The city of Beaver Dam had hoped it wouldn't come to this.
City attorney Maryann Schacht and the Beaver Dam Police Department would have preferred the Dodge County District Attorney continue to prosecute non-criminal drug offenses, such as possession of marijuana and hashish.
But the Dodge County District Attorney's office told local law enforcement last August that it would no longer prosecute first-time adult drug offenders and stand-alone offenses involving marijuana, ******* and prescription drugs.
City officials felt they had no other choice, so on Monday, the Beaver Dam City Council passed a pair of resolutions allowing the municipal court to prosecute non-criminal marijuana offenses. References to ******* and prescription drug offenses were removed from the original ordinance since they are covered by state criminal statutes and not eligible for municipal court consideration.
"The reason we determined it was necessary was because the district attorney's office of Dodge County said it was not able to prosecute these offenses because of workload and furloughs," Schacht said. "We need to have the city residents know we are serious about these violations. Now we have an ordinance that we didn't have before which will give us a better opportunity to prosecute offenders to the fullest."
In addition to allowing the municipal court to handle offenses related to marijuana and hashish, a second ordinance raises the potential penalties faced by offenders.
A first offense could result in a fine as high as $1,000, with $2,000 and $4,000 fines possible for second and subsequent offenses, respectively. Municipal Court Judge Ken Peters has said on numerous occasions that it is his intent to levy these maximum fines against drug offenders.
"I feel I have to send a message out, particularly to the younger crowd, that this will not be tolerated," Peters said. "I feel that in order to have an effect, there needs to be a substantial forfeiture, and I won't have second thoughts about handing them down. The ultimate goal is to keep young people off these drugs. And if the district attorney isn't going to handle these cases, we felt we needed to make a move and send a strong message."
The city doesn't intend to stop there.
In June Schacht will be introducing a resolution asking the state legislature to provide municipalities with the authority to prosecute ******* and other drug violations which are now criminal. Currently municipal courts are unable to handle criminal actions.
The city's strong feelings regarding the district attorney's August decision can be found in two sections of the resolution.
"Whereas, since April 2010, the Dodge County District Attorney has refused to perform his sworn duty to uphold the law and prosecute these criminal offenses... and whereas this absence of duty by the Dodge County District Attorney is putting at risk the health, well-being and safety of law-abiding citizens of our community."
Police officers have also expressed their frustrations with the growing problem of prescription drug abuse and the lack of prosecution at the circuit court level. Several officers spoke to the administrative committee during recent meetings asking alderpersons for assistance.
"Basically, the resolution tells the DA's office that they have a duty and a responsibility," Schacht said. "If they're not going to do it, we need to have the authority to do it. We need the legislature to change some laws since the county isn't handling it."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Beaver Dam Daily Citizen
Author: DAN BAULCH
Contact: Beaver Dam Daily Citizen
Copyright: 2010, Wiscnews.com
Website:
City to take on marijuana offenses
City attorney Maryann Schacht and the Beaver Dam Police Department would have preferred the Dodge County District Attorney continue to prosecute non-criminal drug offenses, such as possession of marijuana and hashish.
But the Dodge County District Attorney's office told local law enforcement last August that it would no longer prosecute first-time adult drug offenders and stand-alone offenses involving marijuana, ******* and prescription drugs.
City officials felt they had no other choice, so on Monday, the Beaver Dam City Council passed a pair of resolutions allowing the municipal court to prosecute non-criminal marijuana offenses. References to ******* and prescription drug offenses were removed from the original ordinance since they are covered by state criminal statutes and not eligible for municipal court consideration.
"The reason we determined it was necessary was because the district attorney's office of Dodge County said it was not able to prosecute these offenses because of workload and furloughs," Schacht said. "We need to have the city residents know we are serious about these violations. Now we have an ordinance that we didn't have before which will give us a better opportunity to prosecute offenders to the fullest."
In addition to allowing the municipal court to handle offenses related to marijuana and hashish, a second ordinance raises the potential penalties faced by offenders.
A first offense could result in a fine as high as $1,000, with $2,000 and $4,000 fines possible for second and subsequent offenses, respectively. Municipal Court Judge Ken Peters has said on numerous occasions that it is his intent to levy these maximum fines against drug offenders.
"I feel I have to send a message out, particularly to the younger crowd, that this will not be tolerated," Peters said. "I feel that in order to have an effect, there needs to be a substantial forfeiture, and I won't have second thoughts about handing them down. The ultimate goal is to keep young people off these drugs. And if the district attorney isn't going to handle these cases, we felt we needed to make a move and send a strong message."
The city doesn't intend to stop there.
In June Schacht will be introducing a resolution asking the state legislature to provide municipalities with the authority to prosecute ******* and other drug violations which are now criminal. Currently municipal courts are unable to handle criminal actions.
The city's strong feelings regarding the district attorney's August decision can be found in two sections of the resolution.
"Whereas, since April 2010, the Dodge County District Attorney has refused to perform his sworn duty to uphold the law and prosecute these criminal offenses... and whereas this absence of duty by the Dodge County District Attorney is putting at risk the health, well-being and safety of law-abiding citizens of our community."
Police officers have also expressed their frustrations with the growing problem of prescription drug abuse and the lack of prosecution at the circuit court level. Several officers spoke to the administrative committee during recent meetings asking alderpersons for assistance.
"Basically, the resolution tells the DA's office that they have a duty and a responsibility," Schacht said. "If they're not going to do it, we need to have the authority to do it. We need the legislature to change some laws since the county isn't handling it."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Beaver Dam Daily Citizen
Author: DAN BAULCH
Contact: Beaver Dam Daily Citizen
Copyright: 2010, Wiscnews.com
Website:
City to take on marijuana offenses
