Questions and Answers

By Maggie Fleming

I care about the Office of the District Attorney as well as the community. The ability of the District Attorney's Office to evaluate and prosecute cases strongly affects public safety; the Office needs the best-qualified person available. I did not plan to seek a political office, but I am running because I know I have the qualifications, experience, work ethic, professionalism and managerial training to best serve Humboldt County.

What is your position on prosecution of marijuana use and cultivation?

I believe that California will soon legalize marijuana use and cultivation and regulate both. In the meantime, the right to use and cultivate marijuana under Proposition 215 must be fully recognized and respected. However, I think community standards support the prosecution of marijuana cultivation that damages the physical environment, threatens wildlife populations, harms the property of others, and/or threatens public safety. Finally, the rights of marijuana cultivators to be safe in their homes must also be respected. I have successfully prosecuted marijuana-related home invasion cases and would continue to do so.

Is experience as a defense attorney critical for a District Attorney?

No. The fundamental role of a prosecutor is broader than that of a defense attorney and necessarily incorporates the ability to be open-minded about cases and to consider evidence and arguments on both sides of a case. Here's how the American Bar Association characterizes the two roles: "The basic duty defense counsel owes to the administration of justice and as an officer of the court is to serve as the accused's counselor and advocate with courage and devotion and to render effective, quality representation." Versus the function of the prosecutor: "The prosecutor is an administrator of justice, an advocate, and an officer of the court; the prosecutor must exercise sound discretion in the performance of his or her functions." and "The duty of the prosecutor is to seek justice, not merely to convict." Both to fulfill their duty and to achieve just outcomes, prosecutors must remain open-minded about cases and recognize arguments on both sides.

The role of the prosecutor is well-represented by the presentation of cases to criminal grand juries, which are called when District Attorneys conclude that direct evaluation of a case by members of the community is the best path to justice. To obtain valid results, prosecutors must present both sides of a case to grand juries. I have presented four cases to grand juries during my career: two returned indictments of the accused and two did not. In all four cases I believe that fair presentation of all the evidence yielded the correct outcome.

Will the support you have received from law enforcement affect your ability to prosecute police whenever it is warranted?

No. Unbiased application of the law is the foundation of the criminal justice system. I will prosecute charges that I believe can be substantiated by admissible evidence, regardless of the people or entities involved. All law enforcement officers worthy of their positions agree with this stand.

Can the prosecution of violent crimes be improved?

The most effective way to prosecute is for one attorney to handle the case from the filing of the criminal charges through sentencing ("vertical" prosecution). While no D.A.'s office is able to do this for every criminal charge, most offices have "vertical" prosecutors who handle cases involving violence such as rape, child abuse and homicide. This system allows the prosecutor to have the time to understand in detail the facts and legal issues of the case and to become familiar with key witnesses. Further it means consistency and efficiency for the victims as well as to the defense. I will establish vertical prosecution for the most serious crimes to maximize effectiveness.