"The District Attorney does not possess the legal power to dispense with his deputies’ constitutional and statutory obligations to crime victims or the duty of candor by imposing a mandate to read a script."

The California District Attorneys Association (CDAA) announced today it will file an amicus brief supporting a lawsuit filed by the Los Angeles Association of Deputy District Attorneys (ADDA) against Los Angeles County District Attorney George Gascón.

CDAA’s actions are in response to a request from the ADDA, the union representing Los Angeles County prosecutors, which asked CDAA to weigh in on the directives.

CDAA responded with an open ethics letter to the ADDA expressing grave concerns regarding some of the new Los Angeles County District Attorney’s policies, including one that compels prosecutors to read a blanket statement in court which, in some cases, violates the state’s constitutional protection of crime victims.

New sentencing guidelines, issued by Gascón on his first day in office, force Los Angeles County prosecutors to read a statement in court that asks for the removal of certain sentencing enhancements, such as possession of a firearm in the commission of a crime.

“By prohibiting the gun enhancement, this new policy seeks to punish a gun-wielding robber the same as a defendant who snatches a purse from a victim’s shoulder,” CDAA said in its letter.

CDAA is a training and advocacy group for state prosecutors that Mr. Gascón was a member of when he served as San Francisco District Attorney, and it rarely addresses policy differences among elected District Attorneys. As the letter notes, however, CDAA believes it must take a position when policies implemented by an individual District Attorney go beyond the exercise of discretion and contravene both the state constitution and prosecutor ethics.

“The District Attorney does not possess the legal power to dispense with his deputies’ constitutional and statutory obligations to crime victims or the duty of candor by imposing a mandate to read a script,” said CDAA president Vern Pierson.

The amicus brief, a legal document showing support for the lawsuit, will be filed later this month in accordance with the superior court deadlines and procedures.

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