U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics State Court Prosecutors in Small Districts, 2001 January 2003, NCJ 196020 ----------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/scpsd01.htm ----------------------------------------------------------------- By Carol J. DeFrances, Ph.D. BJS Statistician -------------------------------------------- Highlights * In 2001 two-thirds of all full-time chief prosecutors and all 532 part-time chief prosecutors served a prosecutorial district with a population under 250,000. * Full-time offices serving districts with a population under 250,000 employed a workforce of 25,884 attorneys, investigators, victim advocates, and support staff; the total accounted for about a third of the total employment for all prosecutors' offices nationwide. * Full-time offices serving districts with a population under 250,000 had combined budgets for prosecutorial functions totalling over $1 billion. Forty-six percent of full-time offices serving districts with a population under 20,000 received all of their funding from the county government. * Nine out of ten full-time prosecutors' offices serving districts with a population under 250,000 handled domestic violence and child abuse cases. * Nearly two-thirds of full-time offices serving districts with a population between 100,000 and 249,999 reported prosecuting either felony or misdemeanor computer crimes under their State's statutes. * Over 890,000 felony cases were closed by full-time offices serving districts with a population under 250,000. Staff also participated in over 28,000 jury trials that resulted in a verdict. * About 15,500 juvenile cases were proceeded against in criminal court by full-time offices serving districts with a population under 250,000. Half of the full-time offices proceeded against 5 or more juvenile cases in criminal court. * Almost two-thirds of full-time offices serving districts with a population under 250,000 used DNA evidence in plea negotiations and half of the full-time offices used it during felony trials. --------------------------------------------- In 2001 across the Nation an estimated 9 in 10 prosecutors' offices served a district with a population of less than 250,000. These 2,113 prosecutors' offices represented almost 40% of the Nation's population. Three- quarters or 1,581 of these offices had a full-time chief prosecutor. Results from the National Survey of Prosecutors (NSP) indicate that these offices with a full-time chief prosecutor closed over 893,000 felony cases and had combined budgets totalling over $1.1 billion for prosecutorial functions. The median number of felony cases closed per office was 288, and the median budget was $379,000. The 2001 NSP was a census of all chief prosecutors that tried felony cases in State courts of general jurisdiction. ***Footnote 1: The 1990, 1992, 1994, and 1996 NSP data collections surveyed a nationally representative sample of chief prosecutors that tried felony cases in State courts of general jurisdiction.*** The census did not include municipal attorneys or county attorneys who primarily operate in courts of limited jurisdiction. This is the third report based on results from the 2001 NSP which focuses on prosecutors' offices with a full-time chief prosecutor serving a district with a population under 250,000.***Footnote 2: State Court Prosecutors in Large Districts, 2001, NCJ 191206, and Prosecutors in State Courts, 2001, NCJ 193441 are available Even though they constitute the majority of prosecutors' offices nationwide, little information has been reported about prosecutors' offices serving smaller districts with a population under 250,000. The 2001 NSP provides the first opportunity to comprehensively examine these offices. Generally, the 2001 NSP results revealed that compared to offices serving districts with a population of 500,000 or more, full-time offices serving districts with a population under 250,000 had fewer assistant prosecutors (including supervisory attorneys) per 100,000 residents (8.3 versus 11.5), had smaller per resident amounts budgeted ($11.30 versus $23.70), closed more felony cases per assistant prosecutor (including supervisory attorneys) (109 versus 72), and closed more felony cases per 100,000 residents (903 versus 823). The size of the prosecutorial district varied considerably among the 1,581 full-time offices. For example, the prosecutors' office in Galveston County, Texas, served a population of about 248,000 while the prosecutors' office in Banner County, Nebraska, served a population of 831. Since staffing, budget, and workload often differ according to the size of the prosecutorial district, this report presents information in the aggregate for all 1,581 offices with a full-time chief prosecutor and then by categories for offices that served a district with a population bracketed as follows: 100,000-249,000, 50,000-99,999, 20,000-49,999, and under 20,000. Eight out of ten full-time prosecutors' offices serving a population under 250,000 had a prosecutorial district consisting of one county. Virtually all full-time offices that served a population under 20,000 had a prosecutorial district comprised of one county compared to two-thirds of offices serving a population between 100,000 and 249,999. Half of all full-time prosecutors' offices represented a district with a population of 41,000 or fewer. The average population served by the 1,581 full-time offices was 63,000 (not shown in a table). Staffing In 2001 full-time prosecutors' offices serving districts with a population under 250,000 employed almost 26,000 staff, including assistant prosecutors, paralegals, victim advocates, investigators, and support staff. Attorneys (assistant prosecutors, civil attorneys, and supervisory attorneys) and support staff (administrative and clerical) comprised two-thirds of total staff. Victim advocates made up 9% of total staff and staff investigators 8%. Over 8,200 assistant prosecutors including supervisory attorneys were employed by full-time offices serving districts with a population under 250,000. The number of assistant prosecutors including supervisory attorneys per 100,000 residents was 8.3. Overall, the ratio of assistant prosecutors (including supervisory attorneys) to investigators was 4.1 attorneys to 1 investigator; to victim advocates, 3.6 to 1; and support staff, 1 to 1. Twenty-two percent of the full-time offices serving districts with a population under 250,000 did not employ a full-time assistant prosecutor. About 9% of the total staff worked part time. In full-time offices serving a district with a population under 20,000, 19% of the total staff worked part time, and in offices serving a district with a population from 20,000 to 49,999, 14%. The median total size for full-time offices serving districts with a population under 250,000 was 10, including the chief prosecutor. Half of the offices reported 3 or more assistant prosecutors. The median number of support staff was 3 and of victim advocates, 1. The median total staff varied considerably by population. The median total staff for full-time offices serving a district with a population between 100,000 and 249,999 was 31 compared to 15 for districts serving a population between 50,000 and 99,999, 8 for districts serving a population between 20,000 and 49,999, and 4 for districts serving a population under 20,000. Term of office, length of service, and salary of full-time chief prosecutor Most full-time chief prosecutors that served a district with a population under 250,000 were elected or appointed to 4-year terms (85%), with half serving 6.7 years or more (not shown in a table). Seven percent of the full-time chief prosecutors were elected or appointed to a 6-year term and 5%, a 2-year term. About a third of full-time chief prosecutors serving a district with a population under 250,0000 served 4 years or less. Approximately 39% of the full-time chief prosecutors representing a district with a population under 20,000 had served 4 years or less, compared to 22% representing a district with a population between 100,000 and 249,999. Nineteen percent of the full-time chief prosecutors had served 15 years or more. About 23% of the full-time chief prosecutors in a district with population between 100,000 and 249,999 served 15 years or more; 20% in a district with population between 50,000 and 99,999; 17% in a district with population between 20,000 and 49,999; and 18% with a district with a population under 20,000. Half of the full-time prosecutors' offices serving districts with a population under 250,000 reported that the chief prosecutor earned $90,000 or more per year. The chief prosecutor earned an annual salary of $100,000 or more in 30% of the offices. Fifty-two percent of chief prosecutors serving a district with a population between 100,000 and 249,999 earned $100,000 or more, compared to 19% serving a district with a population under 20,000. Attorney recruitment and retention Problems with recruiting new staff attorneys were reported by a third of offices serving districts with a population under 250,000 (not shown in a table). Two-thirds of the prosecutors' offices with recruitment problems indicated that the primary obstacle was noncompetitive salaries. Problems with recruiting new staff attorneys were cited more often in offices serving a district with a population between 100,000 and 249,999 than their full-time counterparts serving a lesser population. Three out of ten prosecutors' offices serving districts with a population under 250,000 also reported problems with retaining staff attorneys. Fifty-seven percent of the offices with retention problems reported that the salary level was the primary obstacle. Retaining staff members was cited more often as a problem in offices serving a district with a population between 100,000 and 249,999 than in the offices from districts with a smaller population. Budget In 2001 full-time offices serving districts with a population under 250,000 had combined total budgets of over $1.1 billion for prosecutorial functions. More than half (53%) of the $1.1 billion was for budgets in the 335 offices serving a district with population between 100,000 and 249,999. Half of the offices reported an annual budget of $379,000 or more. The median annual budget for offices serving a district with a population between 100,000 and 249,999 ($1.4 million) was almost 10 times greater than the median annual budget for offices serving a district with a population under 20,000 ($150,000). Half of the full-time offices serving districts with a population under 250,000 received 76% or more of their funding from the county government (not shown in a table). Six out of ten offices reported receiving some portion of funding from their State government. Seven percent of the offices reported 100% funding from their State government. A quarter of the full-time prosecutors' offices serving districts under 250,000 relied exclusively on the county government for their budget. Forty-six percent of offices serving a district with a population under 20,000 received 100% of their funding from the county government, as did 25% of offices serving a district with a population between 20,000 and 49,999. Fourteen percent of the offices reported no funding from the county government. About 4% of full-time offices serving districts with a population under 250,000 reported some portion of funding from the city government and 38% funding from grant funds. Types of cases handled Full-time offices serving a district with a population under 250,000 handled a variety of felony matters. In addition to felony cases, 90% of offices serving districts with a population under 250,000 handled misdemeanor cases. Juvenile matters were handled by 89%, traffic violations by 84%, and misdemeanor appeals by 73%. About half of the offices serving districts with a population under 250,000 represented the government in civil lawsuits (51%) and had jurisdiction over felony appeals (50%) and child support enforcement (49%). Special categories of felony offenses prosecuted Over 90% of full-time offices serving districts with a population under 250,000 reported prosecuting domestic violence (97%) and child abuse offenses (95%). Firearm offenses were prosecuted by 87% of the offices, stalking by 63%, bank or thrift fraud by 47%, elder abuse by 42%, and health care fraud by 23%. Less than 10% of the full-time offices serving districts with a population under 250,000 prosecuted telemarketing fraud (9%) or police excessive use of force (7%). Computer-related crime prosecuted Over the previous year, 4 out of 10 full-time offices serving districts with a population under 250,000 prosecuted computer-related crime (felony or misdemeanor) under their State's computer statutes. Computer-related crimes were also handled by the relatively small offices. Forty-one percent of full-time offices serving a district with a population between 20,000 and 49,999 reported prosecuting computer-related offenses as did 22% of offices serving a district with a population under 20,000. In terms of specific computer-related crimes, 30% of the offices indicated prosecuting transmitting child pornography crimes; 28% credit card fraud; 23% bank card fraud; and 17% identity theft. Number of cases and convictions Over 890,000 felony cases or 38% of all felony cases nationwide were closed in full-time offices serving districts with a population under 250,000 during the 12 months preceding the survey (not shown in a table). These full-time offices also closed 2.8 million misdemeanor cases during this period. About 903 felony cases were closed per 100,000 residents. Approximately 109 felony cases per assistant prosecutor were closed.***Footnote 3: This estimate was calculated by dividing the total number of felony cases closed by the number of assistant prosecutors including supervisory attorneys. An assumption made in calculating the estimate is that all assistant prosecutors handled felony cases, which may not always be the case.*** Staff from full-time offices serving districts with a population under 250,000 participated in over 28,000 felony jury trials that resulted in a verdict. Half of the full-time offices serving districts with a population under 250,000 closed 288 or more felony cases. In at least half of the offices, 90% or more of felony cases resulted in either a felony or misdemeanor conviction. There was a median of 10 felony jury trial verdicts per office in 2001. The median number of felony cases closed by offices serving a district with a population between 100,000 and 249,999 was 3 times more than the median number of felony cases closed in offices serving a district with a population between 50,000 and 99,999; 6 times more than the median number of felony cases closed in offices serving a district with a population between 20,000 and 49,999, and 16 times the median number of felony cases closed in offices serving a district with a population under 20,000. Juveniles proceeded against in criminal courts Over the 12 months preceding the survey, 7 out of 10 full-time prosecutors' offices serving districts with a population under 250,000 proceeded against juveniles in criminal court. Over 15,000 juvenile cases were handled in criminal court by full-time prosecutors' offices serving districts with a population under 250,000, which represented almost half of the juvenile cases proceeded against in criminal court nationwide in the 12 months preceding the survey. Half of the offices proceeded against 5 or more juvenile cases. About 5% of the offices serving districts with a population under 250,000 reported a specialized unit for handling juvenile cases in criminal court, and 41% reported designated attorneys. Written guidelines about proceeding against juveniles in criminal court were reported by 16% of full-time prosecutors' offices serving districts with a population under 250,000. Work-related threats or assaults against staff Forty-one percent of full-time offices serving districts with a population under 250,000 indicated that a staff member experienced a work-related threat or assault. Overall, a third of full-time prosecutors' offices serving districts with a population under 250,000 reported that the chief prosecutor was threatened or assaulted. Chief prosecutors serving a district with a population between 50,000 and 99,999 had the highest percentage of work-related threats or assaults (37%). Assistant prosecutors were threatened or assaulted in 23% of full-time offices serving districts with a population under 250,000, and staff investigators in 5%. Security measures In general, 4 out of 10 full-time prosecutors' offices serving districts with a population under 250,000 reported they did not use security measures (not shown in a table). Electronic security systems were used by 22% of full-time offices serving districts with a population under 250,000; metal detectors or building guards by 20%; electronic surveillance by 12%; and police protection, by 10%. Two-thirds of offices serving a district with a population under 20,000 reported employing no security measures. The chief prosecutor carried a firearm for personal safety or security in 23% of full-time offices serving districts with a population under 250,000. Twenty percent of offices serving districts with a population under 250,000 reported that an assistant prosecutor carried a firearm for personal safety, and 31% indicated a staff investigator did so. DNA evidence The use of DNA evidence was widespread among full-time offices serving districts with a population under 250,000. During the 12 months before the survey, almost three-fourths of all full-time offices reported use of DNA evidence either during plea negotiations or felony trials. Even 43% of full-time offices serving districts with a population under 20,000 indicated the use of DNA evidence during plea negotiations or felony trials. Overall, full-time offices serving districts with a population under 250,000 used DNA evidence more often in plea negotiations (64%) than during felony trials (51%). A state-operated forensic laboratory performed the DNA analysis for 67% of the full-time offices serving districts with a population under 250,000, a privately operated forensic laboratory for 21%, the FBI for 7%, and a local agency for 2%. The FBI was more likely to perform the DNA analysis for full-time offices serving a district with a population between 100,000 and 249,999 than for their full-time counterparts.***Footnote 4: For more information on DNA laboratories, see BJS report Survey of DNA Crime Laboratories, 2001, NCJ 179104.*** When asked about problems in the use of DNA evidence, a third of the full-time offices serving districts with a population under 250,000 reported at least one instance of excessive delay in getting DNA results from the laboratory. About half of the full-time offices serving a district with a population between 100,000 and 249,999 and from 50,000 to 99,999 reported excessive delays in getting DNA results from the laboratory. Other problems reported with the use of DNA evidence included inconclusive DNA results by 15% of the full-time offices and improper collection of evidence by the police by 6%. Community prosecution Community prosecution has been defined by prosecutors as a way to involve the community to solve crime and coordinate residents, local agencies, and organizations to improve public safety and quality of life.***Footnote 5: For more information on community prosecution see Elaine Nugent and Gerard A. Rainville, "The State of community Prosecution: Results from a National Survey," The Prosecutor, March/ April 2001, pp. 26-33, and the Office of Justice Programs website http://www.ojp.usdoj.gov/prosecution/ commlinks.htm>. During the previous year 68% of full-time offices serving districts with a population under 250,000 used tools other than criminal prosecution to address community problems; 55% involved the community to identify crime and other problem areas; and 16% assigned prosecutors to specific geographic areas. A third of full-time offices serving a district with population between 100,000 and 249,999 and a quarter serving a district with a population between 50,000 and 99,999 assigned prosecutors to specific geographic areas. Almost all of the full-time offices serving districts with a population under 250,000 had a formal or informal relationship with law enforcement agencies. Eighty-seven percent reported a formal or informal relationship with other governmental agencies, 70% community associations, and 61% private organizations. Seven out of ten full-time offices serving districts with a population under 250,000 met regularly with school groups and advocacy groups. Half of the full-time offices reported meeting regularly with youth service organizations and business groups. Twenty-three percent of the offices indicated meeting regularly with religious groups and 6% tenant associations. Assigning prosecutors to handle community-related activities was done by 22% of the full-time offices serving districts with a population under 250,000. ------------------------------------------ Prosecutors' offices with a part-time chief prosecutor, 2001 * In about 23% of the Nation's prosecutors' offices the chief prosecutor occupied a part- time position. These offices served a population of almost 9.5 million, representing about 4% of the total U.S. population. The median population served per office was 9,589. * In 2001 the total workforce in offices with a part-time prosecutor was 2,699, which accounted for 3% of the total employment for all prosecutors' offices in the country. * Forty percent of the staff in offices with a part-time prosecutor worked full time. * Half of the offices with a part-time prosecutor employed 3 or more staff. * A total of 624 assistant prosecutors (including supervisory attorneys) were employed by part-time offices. Eighty- seven percent of these assistants were located in offices serving a district with a population of 10,000 or more. * Offices with a part-time prosecutor had combined budgets for prosecutorial functions totalling over $78 million. The median budget per office was $95,000. * Part-time prosecutors' offices closed over 79,000 felony cases. Nine out of ten of these cases were closed in part-time offices serving a district with a population of 10,000 or more. * Staff from part-time offices were involved in approximately 2,100 jury trials that resulted in a verdict. Half of the offices participated in 2 or more felony jury trials that ended with a verdict. * Nine out of ten part-time offices handled domestic violence cases, eight out of ten child abuse cases, and six out of ten possession of an illegal firearm. * Offices with a part-time prosecutor serving a district with a population under 10,000 were more likely to handle misdemeanor appeals, felony appeals, traffic violations, juvenile matters and represent the government in civil lawsuits than part-time offices serving a district with a population of 10,000 or more. * The median annual salary for part-time chief prosecutors serving a district with a population of 10,000 or more was $47,367 compared to $30,000 for those serving a district with a population under 10,000. ----------------------------------------------- Methodology Respondent selection The 2001 National Survey of Prosecutors (NSP) was a census of the 2,341 chief prosecutors in the United States that handled felony cases in State courts of general jurisdiction. In 2001 there were 2,341 prosecutorial districts in the Nation, each with one chief prosecutor. The prosecutor coordinator office in each State was contacted and asked to provide the names and addresses of all chief prosecutors in their State and the counties that these chief prosecutors served. Data collection The data collection for the 2001 NSP was conducted by the National Opinion Research Center (NORC) through a mailed questionnaire consisting of 35 questions on such topics as staffing, funding, special categories of felony prosecutions, caseload, juvenile matters, work-related threats or assaults, DNA evidence, and community related activities. The 2001 NSP questionnaire is available at the BJS website . In May 2001 NORC mailed the 2001 NSP questionnaire to the 114 prosecutors' offices that served districts with a population of 500,000 or more. The remaining 2,228 prosecutors' offices were sent questionnaires in June 2001. After the initial mailings, NORC engaged in an extensive follow-up to obtain a returned survey from each of the prosecutors' offices. The follow-up process involved phone calls, e-mail communication, re-mailing questionnaires, and sending follow-up letters. Staff of the National District Attorneys Associations as well as the Prosecutor Coordinator Office in each State also assisted NORC in providing follow-up. NORC conducted additional telephone, fax, and email follow-up on completed surveys to obtain responses to unanswered items and to clarify responses to other items. Survey response Overall, 2,243 or 96% of the 2,341 prosecutors' offices nationwide responded to the 2001 NSP. The response rate for full-time offices serving a district with a population under 250,000 was 97%. Data imputations Prior to doing imputations, data on the total budget for prosecutorial functions for 2 of the 56 nonrespondents for this report were retrieved from a secondary source (for example, office web page, telephoning the county budget or treasurer's office) and entered into the data set. Similarly, data on the number of full-time assistant prosecutors and the total number of full-time staff for 2 of the 56 nonrespondents were collected from a secondary source and entered into the data set. Since these data were retrieved from proxy sources other than the prosecutors' offices, they were treated as imputed data. The simple hot deck method, in which a value was copied from a donor case having similar values or related variables, to impute various variables for the 2001 NSP. Initially, the number of full-time chief prosecutors, the number of part-time chief prosecutors, the number of part-time assistant prosecutors, the total number of part-time staff, and the number of various full-time and part-time staff members (for example, investigators, victim advocate, support staff)were imputed for 56 prosecutors' offices; the number of full-time assistant prosecutors and the number of full- time staff for 54 offices; the total budget for prosecutorial function for 83 offices; and the number of felony cases closed for 192 offices. To impute any variable by the hot deck method, the prosecutorial district size was used to sort the completed cases (such as prosecutor office surveys) in descending order. A missing value for each variable was imputed as the value of the variable on the case immediately preceding the case with missing data. For example, a missing value for felony cases closed was imputed as the value of felony cases closed on the case that immediately proceeded the case with missing data. For the 56 prosecutors' offices where the full-time or part-time status of the chief prosecutor was imputed, BJS staff verified this information with the prosecutor coordinator's office in States where the 56 offices were located. ---------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is director. Carol J. DeFrances, wrote this report. At BJS, Gerard Rainville provided statistical review; David Carlis, Dorothea Proctor, and Keonna Feaster assisted in compiling the list of 2,341 chief prosecutors; Keonna Feaster also assisted in data collection. Data collection was performed by the National Opinion Research Center (NORC): Natalie Suter was the project director and Annmarie Rosenlund, the assistant project director. At NORC other project staff included Haider Baig, Angeline Bregianes, Nakia Brown, Lashanda Carter, Valarie Cook, Angela Herrmann, Irv Horowitz, Robert Johnson, Ellen Kaplowitz, Adam Levine, Patricia Mikkelson, Gloria Rauens, Joanna Small, Victoria Sudler, Lakecia Whimper, and Michael Yang. Paula Wulff of the National District Attorneys Association, as well as the Prosecutor Coordinator Office in each State, assisted with data collection. Elaine Nugent from the American Prosecutors Research Institute, James Polley IV from the National District Attorneys Association, and Paula Wulff reviewed the report. Tina Dorsey and Tom Hester produced and edited the report. Jayne Robinson prepared the report for printing. January 2003, NCJ 196020 ---------------------------------------------- End of file 11/25/02 ih