Missoula County opposes SB 26, Remove requirement for state to pay travel costs for prosecution witnesses, on the Senate floor this afternoon. When the state assumed district court functions and employees, part of that assumption included an agreement that the state would assume the costs for expert witnesses. County attorneys prosecute cases on behalf of the State of Montana, and in many of those cases the defendant is represented by the Public Defenders Office. The cost for expert witnesses for use by the public defenders office is done through state appropriation. To make the cost for the state’s prosecution a permissive expense places county prosecutors at an extreme disadvantage. This could result in instances where prosecutors may not be able to seek out justice for a victim due to the tenuous nature of the funding source. For instance, the Missoula County Attorney’s Office recently had to fly a child and a parent from England so the child could testify in a felony case where she was the victim of a crime committed at a relative’s house in Missoula. Prosecutors should never find themselves in a position in which they may not be able to seek justice due to prohibitive costs.
To clarify: Missoula County is concerned that the amended language uses the wording “the attorney general may reimburse counties” for costs, making reimbursement discretionary instead of mandatory. This does not provide certainty that these costs will be recouped.
I just got off the phone with Beth McLaughlin with the Office of the Court Administrator. She assured me that the appropriation to fund these payments is being transferred from her office to the AG’s office so there will actually be funding to reimburse the counties.
It is noteworthy that the bill as amended restores the ability to pay witness fees which was cut after last session. The money being transferred to the AG’s office from the court administrator, however, is only what would be needed to pay witness travel. That being said, I think the restoration of the ability to pay witness fees is a sufficient benefit to Missoula County that we should drop our opposition given the assurance that there is funding to at least maintain the status quo. The County Attorneys can then work with the AG’s office to get proper funding for this next session to get us back to where we were two years ago.
Send noon on Jan. 18:
ReplyDeleteSenators,
Missoula County opposes SB 26, Remove requirement for state to pay travel costs for prosecution witnesses, on the Senate floor this afternoon. When the state assumed district court functions and employees, part of that assumption included an agreement that the state would assume the costs for expert witnesses. County attorneys prosecute cases on behalf of the State of Montana, and in many of those cases the defendant is represented by the Public Defenders Office. The cost for expert witnesses for use by the public defenders office is done through state appropriation. To make the cost for the state’s prosecution a permissive expense places county prosecutors at an extreme disadvantage. This could result in instances where prosecutors may not be able to seek out justice for a victim due to the tenuous nature of the funding source. For instance, the Missoula County Attorney’s Office recently had to fly a child and a parent from England so the child could testify in a felony case where she was the victim of a crime committed at a relative’s house in Missoula. Prosecutors should never find themselves in a position in which they may not be able to seek justice due to prohibitive costs.
Please oppose SB 26.
Send 1 p.m. Jan. 18:
ReplyDeleteSenators,
To clarify: Missoula County is concerned that the amended language uses the wording “the attorney general may reimburse counties” for costs, making reimbursement discretionary instead of mandatory. This does not provide certainty that these costs will be recouped.
Please oppose SB 26.
From Jason Marks:
ReplyDeleteI just got off the phone with Beth McLaughlin with the Office of the Court Administrator. She assured me that the appropriation to fund these payments is being transferred from her office to the AG’s office so there will actually be funding to reimburse the counties.
It is noteworthy that the bill as amended restores the ability to pay witness fees which was cut after last session. The money being transferred to the AG’s office from the court administrator, however, is only what would be needed to pay witness travel. That being said, I think the restoration of the ability to pay witness fees is a sufficient benefit to Missoula County that we should drop our opposition given the assurance that there is funding to at least maintain the status quo. The County Attorneys can then work with the AG’s office to get proper funding for this next session to get us back to where we were two years ago.