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District Attorney Wants More Staff To Ease Large Workload

MAYVILLE — Limited staffing and hefty caseloads have the Chautauqua County District Attorney’s Office at a tipping point.

That’s according to District Attorney Patrick Swanson, who told Public Safety Committee members on Wednesday that felony prosecutors within the office are handling 100-200 cases a year. Annually, 7,000 criminal cases and 10,000 traffic offenses are handled by prosecutors.

“Our current caseload has put every attorney at the maximum of what the rule of professional responsibility allows,” he said.

Swanson came before the committee to discuss the office’s work and limitations they’re facing with nine attorneys and three investigators, one full-time and two part-time. Swanson told legislators that he wants five additional prosecutors over the next three years. Come budget time this fall, Swanson will be asking for two additional prosecutors for 2018.

“We have an attorney and support staff shortage,” he said. “The amount of cases (our prosecutors) handle is impressive. I’d like to see some relief and see our veteran prosecutors focus on violent crimes and specialized crimes.”

Through the addition of two prosecutors next year, Swanson said the office would have the ability to place an attorney to solely handle child sex crimes. The prosecutor would be placed at the Child Advocacy Program’s offices in Jamestown and Fredonia to gather evidence and witnesses.

“It’s really important in making sure these worst-of-the-worst offenders get prosecuted,” Swanson said.

Adding two more attorneys in 2019 would allow the office to handle cases involving 16- and 17-year-olds, which will be heard in Family Court per the new “Raise the Age” law. The age of juvenile accountability will rise to 16 beginning October 2018 and 17 in October 2019.

An additional attorney brought on in 2020 would maintain the services of a prosecutor to handle domestic violence cases. The office receives a grant that pays for a prosecutor to handle the 200-plus domestic violence cases a year. Swanson said he doesn’t know how long the grant opportunity will be available in the future.

Swanson is also proposing to add an executive assistant and a second full-time investigator to the office.

“It’s important that we do our jobs effectively,” he said. “I’m asking for a little more than what we have right now. We are restricted with what we can do and what we’re given.”

Roughly $1.5 million in taxpayer funds go to the 2017 operation of the District Attorney’s Office. In 2009, the local share was $1.2 million. State grants are funneled into the office to support the operation.

Data provided by the district attorney shows an average of 195 drug felony arrests in the county per year. A five-year average shows just over 400 cases going through Chautauqua County Court.

The county has one of the highest number of local courts in the state with 38. Swanson said that’s created packed schedules for prosecutors and has impacted the time they have to adequately prepare cases.

Swanson said the quality of life is important to every county resident. A key component to that is effective and efficient prosecution of bad actors.

“Looking at the department, if you don’t work effectively, it definitely affects the people in this county,” he said. “It’s a sad reality we’re facing with the number of crimes, domestics and drugs.”

Come this fall, legislators will decide whether to add more attorneys, and if so, how many. Legislator Terry Niebel, R-Sheridan, placed concerns with a potential increase of around $700,000 over three years with Swanson’s proposed additions. Legislators Paul Whitford, D-Jamestown, and Bob Bankoski, D-Dunkirk, were receptive to the idea as well as Chairman P.J. Wendel, R-Lakewood, who said prosecuting cases in a timely manner could alleviate the County Jail population and costs incurred in taking inmates to other facilities.

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