Interns approved for prosecutor to revive diversion

Published 4:48 am Thursday, November 13, 2008

By By JOHN EBY / Vigilant/Argus
CASSOPOLIS – Since Prosecutor Victor Fitz has 11.4 positions in his office, does he really need four interns during a slumping economy? wondered Commissioner Ed Goodman, D-Silver Creek Township.
Fitz persuaded commissioners last week to grant him the four University of Notre Dame interns for $4,044 by saying the move would actually make the county money because one will resurrect the diversion program.
Interns also conduct legal research, write and prepare cases.
Goodman also noted the $29,575 the county is spending on a reclassification and compensation study.
"Being a fiscal conservate in the times we're in, is it really that important and do you really need this because it's $4,000 that's going to come from someplace else?" Goodman asked.
Fitz, prosecutor for five years and re-elected Nov. 4 to his second four-year term, said, "Those are good questions. It's pretty evident that I'm a fiscal conservative as well. My budget has gone down every year since I've been here. I've returned surpluses every year. And my number of employees has also decreased significantly since I began as the prosecutor and will continue to do so because I want to run a sleek and efficient office for the county."
Fitz continued, "The reason why this proposal is on here is because it will actually make money for the county by bringing in revenue."
Fitz, who as an assistant prosecutor conducted a diversion program for Tuscola County for two years, reminded commissioners that Cass County had a diversion program that went by the wayside because "they didn't have sufficient personnel to man it."
Fitz said the previous diversion program had 100 people who paid $100 each, meaning $10,000. Kent County charges $400.
There are also positives with the program besides the revenue aspect, the prosecutor said. "Many individuals who are minor offenders, it gives them a new lease on life," he said. "We have a critical need on our forfeiture cases to make sure things are filed timely so we don't lose by making an administrative mistake. That's something interns can do. Their legal research will allow us to be even more aggressive on forfeiture cases. Some presently bypassing us we'll be able to pursue with that additional personnel. One forfeiture, properly researched, can bring in $50,000 to $100,000. A great advantage of this program is because Notre Dame assists with salaries, we're literally getting employees for $5 an hour."
Commissioners asked Fitz to explain the diversion program.
"We'll start at the District Court level" with offenders in retail fraud (shoplifting), check-writing offenses and minor assaults.
"These are individuals who have limited or completely clean past records," Fitz said.
"They'll be given the option – and one of the law students will be running this program – rather than be charged criminally, to perform community service. We've got a vast number of agencies which have been involved in this in the past. They will be required to make full restitution. We'll be consulting with the police as well as the victim to make sure they're comfortable with diversion program participation. If they successfully complete the diversion program," after six months or a year their record will be unblemished.
"It's a win-win situation," Fitz assured Goodman, because "the victim is made whole restitution-wise. A young individual with hopes of college will still have the maximum opportunity to do that. It also clears up jail space and frees up some beds."
Election night, Fitz conferred with District Judge-elect Stacey Rentfrow.
"I'm looking forward to a very positive relationship with Stacey," he said.
"Having been around the operation of this county for 45 years," Dowagiac Commissioner John Cureton said, "I remember when we had a half-time prosecutor whose personal secretary did most of the paperwork."
"I wish it was that way," Fitz said. "But it's a different world, unfortunately."