City diverts Measure N money to DA's office to prosecute city municipal code violations
Sep. 24—The city of Bakersfield will pay the Kern County District Attorney's Office $300,000 to supplement prosecutors' salaries when they prosecute violations of city ordinances as funds from Measure N have ballooned since its approval in 2018.
City Council members add to the municipal code by approving ordinances in areas not covered by state law, which could increase the burden on prosecutors' caseloads. The roughly 80 district attorneys in the office file roughly 30,000 cases per year, and therefore the money is recognition of their efforts to prosecute city violations, Assistant District Attorney Joseph Kinzel, the spokesman for the DA's office, said Friday.
"By the city granting the funds generated by Measure N to the Kern County District Attorney, the district attorney can designate deputy district attorneys to focus on the quality-of-life crimes and the misdemeanor calendar, as the $300,000 will be used for salary of trained prosecutors who will continue ensuring that quality-of-life impacting crimes receive the attention they deserve within the criminal justice system," city spokesman Joe Conroy wrote in an emailed statement.
The DA's office has received funds from the city in the past to prosecute these crimes, and is an evolution of a program that once existed. Years ago, deputy city attorneys once prosecuted lower-level misdemeanors that were violations of the city's municipal code, and now district attorneys have taken on that burden. But Measure N, a 1-cent sales tax approved by voters in 2018 to improve on public safety and enhance city services, has allowed prosecutors to shoulder these cases.
These crimes typically include gambling, drinking alcohol in public, open display of narcotic paraphernalia, unruly and loud gatherings, panhandling, curfews, trespassing, and shopping cart theft.
"Although minor in nature, if left unenforced (these crimes) can have a significantly deleterious impact upon the quality of life for a city's residents," wrote Kern County District Attorney Cynthia Zimmer in a letter to City Council members about the funds.
A majority of City Council members approved the funds at their Wednesday meeting as part of the consent agenda.
Bakersfield police officers will also have the ability to "directly file" file approved low-level crimes under the City Council's approval. Officers can file the charges themselves, and deputy district attorneys can begin their prosecution for these crimes.
Typically, the DA's office will get the investigation and recommended charges from police officers to then file charges. Police officers may request a suspect be charged with a different crime than what prosecutors will ultimately charge against a person, but the "direct file" process bypasses review.
Kinzel, the spokesman for the DA's office, said police officers will only file charges for "straightforward issues" such as driving without a license or a suspended one and not for elaborate investigations.
This program will also help prosecutors help those who have constant violations for failing to appear in court by keeping track of their violations and ensuring they get through the court process, he added.
"This is not the first time the city has worked in partnership with the District Attorney's Office on a program like this — similar funding was also provided in a recent budget — and we expect to continue to partner with the D.A. on this program in the future," Conroy added in his statement.
Ishani Desai can be reached at 661-395-7417. Follow her on Twitter: @_ishanidesai.
