44 Canal Center Plaza, Suite 110 Message from the President - Sept Oct 2007
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James P. Fox

James P. Fox, District Attorney, Redwood City, CA


Media Attacks; Prison Overcrowding Crisis

The NDAA Summer Conference held in Portland, Oregon, is now behind us and we are looking forward to the fall board of directors meeting in San Antonio, Texas. The Summer Conference Committee, Yamhill County District Attorney Bradley Berry and the Oregon District Attorneys Association did an outstanding job of planning and producing the conference. Multnomah County (Portland) District Attorney Michael Schrunk was a gracious host. The training sessions were informative and the social events were most enjoyable. For years to come, people who attended family night at the zoo will talk about the Elvis Impersonator Contest as one of the most entertaining events ever held by NDAA. Jim Backstrom, Curtis Hill and Chris Chiles delivered such powerful performances that the contest yielded no clear winner.

NDAA continues to work with the United States Department of Justice (DOJ) to obtain the funding needed to support our mission. The research and development division of NDAA has submitted a number of grants and we have received assurances from DOJ that they appreciate the good work we do, and they are processing the grant applications as expeditiously as possible. The education division of NDAA continues to offer outstanding courses to assist our nation’s prosecutors in their efforts to hold accountable those who threaten public safety. We are hopeful that Byrne Grant money will become available by October so we can continue the outstanding training at the National Advocacy Center in Columbia, South Carolina, without cost to participants.

As I mentioned in my remarks at the awards luncheon at the summer conference, our criminal justice system is under attack by the defense bar and the media with claims of “numerous wrongful convictions.” There have been cases of innocent people being convicted and then exonerated through improved technology such as DNA, but those who are attacking our system of justice claim that the number of discovered wrongful convictions is just a fraction of the number of truly innocent people languishing in our prisons. This claim is unfounded.

It is a fact that we do face a national crisis of prison overcrowding. This has led to a movement to reduce sentences either through legislative action or through the establishment of sentencing commissions. As prosecutors we have a significant role to play in working to guarantee that there will be adequate prison space to house people who constitute a threat to public safety. I encourage all of our members to become active in our individual states to work for appropriate facilities and resources to protect our communities from those who should be removed from society.

Prosecutors across the country are being attacked for over-aggressive, unethical prosecutions which result in wrongful convictions. A committee chaired by former NDAA President Paul Logli and co-chaired by the former dean of the National College of District Attorneys, Bob Fertitta, has completed a draft revision of the National Prosecution Standards. That draft is available on the “members only” section of the NDAA Web site. The revisions will be discussed at our board meeting in San Antonio on December 1. I encourage all members to review the draft and provide comments to the committee well in advance of the San Antonio meeting. Prosecutors must adhere to the highest ethical standards, and we must maintain the confidence of the public by doing so.

I look forward to serving as president of NDAA. I am confident that the coming year will be an outstanding one for our organization.

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