Robert M.A. Johnson
"NDAA -- A National Voice for the Local Prosecutor"
Sometimes I think we do not truly appreciate how important the National District Attorneys Association (NDAA) is to our nationwide system of justice. Criminal prosecution in the United States differs from prosecution in all other countries. In other countries, prosecutors are employees of a centralized office. Somewhat similar to our federal system, the head prosecutors in other countries are appointed, not elected. In those countries, some central government authority imposes its policies on its prosecutors and it determines the resources that will be made available to prosecutors. As a result, prosecutors in other countries have become responsible to this central authority, not the people they protect.
Here in the United States, we have a decentralized system of criminal prosecution. In all but five of our states, prosecutors are elected by the citizens of their jurisdictions. Indeed, there are over 2,600 local jurisdictions across the country in which the chief prosecutor is elected. The criminal laws and procedures of all of our states are unique and often very different. Each prosecutor's office in all of these 2,600 jurisdictions is entitled and obligated to use his or her own discretion despite the influence of a state or county budget authority and legislative attempts to control the independent exercise of discretion.
Given our independence, our challenge in a decentralized system of justice is how we as local prosecutors respond not only to important local issues but also to issues of a national concern. Every day, we work to respond to the special needs and problems of our own jurisdictions. On a daily basis, we are accountable to our own communities for our policies and our exercise of discretion. In dealing with our local issues and problems, it is easy to overlook the fact that these issues are often derivative of broader national issues. In contrast to the centralized prosecution systems in other countries, each of our independent, local offices is unlikely to have sufficient resources to address in depth complex issues such as DNA, cybercrime, bias in the justice system or a proposed new ethical code. While we commit our attorneys and our resources to the trenches on the front lines of criminal prosecution, we are left without an ability to direct the intelligence and resources of our offices to continuing education and public relations on these important issues. How can we deal with these issues?
This is where NDAA comes in. We bring together local prosecutors from every state to discuss criminal justice issues that arise across our country. The NDAA staff communicates every day with prosecutors, the media, Washington bureaucrats and members of the United States Congress to further identify these national issues. Our established relationships with the White House, Department of Justice and Congress add to this collective intelligence. The NDAA Board of Directors examines and shapes policies for local prosecutors that respond to these national issues. Our membership of local prosecutors coming from all corners of the United States assures a balanced response to these kinds of national issues.
The response and assistance of NDAA, however, goes far beyond merely developing policies for national issues on behalf of local prosecutors. As these issues are identified, NDAA works with and through the National College of District Attorneys (NCDA) and the American Prosecutors Research Institute (APRI) to research and develop training for local prosecutors. For over 30 years, NCDA has offered specialized, tuition-funded training for local prosecutors. NDAA controls a majority of the board of directors of NCDA. Similarly, for over 15 years, APRI has performed grant-funded research and training in areas of interest to local prosecutors. NDAA also controls a majority of the board of directors of APRI.
Continuing this commitment to training, several years ago, the leadership of NDAA encouraged Congress to create the National Advocacy Center (NAC) on the campus of the University of South Carolina. Through congressional funding, NDAA provides training to local prosecutors free of charge. NAC has provided valuable trial advocacy training for over 6000 local prosecutors.
In addition to training, every day, the national media poses both fundamental and controversial questions to NDAA about our criminal justice system. When the media looks for the facts, NDAA provides them. But when the media wants commentary, NDAA directs the media to the proper NDAA leader or local prosecutor to answer specific questions. Local prosecutors also pose questions to NDAA. Whether it is a question about an expert witness or a novel defense in a criminal prosecution, NDAA can help connect one local prosecutor with another who may have helpful experience or knowledge.
Accordingly, NDAA shapes coherent responses to developing and challenging national criminal justice issues by combining the intelligence and experience of local prosecutors. It is the only national institution that serves this purpose. NDAA is a substitute for the centralized criminal justice systems in other countries, but it also respects and promotes the independence of local prosecutors.
During this last year, I have had the great privilege to present you with some thoughts about prosecutors and our criminal justice system. At times, I tried to be provocative and to challenge some conventional ways of thinking. As president of NDAA, I want you to know that I have the greatest respect for the work you do every day to bring justice to your community. I offer my sincere thanks for the privilege of serving as your president, but more importantly, I thank you for your work and commitment to justice.
For the most part, the chief local prosecutors in Alaska, Connecticut, Delaware, New Jersey and Rhode Island are appointed by an elected state prosecutor.
