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Wednesday, March 22, 2006
Ind. Courts - Deputy prosecutor faces contenpt citation in dispute with Porter County judge
The Munster (NW Indiana) Times reports today, in a story by Bob Kasarda:
VALPARAISO | One of the county's deputy prosecutors faces the potential of going to jail in a power struggle between her office and Porter Superior Judge David Chidester.The dispute centers around the judge's decision to place a restriction on pretrial diversion agreements, which allow defendants to escape conviction on nonviolent misdemeanor offenses by paying fees and complying with treatment or other conditions.
Chidester ordered Jan. 17 that the prosecutor's office shall no longer refer offenders from his court to an alcohol education program operated by Valparaiso University.
Prosecutors shall limit their referrals to the one-day programs offered by either Porter County PACT's Porter County Alcohol and Drug Offender Service or the privately operated Fresh Start Counseling Service, according to the order. Chidester voiced concerns about the quality of the university's alcohol program.
Porter County Deputy Prosecutor Michelle Jatkiewicz submitted a pretrial agreement Tuesday that called for the defendant, Jennifer Hagerman, to take part in the Valparaiso University alcohol program as part of the response for being charged with public intoxication and false informing.
Chidester said when he rejected the agreement, Jatkiewicz challenged his authority by filing a motion seeking his approval of the document. She argued that prosecutors have sole discretion over the pretrial diversion program and quoted an appellate court ruling that she believes upholds that view.
Jatkiewicz also pointed out that the court had ordered another defendant to take part in the university's alcohol program on March 7. Chidester later said he did so because it would have been difficult for the defendant to travel to the other programs.
Chidester responded by holding a hearing Tuesday afternoon requiring prosecutors to show why Jatkiewicz should not be held in contempt of court for violating the court's order.
During the short hearing, Porter County Deputy Prosecutor Matthew Frost, who represented Jatkiewicz, asked the judge to replace himself because of his role in bringing the complaint.
Chidester said he agreed considering Jatkiewicz faces jail time if found guilty of contempt. He is expected to either appoint a special judge or name three candidates from which the parties will choose.
Posted by Marcia Oddi on March 22, 2006 11:18 AM
Posted to Indiana Courts