Deseret News | Attorney is challenging prosecutor's fee system

Reader comments
Attorney is challenging prosecutor's fee system

THEeyepatch | 5:01 p.m. Oct. 29, 2009

I guess you could call that "OVERTIME!"

I predict | 5:08 p.m. Oct. 29, 2009

. . . a short and stormy life for this new, oppressive prosecutorial "policy."

This is standard prosecutorial overreaching, but carried to a dangerous new extreme.

Under this new policy, the state decides to investigate you, decides to charge you, decides to indict you, decides to proceed to trial on you, then bills you to see whatever "evidence" it used to make those decisions.

And our elected legislative and "justice" system officials see no problem with this?

Fortunately, the courts will make short work of overturning this abomination.

Unfortunately, it's certain some number of criminals will be unnecessarily and unjustly freed because of this prosecutorial misconduct.

Supporter | 6:57 p.m. Oct. 29, 2009

While I support Miller generally, this policy is misguided. The users of the system are not the defendants, its the public. The cost of giving a defendant a fair opportunity to defend himself is one we must all bear if we want a fair system, especially if we want fair treatment when we are the one being charged. Save the money by firing
kent morgan instead.

Comments continue below

Citizens rights. | 4:17 a.m. Oct. 30, 2009

This is criminal and interfering with individuals rights to due process. Since when has the prosecutor been concerned about saving taxpayers money? They spend millions on a single case over months and years to gather evidence at taxpayer expense. Then to double charge taxpayers to get the information is an unconstitutional act of interference with justice.

This fee may be acceptable for news media and other disinterested parties, but individuals being charged with a crime and for prosecutors to force payment for information is criminal. This does not serve justice at all and should be grounds for a judge to dismiss any case for interfering with rights.

Laura Miller continues to astound me with her criminal mind and dishonest practices to interfere with our constitutional rights.

bengel | 4:25 a.m. Oct. 30, 2009

I was once a prosecutor. The office where I worked did not charge a thing to disclose the evidence to defense attorneys. We had an open file policy. Defense attorneys could see everything we had. If they wanted copies, they paid a reasonable fee. The operative term in the applicable law is "disclose." We disclosed without a fee. We charged for copies.

What is not clear to me from the article is whether Ms. Miller's office is charging a fee before it will disclose the evidence by allowing a defense attorney to see it, or if is charging the fee for copies. If it's the former, I anticipate the courts will strike it down. If it's the latter, I anticipate the courts will uphold the fee.

Prosecution for profit | 6:57 a.m. Oct. 30, 2009

D.A. Miller told the Salt Lake County Council that her office planned to turn a profit through charging the fees.

Prosecution for profit threatens all who want to live in a free and orderly society.

Use the available technology! | 7:49 a.m. Oct. 30, 2009

Put the evidence on a server and allow the defense attorney access to that case's evidence. Then if he/she wants to print it off, he/she can at his own expense. Besides not having printing and mailing costs, you don't have the employee costs of production.

I like "Supporter"'s idea of saving money by firing Kent Morgan. His salary can then be used to teach the Career Service Council, in 3rd District Court, that they overstepped in this last ruling.

When does it end | 8:03 a.m. Oct. 30, 2009

Lohra Miller has wasted money taking cases to court that even the jury said it was a waste of money. She fired Kent Morgan then she waste money trying to prove the firing was justified even when the city panel board said the firing was not justified. Now she charges fees for a profit. Waste the PEOPLES money then charge the PEOPLE more money so you can keep on wasting it. When does it stop?

Cosmo | 8:04 a.m. Oct. 30, 2009

There is a lot of money to be made in the"Prosecution for Profit" scam! I wonder how much of a percentage of the kick back, the D.A. ia getting, along with certain judges. You do know that the judges are in on this also!

Prosecution for Profit | 8:15 a.m. Oct. 30, 2009

Is a liar. Never said - nope - not once.

Put it on a poster | 8:28 a.m. Oct. 30, 2009

Unethical Behavior will be Lohra Miller's new slogan when she runs for DA next year.

Whiggy | 8:34 a.m. Oct. 30, 2009

Every prior comment for this article is dead wrong. Criminals who are not indigent are currently required to hire their own attorneys. An additional $25 on top of attorney's fees is absolutely nothing! Why should the taxpayers be stuck with this bill for criminals who are already costing us tremendous amounts of money by stealing from us, damaging our property, and injuring our persons? Miller never claimed that she was starting this program for profit. She only stated that she is following the lead of several other Utah counties in an effort to save taxpayer dollars.

daniel lindsey | 8:55 a.m. Oct. 30, 2009

WHEN THE GOVERNMENT ATTEMPTS TO TAKE ITS CITIZENS LIBERTY AWAY, THEY SHOULD NOT CHARGE MONEY TO THOSE CITIZENS TO DO SO, OR TO SEE THE EVIDENCE AGAINST THEM. PEOPLE IN THIS COMMUNITY HAVE SUFFERED EXTREME PERSECUTION AT THE HANDS OF ITS GOVERNMENT IN THE PAST. E.g., GOVERNOR BOGGS AND THE LENGTHY HISTORY OF FALSE CHARGES AND MURDER AGAINST ITS CITIZENS AND MEMBERS. HOW SHORT OUR MEMORIES ARE!

Can we vote now | 8:56 a.m. Oct. 30, 2009

The quote: “You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time.” We have seen what Lohra Miller is all about and now we will not be fooled when we vote for a new DA. Vote her out!!

Kudos to Miller | 9:02 a.m. Oct. 30, 2009

Finally somebody wants to save the law-abiding taxpayer some money!

The same people complaining about a government agency saving money are probably the same people wanting mandatory healthcare!

To Whiggy | 9:13 a.m. Oct. 30, 2009

Innocent Until Proven Guilty!
Miller's fee schedule includes charging $25 for an initial discovery packet, $0.25 per page for supplemental material, $1 per photograph and $20 per videotape.
Lohra Miller's Quote.
"We have projected we will be in the black."
Other counties charge a Flat Fee.
With Lohra Miller history you need to look at everything she does with scepticism.

HTT | 9:26 a.m. Oct. 30, 2009

David James Bell was acquitted of kidnapping charges. As the jury said this trail was a waste of money.
100,000 Dollar Trial
25.00 Dollar Schedule Fee
99,975 Dollar WASTE

To Whiggy | 9:34 a.m. Oct. 30, 2009

25.00 is nothing. Taking cases to court that should have never gone and continue fighting an ill advised firing is waht you call wasting money. Ego seems the major factor in Lohra Miller decisions not the DA budget.

Anonymous | 10:32 a.m. Oct. 30, 2009

Utah as as good of record being upheld in the courts as George W. Bush. When, I read about the DA's fees I knew she would end up in court. Who elected this person? She must have been the dregs of the barrel in law school.

Robert S. | 11:03 a.m. Oct. 30, 2009

This attorney doesn't have enough legal work to keep himself busy.

Taxpayers | 11:19 a.m. Oct. 30, 2009

The excuse for this profiteering is "to save the taxpayers money."

Assuming most of the people she prosecutes either work or have worked at some time in the past, or buy anything, or use any service whatsoever that a tax is levied on...

...is a taxpayer, and therefore have already paid for the evidence.

Get Bent, Ms. Miller.

Pagan | 11:40 a.m. Oct. 30, 2009

This is disgusting.

The city decides to press charges against you. (Or not, as the record with D.A. Lohra Miller)

You pay $100,000 to prove you are innocent.

You then pay the DA for the 'privaledege' of trying to prove your innocent, another 'X' amount of money.

The DA, Lohra Miller, needs to go. Vote her out!

Pagan | 2:16 p.m. Oct. 30, 2009

So, to review. You are accused of committing a crime. You pay a defense lawyer $100,000 to prove you are innocent.

Now you have to pay the very people who were trying to prove your guilt more money.

I wouldn't even mind if it was ONE flat fee. $25, etc. But to pay for every photo? Every video? If your case last's years, your looking at a very steep fine.

On top of your cost to clear your name.

This is insult to injury and will make many file for bankruptcy after trying to prove innocence.

The DA, Lohra Miller is a fool if she thinks this is part of 'due process.'

Mike Ridgway | 12:52 a.m. Oct. 31, 2009

Bad policy.

I was charged with five different crimes of which I was innocent thanks to Republican hacks such as Enid Greene and Senator Curt Bramble who lied to the police to have me arrested. On three of the charges, I was held in jail for five days. But on review by the prosecutors, four of the five charges were dropped. A fifth charge went all the way to a trial that lasted for more than six hours where I was found innocent.

It would have been completely unjust for me to have to pay to get copies of all of the perjured affidavits of people like Enid Greene, Land Reay and Daniel Thatcher. But that's just where we are now.

Were all of this to happen to me again, not only would I have to pay for the documents that actually exonerated me, but I would also, thanks to Sheriff Jim Winder's new policies, have had to pay out of pocket for the privilege of staying in the Salt Lake County jail.

Fining those who are presumed innocent BEFORE they are proven guilty is a mockery of justice. Democrat Winder and Republican Miller should be ashamed.

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