SCOTT COUNTY NEEDS TO LOOK AT PROSECUTION

Disorganization in the Scott County prosecutor's office has spelled havoc in dozens of court cases in recent months. Missed court appearances or mistakes by the prosecution have cost taxpayers needless dollars and slowed the wheels of justice in Scott County.

It is easy to point the finger of blame at Prosecutor Cristy Baker-Neel. Ultimately, it is her responsibility to make sure court appearances are kept and that cases progress in a timely fashion. But the sheer number of cases filed in Scott County intensifies problems in her office.

A simple comparison of caseloads reveals a genuine lack of manpower. Nearly 3,900 cases were filed in Scott County last year. As a third-class county, state statutes limit the prosecutor to a part-time position. Baker-Neel also has one part-time assistant. In contrast, about 4,950 cases were filed in neighboring Cape Girardeau County, a second-class county with a full-time prosecutor and three full-time assistants.

But that is no excuse for missed court appearances in which judges weren't notified. In late November, Associate Circuit Judge David Mann dismissed 15 or 20 traffic cases after repeatedly warning prosecutors about late court appearances. On Dec. 22, Circuit Judge Anthony Heckemeyer continued 18 cases when no prosecutor appeared. In both instances, Baker-Neel was in another county prosecuting cases.

In response, Baker-Neel fired her assistant and a clerk. But a few days later, she again failed to show up for court or notify Judge Heckemeyer. In a strange twist of circumstances, her fired assistant showed up and handled all but three of 20 cases before Baker-Neel appeared in court.

There are other problems as well, including a 1993 drug case dismissed because the county failed to proceed in a timely manner and a murder mistrial caused by what the prosecution termed a clerical error.

Scott County should resolve this mess before it becomes any worse. A chronic backlog of cases and senseless errors hurt not only the prosecutor's office, but law enforcement in general. When officers arrest a suspect, they deserve the confidence that the case will proceed in a timely and efficient manner.

The Scott County Commission should give serious consideration to hiring an additional assistant prosecutor to handle the caseload. In the past, a third-class county was limited to one assistant, but the statute changed in 1993. The county should also consider elevating at least one assistant position to full time.

The current caseload is hardly part-time. And it leaves little time for training. A number of seminars are available for prosecuting attorney staff members, including sessions on improved office management.

Presiding Commissioner Bob Kielhofner says county government hasn't been approached about more help for the prosecutor's office, but he said the commissioners would consider. Baker-Neel or Presiding Circuit Judge Tony Heckemeyer should approach the commission as soon as possible.

The county's hands are tied as far as making the prosecutor's position full-time. It can only be expanded to full-time if the county achieves second-class status, and the assessed valuation remains about $100,000 short of the necessary level of $350,000 for five years. But Scott County is an unusual third-class county in that it includes much of Sikeston. Many third-class counties are much smaller.

While Baker-Neel's pay is set by statutes, the county can determine assistant prosecutor pay. All the salaries are paid by the county. The salaries should be high enough to keep qualified young lawyers for at least a few years. Cape Girardeau County pays its full-time assistants $24,400, with the first assistant earning $27,400.

Baker-Neel isn't new to the job. She was appointed two years ago when Prosecutor David Dolan was elected associate circuit judge. She was handily re-elected in August to her first full term, defeating two primary challengers.

Scott County should move with haste to address the issue of staffing in the prosecutor's office. If the problems continue, the county commission and circuit court judges deserve a good explanation from the prosecutor's office. As an elected official, Baker-Neel remains accountable.