Direct From the Source - Access to Public Information About the DA's Office

The DA's Commitment to Transparency

03/18/10 - The District Attorney's Office is committed to transparency and to complying whenever possible with requests made under the California Public Records Act.

At the same time, we are also committed to protecting the taxpayer from having to foot the bill for a significant amount of time and resources responding to what often amounts to a fishing expedition.

In the past three years, our office received 118 formal requests under the California Public Records Act. During that time, we requested fees to provide copies of records 15 times. This is not done to prevent the public or the media from obtaining public records-it's done to protect the taxpayer from having to pay for such requests. As a law enforcement agency, there are also times when we are required to deny public records requests because of very real security or investigatory concerns.

In a recent post, the online non-profit website Voice of San Diego expressed disappointment about being required to reimburse the District Attorney's Office for costs associated with a public records request. The Voice of San Diego says "for months the District Attorney's Office has refused to discuss the charges..." This is incorrect.

You can click here to read all of the correspondence that has occurred between the Voice of San Diego and our office over the past three months about this records request. As you'll see, we have responded to each inquiry regarding charges for the requested statistics and have tried to help the Voice of San Diego narrow the scope of its request so it can get relevant statistics without having to reimburse us.

In the Voice of San Diego's recent post, it is claimed that our estimate of computer services and programming fees is not proper under California law. We stand by the opinion that it is proper and legal-and that it follows the spirit of the law.

If the Voice of San Diego had merely requested copies of existing paper records, a costs-only copying fee would be appropriate. But instead, the Voice of San Diego asked us to create a completely new electronic record from our Case Management System database. A fee for that type of work is found in Government Code section 6253.9(b), covering production of electronic records under the California Public Records Act. It reads:

"(b). . . [T]he requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record when either of the following applies: . . . ¶ . . . "(2) The request would require data compilation, extraction, or programming to produce the record." (Emphasis added.)

There is nothing "vague" about this provision, as the Voice of San Diego has asserted.

But let's get back to what prompted this public records request in the first place: the Voice of San Diego's desire to report on gang enhancement charges. Our office has already spent a good deal of time discussing gang enhancements with the Voice of San Diego-and we were happy to do so. One of our prosecutors spoke at length with Mr. Kyle on the topic for this piece that was posted on the Voice of San Diego's website in December.

The Voice of San Diego also states that some un-named defense attorneys and researchers expressed "skepticism" that a connection might exist between some of the pimps we prosecute and gangs in San Diego. Locally, indeed nationally, street gangs are using prostitution to finance their criminal activities and recruit new members. While pimps are often gang members, the gang enhancement is only alleged when we can factually substantiate the connection between their pimping and their gang.

These gang members are violent, dangerous criminals who are committing serious crimes in our neighborhoods and exploiting vulnerable young women. The District Attorney's Office will continue to file any charges that we believe we can prove beyond a reasonable doubt in court. That is our duty as prosecutors and our commitment to our community.

It's unfortunate that the Voice of San Diego's focus has shifted from a genuine desire to learn more about the serious nature of gang prosecutions...to a blog about when messages are left and when phone calls are returned. We remain available to discuss how and when the gang enhancement is filed against a defendant and our office's efforts to reduce gang violence in the county. But we will not allow the taxpayer to pay for public records requests that tie up valuable resources and personnel.

Many journalists in San Diego will tell you that the DA's Office has good working relationships with them and the media outlets they represent. They would also say our office goes out of its way to provide statistics when requested. Most of the time, we provide stats without the filing of a formal public records request. In fact, we have even formed a committee that assists us in responding to media requests for statistics accurately and in a timely manner to help reporters who are on deadline.

The bottom line is the District Attorney's Office works on behalf of the People. As such, we will continue to pursue justice for crime victims, to assist the media and be transparent whenever possible-and protect the taxpayer when appropriately responding to public records requests.

Paul Levikow
Communications Director
San Diego County District Attorney

Budget Summary

01/07/10 - Responding to the economic downturn, the District Attorney's Office has been hard a work, managing operating costs while ensuring we do not compromise core and essential public safety services to the community. We rely largely on funding from state sales taxes and property taxes, both of which have decreased significantly during the recession.

The DA's Office has already cut the budget by about 10% and we continue to look for ways to "work smarter." Our budget reduction strategy for fiscal year 2010-11 includes the following possible actions:

  • Hold open vacant positions
  • Reduce travel and training costs
  • Maximize the use of grant revenue sources
  • Review and apply for new grant opportunities

In order to mitigate the impact of our reduced workforce, we created several teams of committed DA employees to proactively look at how we can improve the way we do business. All of the teams included diverse representation from all levels and areas of our organization. These teams worked hard over the last several months to come up with creative ideas and solutions to help our office "work smarter."

One of these teams visited each and every branch and division of the DA's Office. At each stop, the team walked through the process and procedures of the "life of a case." This labor intensive effort allowed the team to identify the things that are working best in each area of the office, make comparisons, and look for ways to increase efficiency - saving money and making things run more smoothly for everyone. The ideas fall into general categories like Information Technology, Training, Administrative Processes, and Equipment Needs. Some of these ideas include the following:

  • Consolidate and re-organize divisions to create efficiencies
  • Identify and implement technology to replace manual processes
  • Implement organization wide cross-training program
  • Implement volunteer program in all areas of the office

The County is faced with a serious loss of resources to the County of San Diego. We will continue to work to identify ways to become more efficient in the provision of prosecution services to the citizens of San Diego.

Budget revenues and expenditures

felony prosecutions by crime

Year in Review

01/04/10 - As we begin a new year, the District Attorney's Office is renewing its dedication to Year in Reviewthe pursuit of truth, justice and protection of the innocent and the prevention of crime through the vigorous and professional prosecution of those who violate the law.

During 2009, our office filed cases against more than 41,000 defendants and conducted more than 700 jury trials. It is a testament to the professionalism and dedication of the employees of the DA's Office that we maintained a felony conviction rate of 94%.
Click here to watch a quick video about some of the office's high-profile cases and accomplishments during 2009.

Gang Injunction

12/22/09 - San Diego County District Attorney Bonnie M. Dumanis, Sheriff Bill Gore and the Escondido Police Department announced that a new gang injunction has been approved by a Superior Court Judge in Vista. The Preliminary Injunction is against more than two dozen members of two street gangs operating primarily in Escondido.

Previous gang injunctions in the North County have been successful in making neighborhoods safer for law-abiding citizens who are being harassed, intimidated and victimized by gang members on a regular basis. Crime and calls to 911 have gone down when the DA's Office has sought these kinds of injunctions.

The new order prohibits certain activities within two designated "Safety Zones" in Escondido. The key provisions of the injunction prohibit defendants from associating with other gang members, wearing gang clothing, or flashing gang hand signs. graffiti wall Violating the injunction can result in criminal prosecution resulting in a $1,000 fine and up to six months in jail. Gang injunctions have been used successfully by the District Attorney's Office since 1997.

Information on Gang Injunctions, including maps of Safety Zones can be found on the San Diego County District Attorney's website.

Teen Crashes

12/18/09 - Since September, there have been three crashes in San Diego County where teen drivers were suspected to DA Dumanisbe under the influence of alcohol. In two of those incidents, another teenager tragically lost their life. At the same time, the number of DUI cases filed by the District Attorney's Office against juveniles is up 20 percent this year. Please don't drink and drive this holiday season. And parents, talk to your kids about this important topic. District Attorney Bonnie Dumanis recently discussed the issue on NBC 7/39 News.
You can watch the interview here.

Elder Abuse Prosecution

12/16/09 - It took less than three hours this week for an El Cajon jury to convict Jeffrey Edward Nelson of attempted murder and torture for the kidnapping of a La Mesa grandmother. Deputy District Attorney Paul Greenwood, one of the nation's leading experts on elder abuse, successfully prosecuted the case. You can watch "The Today Show" story that aired this morning on the verdict by clicking here.

Peremptory Challenges

12/11/09 - You may have seen some news media coverage about a decision by the DA's Office to exercise its legal right to issue peremptory challenges against a Superior Court Judge during criminal cases. Here's what the DA's Office has had to say about it to reporters:

Under the law, all parties in a case have a right to what is called a peremptory challenge without stating the specific reasons for the decision. We are exercising this right. This decision was made after careful consideration and thoughtful review over an extended period of time. It is a judgment call made in the best interests of our clients, the People of the State of California, and the cases we are prosecuting.

Bonnie M. Dumanis
District Attorney of San Diego County

The blanket challenge of a Superior Court judge by the District Attorney's Office has been mischaracterized by recent reporting and editorials.

Judicial challenges are nothing new in San Diego County. They have been used (without giving the reasons, as provided for by law) by two previous District Attorneys, the defense bar and the Public Defender's Office. The careers of the judges who were challenged were unaffected by these actions.

The decision to request a peremptory challenge is made only after careful consideration and review over an extended period of time. As a former judge myself and now your District Attorney, I know it is in the best interests of the judicial system and all parties involved to utilize this tool carefully and with the privacy the law allows in such a case.

I hope the public will not buy into speculation about the reasons for the challenge and assertions that the decision is personal. It is not. It is also not meant to diminish the judge's reputation or shape the bench.

On the contrary, the DA's Office was careful not to publicize the challenge or the judge's name out of respect for his privacy and his reputation as an experienced jurist. We strive to be a transparent public agency. But we also have a legal right to make certain decisions in private. I pledge to those who elected me as their District Attorney that this decision was made carefully and solely in the interest of justice.

Bonnie M. Dumanis
District Attorney of San Diego County

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