Issues and Answers

By Paula Kamena

Following are answers to the questions most frequently asked of me as a candidate for District Attorney

1) Why are you running for DA?

I am the most qualified for the job. I have learned every aspect of the job over the past 2 and one-half years and know intimately what is required -- and in the face of former District Attorney Jerry Herman's illness, I have done a good part of the job and I have done it well, earning the respect of the Chiefs of Police, the overwhelming majority of the staff of the DA's office and all of law enforcement.

Being District Attorney takes good legal sense, good business sense and good people sense. And I have all three.

The District Attorney is the one who makes the tough decisions, and I have that ability. In October of 1995, I was appointed as Chief of the Criminal Division, over one of my opponents. I was the least senior of the applicants, and the only woman. Two weeks after I was appointed, I asked Jerry Herman why he selected me, even though I was the least senior. He told me that I was the only one that looked him in the eyes and told him when he was wrong. He knew that I made tough and correct decisions, and that I could be trusted to keep Marin safe. That's the quality of my character, and that is why running for DA is the right thing to do.

2) Why should I vote for you ?

The District Attorney is the Chief Law Enforcement Officer of the County. The DA must work very closely with law enforcement. Law enforcement knows me and my opponents, and respects all of us for our various talents. Law Enforcement knows that:

I am tough on crime

I focus on the needs of law enforcement and the community and

I am positive and accessible to both.

The Sheriff, the chiefs of police, 9 local police associations and about 300 individual officers are endorsing me because they know that I can get the job done. And you should trust those who know.

Marin is a special place - together we can keep it safe.

Three strikes is a community response to senseless violence and perceived ineffectiveness by the courts. Tough laws need fair prosecutors. I will use 3 strikes to rid the community of violent and serious offenders, and not enforce it when the end result would be an abuse of discretion.

4) What is your position on drug courts?

5) Position on the Death Penalty

6) Budget

The DA's budget is $6 million dollars less $1.6 million in revenue, for a $4.4 million net county cost. The outside revenue source is Prop. 172 Sales tax money. The Family Support Division budget is $3.3 million dollars and is at no county cost, as the total budget is paid for by state and federal funds. Last year we collected $8 million in child support, and we were number one in the state in collections per case. The Consumer Protection Unit budget is $485,000, and it too is at no county cost, because its revenue equals its expenses.

Since 1991, the criminal division has stayed within its budget every year. We had 66 attorneys in 1991 and have 63 now. All of our expenses are approved by the Board of Supervisors. We are doing more work with fewer attorneys. The only time we have gone back to the Board to ask for more money is when we have increased expenses due to a serious murder case. The primary increase in our budget is salary increases which are negotiated with the union and are for all county employees across the board, not just the DA's staff. 95% of our budget is salary.

We have a variety of grants: Victim-Witness, Auto Theft Prosecution, Spousal Abuser Protection, Insurance Fraud and COPS (Citizens Options for Public Safety).

7) Position on Domestic Violence

Domestic Violence cases, along with child abuse, are difficult cases to prove because of the relationship of the parties and the "private" nature of the offenses, often taking place without witnesses. Many cases are filed with the belief that victims will be cooperative, even though we know that victims often recant for a variety of reasons - fear of safety, fear of financial loss, child care and custody issues, are but a few. If victims become uncooperative, and we have independent proof, we proceed. Unfortunately if the victim becomes uncooperative and there is no independent proof, there is no choice but to drop the charges. Still, we file all the cases that we believe we can prove, even though we may end of dropping them, because sometimes that intervention alone is enough to promote positive change.

Getting victims cooperation is the key - and I am involved in project development to promote this - one is the MAPLEs project that provides civil legal services to victims to deal with issues such as finances, restraining orders and evictions and child custody - so that they will have a sense of safety with the system. This is a collaborative between the District Attorney, Legal Aid, Family Service Agency, Marin Abused Women's Services, and the Sheriff. Another is a project with the Sheriff's Office to developing a special investigation unit for domestic violence offenders. Yet another is one to develope a training program in the jail for anger management to help stop the violence. Our office provides training to police officers and assists private agencies at their request. I have doubled the number of attorneys in the domestic violence unit.

As District Attorney, I will develop a community-wide task force on domestic violence. I will develop a program to have victim-witness advocates in the community and on 24 hour call.

8) What is Your Experience As A Prosecutor?

As a result of the last murder case, I was named Marin's Prosecutor of the Year in 1993 and nominated for State Prosecutor of the Year in 1994.

After that I was assigned to a newly-created position in 1994, as the D.A.'s office felony charging deputy, meaning that for one year I reviewed most police reports that came to our office from the police for consideration as to what charges, if any, could be filed. Thereafter, I was assigned as Superior Court Coordinator, the back-up position to the Chief of the Criminal Division. When that position was vacated in 1995, when Terry Boren was appointed to the bench, I was selected, over one of my opponents, as Chief of the Criminal Division. Since that time, I have supervised all criminal prosecutors in the county, and have also worked on criminal investigations, such as the Golden Gate Bridge accident in which the driver crossed the roadway during an epileptic seizure, killing a woman and injuring many more.

9) Should the District Attorney Be in Court?

Being in the courtroom is the most exciting part of being a prosecutor, and if time permits, it would be my utmost desire to be there. But the main focus of the District Attorney should be to set the policies and see that the right people are sent to court, and to coordinate with community needs. My focus is to pair prosecution with prevention. I am a bridge to the community. Nothing happens in law enforcement unless the District Attorney is in agreement. I am the spark that gets things moving in the right direction

10) How will you solve the rift in the DA's office?

Because of the press this race is receiving, most people have images of our office as a war zone. Not true. Parties supporting either candidate can be seen in the lunch room together, in offices together discussing cases. We are conducting the business of the county in a professional manner.

I believe that of the candidates running for District Attorney, I am the most qualified to repair the separation. First, the clear majority of the staff is endorsing me. I have and will continue to conduct myself in a positive way, and have not once attacked any of my staff or their decisions. On the other hand, the other candidates have. I am the candidate with the people skills. My background in probation lends itself to healing and mending. That was my job. I did it then and I can do it now.

11) Plea bargaining

12) Medical Marijuana