ORDER N0.29023 RESOLUTION Came to be heard this the 14th day of February 2005 with a motion made by Commissioner Williams seconded by Commissioner Baldwin. The Court unanimously approved by a vote of 4-0-0 the application for Violence Against Women Act grant to hire a special prosecuting attorney to prosecute cases for the County Attorney and 198th and 216th Judicial Districts. With 25% match required from the county. ~ c~ ~ ~.~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Rex Emerson MEETING DATE: Feb. 14, 2005 OFFICE: County Attorney TIME PREFERRED: Eazly SUBJECT: Resolution approving application for Violence Against Women Act grant to hire a special prosecutor to prosecute cases for both County Attorney and 198th and 216th Judicial Districts. (25% Match required from the county) EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Rex Emerson ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter SS l and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Resolution WHEREAS, the Commissioners' Court of Kerr County finds it in the best interest of the citizens of Kerr County that a Special Prosecutor for Violent Crimes Against Women be established for the 2005-2006 year to run from Sept. 1, 2005, to August 31, 2006; and WHEREAS, the Commissioners' Court of Kerr County agrees to provide applicable matching funds for the said project as required by the Violence Against Women Act grant application; and WHEREAS, the Commissioners' Court of Kerr County agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Commissioners' Court of Kerr County assures that the funds will be returned to the Criminal Justice Division in full. WHEREAS, the Commissioners' Court of Kerr County designates County Judge Pat Tinley as the grantee's authorized official. The authorized official, after consultation with Commissioners' Court, is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the Commissioners' Court of Kerr County approves submission of the grant application for the establishment of a Special Prosecutor for Violent Crime Against Women to the Office of the Governor, Criminal Justice Division. Resolution adopted this day of February, 2005. inley, County Judge H.A. "Buster" Baldwin Commissioner Precinct 1 Com~nis~ioner Precinct 3 .. t Liam .Williams Commissioner Precinct 2 Dave Nicholson Commissioner Precinct 4 Presentation information: Violence Against Women Act (VAWA) Grant application to create a special prosecutor in the Kerr County Attorney's Office who will prosecute both misdemeanor family violence and felony assault and sezual assault cases on behalf of Kerr County victims. Last year there were 92 family violence cases filed in county court, plus 23 sezual assaults investigated 6y the Kerrville Police Department and 16 sezual assaults investigated by the Kerr County Sheriff s Department that were fled as felonies in the district courts. Most of the victims in these cases are females. There are also several cases older than 2004 remaining to be adjudicated in the district courts. Both 198th District Attorney Ron Sutton and 216th District Attorney Bruce Curry support the application for the grant and creation of the special prosecutor. Both have signed a cooperative working agreement and letter of support for the project. (Copies in the backup for commissioners) This will create a unique relationship between the county attorney's office and the district attorneys' offices which will benefit all citizens of Kerr County and provide someone who can concentrate on those particalar cases...someone who is trained to prosecute the specialized cases which often take more time in preparation and special training in working with the victims. Hill Country Crisis Council aad Kerr County Juvenile Probation also have steed a cooperative werkiag agreement and support the grant application. Wick the taz freeze for persons 65 and older and persons with disabilities plus the increased cost of other county badget items, iaeludiag the Juvenile Detention Center purchase, we feel it would be a fiscally prudent to apply for :great to fond this program. Tl~e grant rewires a 25 percent matc6...which will be made up of the county's health insurance pry paid for aB cauaty employees plus in-kind contributions for the remainder of the match. We know that there w~ ieE lie as s~ is svaiilsdfle ~ ~AR~A gr as is availe l~ VOCA grants is the eoaatiea serves ~ tie Alm Area Cow a# Gs~ren lit wre w~)~e ~~ CHANCE to get the grant approved if we do not apply. We are asking for your support of tl~ grant app)l~es of tl~e ~n lndbre y~ We will keep you posted oa the progress of floc apps as ~ t~ ~ appreval pry OFFICE OF THE DISTRICT ATTORNEY 216TH JUDICIAL DISTRICT BANDERA, GILLESPIE, KENDALL, KERB COUNTIES E. BRUCE CURRY DISTRICT ATTORNEY February 9, 2005 TO WHOM IT MAY CONCERN: S21 EARL GARRETT STREET KERRVILLE, TERAS 78028 TELEPHONE (830) 896-~7~~ FAx (830) 896-2620 In reference to the VAWA grant application presently pending relating to Kerr County, it is my understanding that a prosecutor would be funded to assist in the prosecution of violent crimes against female victims in Kerr County. It is my understanding that this prosecutor would be authorized to so prosecute in the County Court as well as both District Courts. I believe that this arrangement would be beneficial, from the viewpoint of this office, as this person could concentrate on specifically processing crimes such as sexual assault and indecency with a child. This should be effective in moving these cases through the criminal justice system somewhat more rapidly, although the effectiveness on any one docket might be somewhat diluted because of the multiple courts to be served. Overall, I believe that such a program would be beneficial to all the courts and prosecutors' offices invglved. fr ~. ~: ~" ~ ~~Z L-mil--Z ~ ~ E. Bruce Curry 216"' District Attorney /" FEB-10-2005 09:53 AM R SUTTON DIST ATTORNEY 325 446 4279 P_01 RoNALO ~. surraN t~ffrP of #~P ~Z~#rit# fit#nrtl~t DISTRICT ATTORNEY , ~ P°. BOX ,2s 1 ~~#t~ ~libirittl ~TStri t# JUNCTION, T@XA3 78849 , PhIONE 325.448.2037 CELL 830-739.848, KERB. KIM9LE, MCCULLOCIi MA301V, MENARp COUN7lE9 EAX 325.44E-4278 ds1Q8~Dktc.corn February 10, 2005 To The Ho~naabk Ca~t>rtty Jtt~s and Commissionesrs Court of Kerr County: aMOS L. BaRTON aSBT, DIST. ATTV PO. BOX ~~ 285 KERRYII.LE. Tfi%AS 78029 PHONE 83D•895-4480 FAX 830.257-7580 116~rton®ktn.com Toro BuAnICK oa iRNESTtCATOR 400 CLffARWATER PASEO KERRWLLE, TEXAS 78028 (830) 898.6058 PAGER , •800.337-7481 ,oddba kx.aom My office totaiiy support the oancept of a grant fiu>,ded epoc~ai prosecutor for violence against women and sexual abuse case: fnr Kerc County. These climes require a person with special Ictrovvledge and sla1L The rrumben oFthese camas ane such that a spocisl prosecutor would be abb to speed up itnrestigation and prosecution. Your endoreernent and support of thu appliatior- would be greatly appreaated. A.,~*..y-rfi ~11~u