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DA wants to transfer marijuana cases to municipal court
07:25 PM CDT on Thursday, August 6, 2009
NEW ORLEANS – New Orleans' top prosecutor is floating an idea he says will help his office focus on violent repeat offenders.
District Attorney Leon Cannizzaro asked the City Council to consider an ordinance that would transfer simple marijuana possession cases from state to municipal court.
He said, of the approximately 2100 open cases at Orleans Criminal Court, about a third of those cases involve simple possession of marijuana.
"If these cases could be moved to Municipal Court, obviously it would allow for our resources to be better directed to dealing with the more serious charges in Criminal Court," said Cannizzaro.
Cannizzaro said the change could also help relieve prison overcrowding. Police would have the option to give an offender a summons in lieu of an arrest.
"I am not here advocating the legalization or decriminalization of marijuana in anyway whatsoever," said Cannizzaro. "We're simply asking that the cases be transferred from the Criminal District Court to the Municipal Court."
Cannizzaro reminded the council the District Attorney’s Office recently took over domestic battery cases that used to be handled at municipal court.
The chairman of the council's Criminal Justice Committee, James Carter, put the proposed ordinance on the agenda for next week's meeting.
"To me this is in keeping with that progressive, focusing on the violent offenders and de-emphasizing the lower and giving folks a chance, another chance at success in this particular community," said Carter.
Rafael Goyeneche, who heads the watchdog Metropolitan Crime Commission, said transferring the simple possession cases to Municipal Court makes a lot of sense. He said the penalty is the same, up to six months in jail and a $500 fine, and the only thing that really changes is the location of the courthouse.
"What we're talking about here is not giving anyone a free pass or letting anybody go, it's a matter of just using your resources to maximize efficiency and public safety,” Goyeneche said.
Judges at Orleans Criminal Court say transferring the marijuana cases is not a good idea.
Speaking for the court, Magistrate Judge Gerald Hansen said a city charge cannot be used to enhance any future state drug charges. He also said offenders should be arrested rather than issued a misdemeanor summons to appear in municipal court.
"I don't understand the reason for the change," said Hansen. "Nothing here has happened that would say it hindered the movement of any felony cases. None of his DAs that handle felony cases handle the magistrate misdemeanors."
The matter is now expected to come up before a City Council committee next Wednesday.
07:25 PM CDT on Thursday, August 6, 2009
NEW ORLEANS – New Orleans' top prosecutor is floating an idea he says will help his office focus on violent repeat offenders.
District Attorney Leon Cannizzaro asked the City Council to consider an ordinance that would transfer simple marijuana possession cases from state to municipal court.
He said, of the approximately 2100 open cases at Orleans Criminal Court, about a third of those cases involve simple possession of marijuana.
"If these cases could be moved to Municipal Court, obviously it would allow for our resources to be better directed to dealing with the more serious charges in Criminal Court," said Cannizzaro.
Cannizzaro said the change could also help relieve prison overcrowding. Police would have the option to give an offender a summons in lieu of an arrest.
"I am not here advocating the legalization or decriminalization of marijuana in anyway whatsoever," said Cannizzaro. "We're simply asking that the cases be transferred from the Criminal District Court to the Municipal Court."
Cannizzaro reminded the council the District Attorney’s Office recently took over domestic battery cases that used to be handled at municipal court.
The chairman of the council's Criminal Justice Committee, James Carter, put the proposed ordinance on the agenda for next week's meeting.
"To me this is in keeping with that progressive, focusing on the violent offenders and de-emphasizing the lower and giving folks a chance, another chance at success in this particular community," said Carter.
Rafael Goyeneche, who heads the watchdog Metropolitan Crime Commission, said transferring the simple possession cases to Municipal Court makes a lot of sense. He said the penalty is the same, up to six months in jail and a $500 fine, and the only thing that really changes is the location of the courthouse.
"What we're talking about here is not giving anyone a free pass or letting anybody go, it's a matter of just using your resources to maximize efficiency and public safety,” Goyeneche said.
Judges at Orleans Criminal Court say transferring the marijuana cases is not a good idea.
Speaking for the court, Magistrate Judge Gerald Hansen said a city charge cannot be used to enhance any future state drug charges. He also said offenders should be arrested rather than issued a misdemeanor summons to appear in municipal court.
"I don't understand the reason for the change," said Hansen. "Nothing here has happened that would say it hindered the movement of any felony cases. None of his DAs that handle felony cases handle the magistrate misdemeanors."
The matter is now expected to come up before a City Council committee next Wednesday.