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Thursday, March 23, 2006
Ind. Courts - More on: Deputy prosecutor faces contempt citation in dispute with Porter County judge
Updating yesterday's ILB entry on a dispute in Porter County Superior Court over pretrial diversion providers, Bob Kasarda of the Munster (NW Indiana) Times reports today:
VALPARAISO | It looks as though the county prosecutor's office and Porter Superior Judge David Chidester have found a way to settle a power struggle without the possibility of one of the deputy prosecutors going to jail on a contempt charge.The two sides plan to waive the issue to the state appellate court, according to Chidester.
At issue is Chidester'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. * * *
The judge now has his sights set on having the appellate court settle the core issue of whether he has any control over pretrial diversion agreements.
The move would involve prosecutors presenting a new criminal case that raises the same argument, Chidester said. The original criminal case that triggered the argument would await the ruling by the appellate court.
Porter County Chief Deputy Prosecutor Brian Gensel had the same understanding of the agreement and said the approach is not uncommon.
While he has defended the Valparaiso University alcohol awareness program, Gensel said his office will refrain from making any further referrals until the dispute is settled. "We're trying to get the whole thing resolved," he said.
Posted by Marcia Oddi on March 23, 2006 10:41 AM
Posted to Ind. Trial Ct. Decisions