal Division to update some of the standard pleading
documents in order to streamline the forfeiture process.

BUDGET AND FINANCE – BANKRUPTCY

The Civil Division is continuing to take an active role in representing Budget and Finance and the State of Washington in
monitoring bankruptcy filing, serving notice of claims and, when appropriate, the filing of objections to the claims made
by other entities. Budget and Finance is diligent and persistent and the Civil Division continues to work on effective and
streamlined methods of obtaining money owed the public to ensure that government can continue to provide services to
its citizens.

In addition, the Civil Division, working in conjunction with the payroll department of Budget & Finance, processed over
148 garnishments, including orders to withhold and deliver, and IRS levies on funds held by the County for others.

CODE ENFORCEMENT

Code Enforcement by the Civil Division continued to remain an important priority in 2002. Litigation continued at an
even higher level than in previous years. During 2002, 195 matters were referred for prosecution to the Civil Division
from the departments and agencies with enforcement authority. Warning letters urging compliance were sent out on
nearly all of these cases. Of these 195, 79 were charged and filed in court. 138 cases were closed or had some other
action taken by the Civil Division. Also, a number of cases charged in prior years remained open and active. The Civil
Division handled trials, a number of motions, sentencings, reviews, and other court hearings on open cases.

Additionally, the Civil Division assisted in Administrative Hearings, made regular trips to the agencies for discussion
with Enforcement Officers regarding pending cases, trial and hearing preparation, and coordinated meetings with staff
and litigants’ attorneys, as well as attending these meetings. Other duties included research, memoranda and brief
writing, correspondence, legal advice and other assistance as requested. The Civil Division also made site visits with the
officers, inspectors and police officers, and prepared, reviewed, and presented search warrants to judges. Much time is
devoted to answering inquiries from disgruntled violators or their neighbors, and other persons requesting information on
the status of pending cases.

The agencies referring cases to the Civil Division during 2002 include: Pierce County Planning & Land Services
Department, Divisions of Code Enforcement, Building, Resource Management, Development Engineering, and Current
Planning, Tacoma Pierce-County Health Department; P.C. Sheriff’s Department, Dept. of Licensing, Dept. of Labor &
Industries, Dept. of Fish & Wildlife, Washington State Patrol, and the State Attorney General office.

The Civil Division attorneys work closely with all enforcement agencies and aggressively seek compliance through a
coordinated team effort.

CIVIL COMMITMENT

In 2002, the Mental Health Unit of the Civil Division handled 1623 of the cases filed in Pierce County Superior Court
requesting involuntary treatment for mental illness or substance abuse. In the mental health cases the professionals
petition the court for involuntary treatment for persons who have been rendered gravely disabled, and/or are a danger to
self, or others, or property due to their mental illness. The court can order treatment for progressively longer periods of
14 days, 90 days or 180 days of involuntary treatment on an inpatient or an outpatient basis. No order can be longer than
180 days. Court hearings are held at Puget Sound Behavioral Health, American Lake Veterans Hospital, and at Western
State Hospital. Any jury trials are held in the County-City Building. Civil Division attorneys do the 14 day hearings at
Western State Hospital. The 14-day, 90 day, and 180 community hearings, and revocations from Puget Sound
Behavioral Health, and 90 day, 180-day hearings and revocations are from the Veteran's hospital. In substance abuse
cases the petitioners’ request up to 60 days of involuntary treatment at Pioneer North, the state inpatient facility at Sedro-
Wooley.



AUDITOR-BUSINESS LICENSES/RECORDS DIVISION

In 2002, Civil Division attorneys continued to provide legal assistance to the Auditor in performing its duty to license
local businesses and individuals. In conjunction with the Pierce County Sheriff's Department, applicants are screened

                                                             17
and background checks are performed to insure the safety of the public. The Civil Division successfully represented the
Auditor in matters before the Pierce County Council, Superior Courts and the Hearing Examiner concerning the denial,
revocation or suspension of business licenses. Currently, the Civil Division is assisting the Auditor and representatives
from the office of Budget and Finance in reviewing the appropriateness of license fees and the type of businesses and
individuals required to obtain a license.

Civil Division attorneys are also assisting the Records Division in creating a fee-based web access system so the public
may access public records at minimal cost.

BOUNDARY REVIEW BOARD

The Pierce County Boundary Review Board reviews incorporations, annexations, assumptions, mergers, creation and
dissolution of cities, towns and special purpose districts.

The Civil Division represents the Boundary Review Board at the regular monthly meetings, public hearings, superior and
the appellate courts, and assists in the drafting of written decisions and resolutions setting forth the basis for the
Boundary Review Board's rulings.

In 2002, the Civil Division guided the Boundary Review Board in the decision-making process of an incorporation
attempt by citizens of the Frederickson area, several municipal annexations, including creation and mergers of special
districts and other proposals. Last year the Washington State Supreme Court struck down as unconstitutional the petition
method of annexation, leaving a large legal quagmire for the Civil Division to analyze. The Court has agreed to
reconsider its decision in 2003.

Opinions from the Civil Division were frequently required to assist in insuring consistent and appropriate application of
the Growth Management Act in Pierce County. The Civil Division continues to focus its attention on assisting the
Boundary Review Board at the hearing and evidentiary stage, and providing detailed information and legal analysis to
assist in the initial public decision-making process.

CIVIL SERVICE COMMISSION

The Civil Division provides legal counsel to the Pierce County Civil Service Commission for Sheriff's employees. The
Commission oversees the hiring, promotion, discipline and termination of all employees of the Pierce County Sheriff's
Department. During 2002, the Civil Division worked closely with the Chief Examiner and Commission at disciplinary
hearings and appeals and on all issues and maters of law, including those concerning the Americans with Disabilities Act,
interpretation of civil service rules governing voluntary termination and rehire, and the creation of new positions within
the Sheriff's Department. Attorneys for the Civil Division represented both the Commission and the Sheriff in cases
contested in Superior Court.

DEFERRED COMPENSATION COMMITTEE

The Civil Division provides legal counsel to the committee, which is responsible for providing deferred compensation
investment opportunities for qualified employees. Civil Division deputies act as Hearing Examiners for request of
hardship withdrawals. Request for withdrawals are governed by the Internal Revenue Service Code and are strictly
regulated.

In 2001 and 2002, the Civil Division took on the task of amending the deferred compensation ordinance and contracts
with the County's two providers. In passing the President's Income Tax Relief Act, Congress implemented sweeping
amendments to 457 Tax Deferred Compensation Plans. The Civil Division spearheaded the effort to bring the County
regulations into compliance with federal law.

REAL PROPERTY TAX FORECLOSURE

During 2002 the Civil Division advised and represented taxing authorities in the collection and foreclosure of real and
personal property tax liens for all governments in Pierce County, including collection of tax due upon parcels acquired by
various governments in condemnation.

DISTRICT COURT AND JUVENILE COURT - COLLECTION OF JUDGMENTS


                                                           18
During 2002, the Civil Division aided District Court, the Juvenile Court and other Pierce County Departments with
changes to enable greater collection of amounts due the County as a result of criminal offenses, services rendered to
juvenile offenders, or other obligations. Improved procedures and improved contracts with collection agencies were put
in place. District Court consolidation required handling a number of lawsuits and significant advice on actions
appropriate on consolidation.

PUBLIC RECORDS REQUESTS

During 2002, the Civil Division advised clients or assisted with client responses to over 240 requests for public records.
Many requests required dozens of hours to distinguish records to be made available by law, from those prohibited from
disclosure or exempt from disclosure by law.

PUBLIC WORKS/TRANSPORTATION

The Transportation Division is responsible for the construction, operation and maintenance of over 3000 miles of roads
and road right of way, an airport and a ferry service. The Civil Deputies advising and representing this Division face a
broad scope of practice that includes property, contracts, environmental and day-to-day municipal law.

2002 was highlighted by the hearing of a Public Disclosure Act case by the United States Supreme Court. and the return
of a unanimous decision in favor of the County. The case involved traffic accident reports collected and compiled by the
County and the decision upheld important principles that affect public safety.

Also in 2002, the County's only road service district was able to turn its roads over for maintenance. Work continued on
the County's first MTCA cost recovery site. The Civil Division made preparations to present the first Traffic Impact Fee
ordinance to the Council. The ferry operations contract changed hands and the ferry Christine went into dry-dock
without incident while the small, but picturesque, Steilacoom filled in with extra runs. The airport, Thun Field, required
some attention to landlord/tenant issues. Work continued on the environmental documents for the proposed Cross Base
Highway.

In addition, Civil Division attorneys experienced the usual activity associated with public records requests, road design,
consulting agreements, equipment contracts, survey, franchise agreements, right of way vacations, eminent domain,
permits, maintenance, commute trip reduction and interlocal agreements for services to suburban cities.

PUBLIC WORKS AND UTILITIES – WATER PROGRAMS DIVISION

The Water Programs Division provides services including, flood control management, surface water management,
water quality and supply, and river improvement programs. The Civil Division works with the Water Program staff,
the Washington Department of Ecology, and the Environmental Protection Agency (EPA) to aid in the
implementation of these programs.

The Civil Division of the Prosecutors Office provides a broad range of services to the Water Programs Division that
include: reviewing contracts, responding to questions regarding potential liability issues, examining deeds and title
reports for property transfers, approving various types of right-of-way and easement agreements, and responding to
public disclosure requests. Additionally, other legal work involved reviewing and commenting on the ordinance to form
the East Gig Harbor Water District, drafting easements for the McMillan Industrial Park, continuing work on an
easement for the South Hill Pump Station, and revising plat notes for the Flood Hazard Areas ordinance.

Legal services were also provided by the Civil Division for two primary cases in litigation. In Charles Wright Academy
v. Pierce County, et.al. the County was represented by outside counsel and indemnified by the City of University Place.
The Civil Division provided assistance in retrieving discovery information and approving the final settlement agreement.
 Steilacoom Lake Improvement Club v. Pierce County, et. al. was handled in house by the Civil Division tort section.
Due to the size of this case, additional Civil Division attorneys aided in the hiring of consultants, answering discovery
requests and conducting depositions. This case is currently in mediation.

The restoration of salmon habitat continues to be a high priority for the County and the Water Programs Division. The
Civil Division was requested to develop project specific easements for the Frank Albert Road, the 96th Street Oxbow and
the Sportsmans Club restoration projects. Additionally, legal assistance was required to examine liability and risk issues
for both these projects.


                                                            19
PUBLIC WORKS & UTILITIES DEPARTMENT - ENVIRONMENTAL SERVICES DIVISION -
WASTEWATER UTILITY

The Wastewater Utility provides solid waste sewage service throughout a large portion of Pierce County. The
Wastewater Utility is constantly in the process of maintaining and upgrading this complex system, or constructing new
facilities. The Wastewater Utility also is responsible for the operations of the Chambers Creek Properties, which are
being developed into a state-of-the-art park that may some day include a public golf course. The Civil Division of the
Prosecutor's Office played an integral role in assisting the Utility. Deputy Prosecutors serve as in-house general counsel
to the Division. In 2002, the Civil Division reviewed contracts, draft ordinances and resolutions, prepared legal opinions
and memoranda, assisted in the preparation and review of documents such as the Pierce County Unified Sewer Plan, and
frequently represented the Utility in disputes and litigation.

The Civil Division also filed three foreclosure lawsuits during 2002 to collect unpaid sewer service charges. These
lawsuits are against various parcels of land for which sewer service charges have been unpaid for several months. In
order to give all persons, known and unknown, notice of the pending foreclosure title reports are obtained and
advertisements are placed in two newspapers of general circulation. A similar foreclosure lawsuit is brought each
year to collect unpaid and overdue sewer ULID assessments.

COMMUNITY SERVICES DEPARTMENT AND HUMAN SERVICES DEPARTMENT

The Community Services Department and the Human Services Department provide assistance to a large number of
individuals and families within Pierce County. Services provided by these two distinct departments cover a broad
spectrum, ranging from economic and community development and support of the cultural arts, to housing, aging,
developmental disabilities, chemical dependency and mental health. The latter includes Puget Sound Behavioral Health,
a licensed mental health facility operated by the Pierce County Regional Support Network. The Civil Division of the
Prosecutor's Office serves as the general counsel to these two departments. Deputy prosecuting attorneys represent both
departments in all legal disputes, ranging from mediation and administrative fair hearings to superior and appellate court
litigation. Civil Division attorneys act as in-house counsel to the departments, providing legal support such as reviewing
hundreds of contracts that the departments enter into with a broad array of local, state and federal agencies, numerous
non-profit entities and for-profit corporations. They also advise the departments by providing legal memorandum and
formal opinions interpreting local, state and federal ordinances, laws and regulations, by answering legal questions posed
by the Departments and by drafting ordinances and resolutions for adoption by the County Council.

CLERK'S OFFICE

The Civil Division represents the Superior Court Clerk's office and the Washington Association of Superior Court Clerks
in matters concerning the computerization and release of computerized records. Combining efforts to ensure that the
Court has ready access to records needed to facilitate its dockets, while at the same time securing the privacy of victims
and witnesses, is a priority for the Clerk and for this office. In addition, the Civil Division assisted the Clerk's Office in
enforcing out-of-state custody orders in Pierce County Superior Court.

PARKS AND RECREATION

In 2002, the Civil Division provided legal services to the Parks and Recreation Services Department, including general
legal advice, attorney's opinions, and legal drafting and review of ordinances, contracts, real estate instruments and other
transactional work. The Parks and Recreation Services Department has been involved in major capital improvements in
unincorporated parts of Pierce County, including the Rogers-Zeiger school site partnership with the Puyallup School
District in the South Hill Community Plan Area, and improvements to sport facilities of the Peninsula School District,
serving the unincorporated areas of the Gig Harbor Peninsula within the Gig Harbor Community Plan Area.



PIERCE COUNTY SHERIFF'S DEPARTMENT

The Civil Division provides legal representation to the Pierce County Sheriff's Department. The Sheriff's Department is
one of the largest departments in Pierce County Government and generates a wide array of legal requests in complex
matters.
Representation of the Sheriff also includes representation of the Pierce County Jail.


                                                             20
Duties include representation of the Department in administrative proceedings, extensive public disclosure requests,
training, asset seizure, the Sheriff’s civil function, and the entirety of the issues surrounding police and corrections work.

During 2002, the Civil Division legal advisor represented the Sheriff in numerous asset seizure cases, performed turnout
training for law enforcement, represented the Sheriff in various boards and committees, filed and completed various
nuisance abatement cases and was involved in the appeal of various Labor and Industries citations. In addition, the Civil
Division acted to assist Pierce County Superior Court in the resolution of numerous issues.

While not in court, the assigned Civil Deputy kept informed of changes in the law and taught, at the WSCJTC, both basic
and advanced Civil courses for Sheriff’s personnel throughout the State of Washington.

RISK MANAGEMENT

Defending civil lawsuits involving claims for damages is the principal task of the Risk Management Section of the Civil
Division. The Section consists of four experienced trial attorneys, a trained paralegal, two legal secretaries and two law
student researchers. Public and private corporations use the phrase "risk management" as shorthand for their efforts to
control the financial exposure presented by litigation. The Section functions as a small law firm, defending lawsuits that
are filed against the County and its employees. The attorneys handle all of the pre-trial work on such cases, including
depositions and other discovery, pretrial motions, and settlement proceedings. When cases do not settle (and some
should not), the attorneys go to trial. All four of the Risk Management Section attorneys are experienced trial lawyers.
Their work includes any appeals that may follow the trials. The attorneys also provide advice to the various departments
of county government about prospective liability concerns, and they advise the Risk Management and Insurance
Department concerning any legal issues which arise as claims for damages are processed.

Reducing exposure to money judgments is the most obvious role for the Risk Management Section, but perhaps equally
important is the assistance the Section can give county employees in performing their jobs in a lawful fashion, and the
support which is provided employees who are sued and alleged to have engaged in wrongful conduct. Because municipal
governments have contact with the public in so many ways today, the Risk Management Section has an opportunity to
serve virtually every aspect of Pierce County government.

Recent damages actions against Pierce County have included such matters as accidents involving county drivers, injuries
occurring in county parks, alleged police misconduct, and claims that the Public Works Department is responsible for
surface water flooding of private property. Sometimes, too, Pierce County finds it necessary to file a civil suit. Pierce
County thus becomes a litigant before the courts, federal and state, trial and appellate, on a regular basis. Of all the
attorneys in the Civil Division, the four deputy prosecutors in the Risk Management Section appear the most frequently
in court.

The year 2002 was a busy one for us. In January one of our attorneys convinced the United States Supreme Court to
review a State Supreme Court decision invalidating a federal statute which encourages road improvements by limiting
disclosure of accident reports, and in November he successfully argued that case before the nation's highest court in
Washington D.C. Another attorney won a unanimous verdict from a federal jury in a case involving a suicide in the
Pierce County jail. A third attorney persuaded the federal Court of Appeals not to reopen a case involving the removal of
two citizens from the Auditor’s warehouse during ballot processing in 1996. In addition, we successfully defended on
appeal three separate cases involving the state public records statute, obtaining published decisions providing needed
protection for autopsy records and for prosecutors’ litigation files. We also succeeded in having various suits dismissed
before trial, including a federal case brought against a county judge and police officers that arrested an unruly person for
contempt of court.




                                                             21
                  CIVIL DIVISION - YEAR AT A GLANCE

                        Activity                      Year: 2002
Bail Bond Referrals for Forfeiture                                   640
Claim Files Opened                                                   393
Code Enforcements Processed                                          195
Contracts Reviewed                                                 1,187
Garnishments Processed                                               148
Litigation files Opened                                              132
Mental health Cases                                                1,623
Ordinances – drafted and/or reviewed                                 135
Public Records Requests                                              240
Resolutions – drafted and/or reviewed                                142




                                        22
                                           CRIMINAL DIVISION

                                       CHIEF CRIMINAL DEPUTY (1)
                                          Felony Division Chief (1)

                               Deputy Prosecuting Attorney (floating deputy) (1)
                                        Justice Program Manager (1)
                                           Sr. Victim Advocate (1)
                                     Justice Program Legal Assistant (1)

                                     MURDER AND MANSLAUGHTER*
*This trial team is comprised of Chief Criminal and Assistant Chief Criminal Deputies along with senior attorneys
                                            assigned to Felony Teams
                                                Legal Assistant (2)

                    ARSON, WHITE COLLAR CRIME, SPECIAL INQUIRY, FORGERY
                         WELFARE FRAUD, UIBC, MALICIOUS MISCHIEF
                                      County Attorney (4)
                                      Legal Assistant (2)
                                     VWAS Specialist (1)

                        ROBBERY, ASSAULT, KIDNAPING, ESCAPED FUGITIVES
                                       County Attorney (9)
                                       Legal Assistant (3)
                                      VWAS Specialist (1)

               BURGLARY, THEFT, POSSESSION OF STOLEN PROPERTY, AUTO THEFT
                                    VEHICLE ASSAULT
                                     County Attorney (5)
                                     Legal Assistant (3)
                                    VWAS Specialist (1)

                                          SPECIAL ASSAULT UNIT
                                             County Attorney (9)
                                              Legal Assistant (3)
                                             Child Interviewer (2)
                                             VWAS Specialist (4)

                                DRUGS, PROSTITUTION AND GAMBLING
                                         County Attorney (11)
                                          Legal Assistant (4)

                                     Tahoma Narcotics Enforcement Team
                                            County Attorney (1)
                                            Office Assistant (1)

                                       CRIMINAL DIVISION COURTS
                                            County Attorney (3)

                             FELONY RECORDS & PROBATION VIOLATIONS
                                         Legal Assistant (6)
                                          Receptionist (1)




                                                       23
                               CRIMINAL DIVISION

                       ANTI-MONEY LAUNDERING GRANT
                              County Attorney (1)
                              Program Manager (1)
                              Office Assistant (.5)

                             GUN VIOLENCE GRANT
                               County Attorney (4)

                          COMMUNITY PROSECUTION
                             County Attorney (1)
                             Office Assistant (.65)

                        INVESTIGATIVE SERVICES UNIT
                          Chief Criminal Investigator (1)
                                 Investigator (2)
                                Process Server (2)
                                Legal Assistant (1)

                                    APPEALS
                                County Attorney (4)
                                Legal Assistant (2)

                               JUVENILE DIVISION
                                County Attorney (10)
                                 Legal Assistant (5)
                               VWAS Specialist (3.5)

                           MISDEMEANOR DIVISION
                                County Attorney (19)
                                 Legal Assistant (9)
                       Domestic Violence VWAS Specialists (4)

                                EL CID PROGRAM
                               Diversion Counselor (2)


  STAFFING LEVEL -        ATTORNEYS               SUPPORT STAFF   TOTAL
 CRIMINAL DIVISION

  FELONY DIVISION               51                       45.15    96.15

    APPEALS UNIT                 4                        2         6

  JUVENILE DIVISION             10                        8.5      18.5


MISDEMEANOR DIVISION            19                        13       32

  EL CID PROGRAM                                          2         2

       TOTAL
                                84                       70.65    154.65



                                         24
                                                 FELONY DIVISION


Among prosecutors in Washington, the Felony Division handled an extraordinary number of cases, including many
complex, most serious cases. Despite carrying the heaviest caseloads in the State, per deputy, for any large county,
our fully committed lawyers and staff continue to have much success and high morale.


Some of the examples of justice achieved by Felony Division deputies and support staff in 2002 include:

•   State v. Chea and Phet: The saga of the multiple murders at Tacoma’s “Trang Dai” café finally came to trial in
    2002. Over the course of several years, this case had many trial delays, repeated substitution of judges and
    defense attorneys, and the murder of a witness. A successful trial for the witness’ murder was prosecuted in the
    interim, before the “Trang Dai” case finally was heard. The “Trang Dai” trial spanned several months, and
    involved a large number of exhibits, and detailed testimony about an extremely complicated crime scene.
    Defendants Chea and Phet were involved to a lesser extent than other actors and they claimed alibi.
    Nevertheless, the jury swiftly returned verdicts of guilty as charged of aggravated murder.

•   State v. Campbell Alefaio, et al: Several years ago Alefaio escaped conviction for a “road rage” murder after he
    fired a handgun from one car into another car, killing a teenage girl. Alefaio and others conspired to lie during
    testimony by blaming the shooting on another passenger, who was seated near Alefaio. The perjury was
    successful, and the jury, having a “reasonable doubt”, acquitted Alefaio. Outstanding detective work, followed
    by careful review of the details by Felony Division lawyers resulted in the decision to prosecute a rare perjury
    case against Alefaio and his fellow conspirators. In 2002, and into 2003, a months-long trial resulted in guilty
    verdicts on nearly all of the several dozen counts. This was a case that many in the justice system did not
    believe could be won.

•   State v. Robert Yates, Jr.: “Spokane’s serial killer” bargained for his life in Spokane County, pleading guilty to
    multiple counts of first degree murder, and in exchange the death penalty was not sought. Believing that capital
    punishment is the will of the citizens for criminals such as Yates, Felony Division lawyers went forward to trial.
     Supported by a team of professionals, staff members tried Yates over several months, presenting over 100
    witnesses and over 700 exhibits in achieving convictions for two counts of aggravated murder and a death
    verdict.

•    State v. Brian Eggleston: Because of trial court errors, our attorneys were faced with trying Eggleston a third
     time for killing Deputy Sheriff Bananola. Eggleston enjoyed experienced defense attorneys and a media
     campaign orchestrated by his supporters. We again proved that Eggleston murdered Deputy Bananola, during
     the Deputy’s participation in executing a search warrant of Eggleston’s home.

The division’s successes are also reflected in the high number of cases going to trial. In 2002, we tried 193 felony
cases. This is around 20% higher than the average for the past decade. One attorney handled 16 trials, and another,
15 trials, including a murder case. Trying so many felony cases shows an unparalleled commitment to duty.
In order to keep current, division attorneys were offered multiple continuing education courses. Most courses were
presented “in-house” by senior division staff or by experts brought in to teach. Topics included, for example,
calculating offender scores under the Sentencing Reform Act, and ethical issues for prosecutors arising in daily law
practice. Some of our senior attorneys were invited to teach courses at the National Advocacy Center, a unique
federal Department of Justice facility in South Carolina solely dedicated to improving the skills of prosecutors from
around the nation.

The Appeals unit, within the Felony Division, continued to provide superb appellate advocacy for the county.
Despite the burdens of growing numbers of direct appeals and “sky-rocketing” numbers of personal restraint
petitions, there has been no drop-off in the quality of work. In addition to brief writing, this unit is always available
to rapidly provide advice to criminal division attorneys preparing for, and handling trials. For example, when the
State Supreme Court set aside decades of jurisprudence in deciding that “felony murder” by assault would no longer
be the law in Washington (St. v. Andress), our Appeals unit was quickly able to give advice to deputies handling
past and current murder cases affected by the ruling. Moreover, the Appeals unit communicated with other


                                                            25
 prosecutors’ offices, and with State officials in trying to assist with the language of the legislative “fix” enacted in
 early 2003.

 FELONY CASES PER CAPITA
 The number of felony cases per 100,000 in population declined by 8.8%.


YEAR                                             POPULATION           FELONY CASES CHARGED              FELONY CASES PER
                                                                                                        100,000 POPULATION

1988                                                      547,706                             3,433                          630

1989                                                      560,894                             3,686                          660

1990                                                      586,203                             4,363                          740

1991                                                      603,800                             4,021                          660

1992                                                      624,000                             4,898                          780

1993                                                      640,700                             4,743                          740

1994                                                      648,900                             5,102                          786

1995                                                      660,200                             5,535                          839

1996                                                      665,000                             4,903                          737

1997                                                      674,300                             5,200                          771

1998                                                      686,800                             5,520                          805
1999                                                      700,000                             5,855                          836

2000                                                      700,820                             6,158                          879

2001                                                      713,400                             6,575                          922


2002                                                      713,400                             6,003                          841


Source population figures: OFM, US Census, Puget Sound Regional Council, WA St Dept of Financial Management




                                                             26
                                                Felony Appeals Unit

The Appellate Unit prosecutes all state court appeals from Superior Court and District Court convictions. In
addition, the Appellate Unit prosecutes all collateral attacks on such convictions and also provides advice to trial
attorneys throughout the office. The Appellate Unit also provides on-going education regarding changes in the law
to all attorneys in the office and responsibly manages the forms so that they reflect current law.
           .
In 2002 the Appellate Unit opened 570 new appeals. Every felony attorney is required to write an appellate brief
and present oral argument thereon every eighteen months. This practice has vastly improved the trial records made
by these attorneys. Likewise, appellate unit attorneys regularly prosecute trials in Superior Court.


                                             2002 Appellate Statistics
                                      Direct Appeals                                      243
                                        Juvenile                                           13
                        RALJ (From Court of lower jurisdiction)                            61
                              Personal Restraint Petitions                                126
                      Personal Restraint Petitions (Superior Court)                        15
                           Discovery Rev (Court of Appeals)                                14
                          Discovery Hearing (Superior Court)                               98




                                                          27
                                               MISDEMEANOR DIVISION

                                            CHIEF DISTRICT COURT DEPUTY (1)
                                                Support Services Manager (1)

                                            DOMESTIC VIOLENCE UNIT
                                 Domestic Violence Senior County Attorney/Supervisor (1)
                                                  County Attorneys (3)
                                                   Legal Assistant (1)
                                                 VWAS Specialists (4)

                       UNINCORPORATED PIERCE COUNTY/UNIVERSITY PLACE/EDGEWOOD
                                         (District Court Number One)
                                            County Attorneys (12)
                                             Legal Assistants (4)
                                                Receptionist (1)
                                                 File Clerk (1)

                                   GIG HARBOR/EATONVILLE/BUCKLEY COURTS
                                          (District Court Numbers 2, 3 and 4)
                                                  County Attorneys (2)
                                                   Legal Assistant (1)

                                                       Staffing 32

The Misdemeanor Division is responsible for prosecuting misdemeanor and gross misdemeanor cases in Pierce
County District Court. Until January 13, 2003, District Court was comprised of four distinct court systems. District
Court Numbers Two, Three and Four were the division’s outlying courts and were situated in the cities of Gig
Harbor, Eatonville and Buckley respectively. Pierce County District Court Number One is located in the County-
City Building in downtown Tacoma. Crimes committed in unincorporated areas of Pierce County and the
incorporated cities of Edgewood and University Place are filed in District Court Number One. As of January 13,
2003, the four courts have consolidated into one entity, Pierce County District Court.

                           PIERCE COUNTY DISTRICT COURTS NUMBER I – IV

The Misdemeanor Division filed 9,788 cases in 2002. Ninety-one percent (91%) of the cases filed in the
Misdemeanor Division in 2002 were filed in District Court Number One. All police reports and criminal citations
that are filed in the division are electronically scanned into Linx, the Prosecutor’s Office case management system.
Scanned images can immediately be accessed on line to a computer screen. The Misdemeanor Division tried 155
jury/bench trials during the 2002 calendar year. The criminal cases tried in district court were primarily domestic
violence and driving under the influence charges.

             2002                                      Criminal            Driving
     MISDEMEANOR                  Criminal               Non-             Under The        Domestic          Total
         CASES                     Traffic              Traffic           Influence        Violence

        Cases Filed                 4,929                1,869               1,902           1,088           9,788


       Percentage of
        Cases Filed                 50%                  19%                  20%            11%             100%




                                                           28
DISTRICT COURT NUMBER ONE
                                      COURT PROCEEDINGS & CHARGES FILED

                                       2000                         2001                          2002
    Court Proceedings                 31,403                       30,425                        34,008
      Charges Filed                   13,084                       12,310                        13,015

*Note: The Charges Filed number is higher than the Cases Filed number because many cases filed allege multiple
charges in the complaint.

                              DOMESTIC VIOLENCE UNIT – A TEAM APPROACH

The Misdemeanor Division Domestic Violence Unit continued to aggressively prosecute domestic violence cases
during 2002. Deputy prosecutors assigned to the DV Unit handle all domestic violence cases filed in District Court
Number One, from the charging stage through post-conviction hearings, in the designated domestic violence court.
The domestic violence unit is comprised of one (1) supervisor, three (3) deputy prosecutors, one (1) legal assistant,
and four (4) victim advocates. The domestic violence unit shares office space, and works closely, with seven (7)
Pierce County Sheriff detectives/deputies assigned to the domestic violence team. This arrangement allows for a
team approach in the fight against domestic violence. The staff of the domestic violence unit continues to be
recognized throughout the State for their expertise in the area of domestic violence. In 2002, members of the
domestic violence unit spoke, on a regular basis, at domestic violence training seminars, local schools and to
community groups; educating the public about domestic violence.


DOMESTIC VIOLENCE                 District         District           District          District
    Cases Filed                  Court No. 1      Court No. 2        Court No. 3       Court No. 4           Total


            2001                      947               68                  58                  31            1,104


            2002                      979               60                  29                  20            1,088


                        DRIVING UNDER THE INFLUENCE OF ALCOHOL/DRUG PROSECUTION

The aggressive prosecution of Driving Under the Influence of Alcohol/Drugs (DUI) cases continued as a priority in
the Misdemeanor Division in 2002. The number of DUI cases filed in 2002 increased sixteen percent (17%) over
the number of cases filed in 2001. This increase is likely due, at least in part, to regular emphasis patrols sponsored
by the Pierce County DUI Task Force, as well as the Washington State Patrol’s strong emphasis on DUI and
aggressive driving investigations.


      DRIVING UNDER THE              District         District         District        District           Total
       INFLUENCE (DUI)              Court No. 1      Court No. 2      Court No. 3     Court No. 4
           Cases Filed


                2000                   1,685             152                10             9              1,858


                2001                   1,506             97                 10             9              1,629


                2002                   1,811             75                 3              13             1,902




                                                             29
                                              JUVENILE DIVISION

                                               County Attorney (10)
                                                Legal Assistant (5)
                                               VWAS Specialist (3.5)
                                                 Staffing - (18.5)

The Juvenile Division is responsible for the review and resolution of criminal cases and truancy referrals involving
youth under the age of eighteen. The division is staffed with ten attorneys, five legal assistants, three and a half
victim advocates, and four legal interns.

This division is responsible for all types of crime committed by juvenile offenders. The attorneys and staff handle a
broad spectrum of cases, ranging from misdemeanors to class A felonies.

During the 2002 calendar year, the division reviewed 4,393 criminal cases. 3,008 cases resulted in criminal charges
being filed. 1,385 referrals were either sent to diversion, or deemed insufficient for filing criminal charges.

The Juvenile Division is also responsible for enforcement of the truancy laws. The Prosecuting Attorney’s Office
works closely with schools and parents to encourage youth to attend school. 1,931 truancy cases were filed during
the 2002 calendar year. The reduction in truancy numbers appears directly related to the Tacoma School District’s
decision to treat truancy as an unfunded mandate during the 2002-2003 school year. Tacoma’s number of petitions
filed has decreased, from 1,290 in calendar year 2001, to 836 in calendar year 2002.


                                                 CRIMINAL CASES                        TRUANCY
                      YEAR
                                         REFERRALS             CASES FILED           CASES FILED
                       1999                 5.068                 3.369                 1.716
                       2000                 4,670                 3,138                 1,824
                       2001                 4,581                 3,005                 2,433
                       2002                 4,393                 3,008                 1,931




                                                          30
                                      INVESTIGATIVE SERVICES UNIT

The Investigative Services Division was created by this office in early 1988, becoming the first such program in any
prosecutors office statewide. It has since become a model for other prosecutors, providing the public with
independent investigations of alleged official misconduct; officer involved shootings and complex fraud cases.
Assistance with unsolved homicides has been provided to area law enforcement agencies resulting in several
successful convictions. This division also conducts pre-employment background investigations and internal affairs
investigations, locates hard to find witnesses, serves subpoenas, court orders and performs numerous other support
functions necessary for trial preparation. With the addition of a computer expert investigator in May of 1996, the
office now has the ability to do evidence gathering involving computer crimes.


                                                   1996 - 2002
                                    Investigative Services Unit Activity Level

                                           Year      Subpoenas Processed
                                           1996            28,469
                                           1997            31,795
                                           1998            40,826
                                           1999            40,213
                                           2000            38,341
                                           2001            38,899
                                           2002               34,990




                                                         31
                              JUSTICE SERVICES PROGRAMS

Victim-Witness Assistance Service

Victim Witness Assistance Services in the Pierce County Prosecuting Attorney’s Office completes its 24th
year. The breadth and width of services provided victims/witnesses of crimes surpasses every county in
Washington State. This office has its specialized advocates who work in every segment of the criminal
division ranging from homicides to identity theft. Services can include working with parents who are
victims of their physically abusive child to providing the victim of an appellate case with on-going support.
 The sixteen advocates made these services possible and a legal assistant who directly provide assist
thousands of victims of charged and uncharged cases annually.

Services provided by victim advocates:

Victims Served in 2002                                      13,097

Victim Case Status/Case Preparation Correspondence         81,692
(not including Judgement and Sentence requests)


El CID

Diversion services serve this community well in the form of the ELCID program. The program is able to
successfully monitor first offenders and collect restitution for victims of property crimes in selected felony
and misdemeanor cases. The successful completion rate for clients in the program remains at 85 %. The
majority of the clients in the program are between the ages of 18-21 and upon completion of the program 67
% are gainfully employed.

New clients in 2002            148




                                                 32
                                           FAMILY SUPPORT DIVISION
                                                    County Attorneys–13
                                                   Legal Interviewers–10
                                                    Legal Assistants–11
                                                       Paralegals–2
                                                   Investigator/Servers–2


The Family Support Division of Pierce County Prosecuting Attorney’s Office is a state leader. The family law
practitioners worked tirelessly and effectively in coordinating a Contempt Round-up in June. The collections
provided an increase in child support payments for needy and deserving children. The event also generated
widespread and positive media coverage throughout the state. The office worked closely with local, state and federal
personnel to raise collections for the month to more than $160,000. For the year, collections exceeded $1,250,000.

The modification unit reviews and adjusts child support orders in dissolution and paternity cases.

The contempt unit uses civil contempt to coerce child support payments from non-custodial parents. The diversion
component encourages payments short of court intervention.

The paternity unit initiates cases to establish parentage and subsequent support obligations.

The private action unit primarily responds in private case in which there is a state’s interest.

The family support division protected these children’s interests despite seeing its caseload expand to over 6000
cases, an increase of more than 1200 cases from the proceeding year.

                TYPE OF PROCEEDING                                 1999          2000              2001     2002

 Modification                                                       822           818              825      903

 Private Action Response1                                           31            417              286      288

 Contempt                                                          1,395          959              805     2,224

 Paternity                                                         2,947         2,993             2,818   2,606




         1
             Figures adjusted to conform to SEMS data.


                                                            33

				
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