STATE ATTORNEYS IN SOUTHWEST BORDER STATES ANGRY OVER FEDERAL CASELOAD Three months after Congress promised $12 million in funding to federal prosecutors in the Southwest US who threatened to quit unless provided with additional funds to deal with their rising caseload, the money has not arrived and prosecutors are again threatening to walk out. The rising caseload is caused by increasing federal prosecutions of drug smugglers and illegal immigrants. The federal system is so overloaded that many cases are shunted down to the state level.
When state attorneys began to argue over how the emergency funding would be allocated, disbursement of the funds was held up. Congress says the Justice Department is responsible for the delay, while the Justice Department blames Congress. Regardless of the source of the delay, many state prosecutors say that after October 1, 2000, they will no longer accept federal cases.
When Congress allocated the funds, it was limited to defraying “court costs, courtroom technology, the building of holding spaces, administrative expenses and indigent defense.” The state attorneys say this limitation makes the additional funds almost useless, because it was the high cost of prosecutions and jail that led them to seek the funds, costs that are not including in the funding language.
The Justice Department says that this limiting language prevents it from paying for the costs of jail and prosecution. Senator Kay Bailey Hutchison (R-TX) blames the Justice Department for interpreting the language too narrowly. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
