"A Day in the Life of a Young Deputy City Attorney" by Markecia R. Simmons

I am a prosecutor in the San Diego City Attorney’s Office. As a Deputy City Attorney (DCA) in the Criminal Division, I prosecute misdemeanors and infractions committed within the city limits. The Criminal Division is divided into nine units: Screening and Arraignment, Trial, Appellate, Consumer and Environmental Protection, Code Enforcement, Drug Abatement Response Team, Domestic Violence Unit, and Neighborhood Prosecution.Some of the best features of the Criminal Division are the trial experience and the comprehensive training program for all new deputies. The training is comprised of courtroom work, classroom instruction, and visiting with law enforcement agencies. I was very well trained by our senior staff, and the training program has earned an excellent national reputation. Things that are common to all DCAs in the Trial Unit include trial preparation, conducting bench and jury trials, appearing in court daily for arraignments, readiness hearings, probation revocation hearings and 1538.5 motions, negotiating plea bargain agreements and issuing cases based on police reports and investigations. We maintain an average annual caseload of 10-20 cases set for jury trial. The challenging goal of the Criminal Division is to develop and maintain excellence in trial, despite the influx of approximately 40,000 criminal cases per year. One of the strengths behind the processing of our criminal files is the Criminal Division’s support staff. We would not be able to maintain trial excellence without them.What is my typical day like? I must tell you that no day is really typical. When I am initially preparing for a trial, the majority of my time is invested in writing my opening statement and preparing for direct and cross examination questions. In addition, criminal trial attorneys know that several pretrial events occur before one actually stands before a jury. It takes approximately half a day to get through pretrial motions. You’re lucky if you get to pick your jury on Day One before lunch.Returning back to a typical day, I continue to prepare for my trial while I am waiting to be called to a courtroom. It’s 10:30a.m. There are 45 potential jurors.I hand over my jury instructions and verdict forms to the courtroom clerk, the judge comes in and takes a seat at his bench. The jury panel is called into the court room. The judge acknowledges the attorneys. For a moment I am distracted because the banana I grabbed before the day began was not enough and now my stomach is growling. It is now 11:30a.m. Fortunately, the judge announces that he will excuse us for lunch and has told everyone to come back to the courtroom at 1:30 p.m. It will provide me with enough time to calm my stomach and continue to prepare for my case, present my witnesses and closing argument. Trial work is, at many times, unpredictable. But that drives me to be at my very best. In addition, there is a code of respect that DCAs share with our colleagues, courtroom staff, and the public defenders. We are all trying to achieve justice in the courtroom. I will always remember my first trial where the defendant was charged with PC 647(f): being drunk in public. When the jury returned a guilty verdict, they gave me a standing ovation. That’s because the judge told them that this was my first trial. I strongly believe, however, that my successes in the courtroom have been as a result of what I learned in the Criminal Division’s comprehensive training program.As I said earlier, the average number of cases actually tried by a DCA in the trial pool ranges from 10-20 cases a year. Once a DCA has gained sufficient trial experience, opportunities exist to transfer to one of the Criminal Division’s vertical units. I recently transferred from the Trial Unit to the Code Enforcement Unit (CEU), where I work in close partnership with the city’s neighborhood code enforcement inspectors, community groups, and the Police Department to improve the quality of life in San Diego’s neighborhoods. My supervisor Diane Silva-Martinez has overseen the unit for more than a decade and has been an excellent trainer for me. The types of violations that are referred to CEU range from substandard housing to illegal businesses, nuisance properties, fire hazards, illegal dumping, destruction of sensitive resources, abandoned structures and numerous other violations. As a code enforcement prosecutor, I know that I am continuing to make a difference in people’s lives and our neighborhoods. I must stress that what also makes a big difference in carrying out one’s duties everyday is having top management who truly understand and truly appreciate the work that you’re doing every day. City Attorney Michael Aguirre and Assistant City Attorneys Chris Morris and Margaret Jacobo make a big difference for newbies, like myself. It is my hope that one day I too will be able to assist a new deputy city attorney launch his or her criminal career with all the support that I have received from the San Diego City Attorney’s Office.

Original article can be found at:
http://www.sdcba.org/ynld/oct_2007/article5.html