The long running tug of war
over whether the Astoria municipal court, or Clatsop District Court has
jurisdiction over Astoria DUII cases, displayed more drama at last night’s
Astoria City Council meeting when Astoria Mayor Willis Van Dusen asked City
Attorney Blair Henningsgaard to react to statements printed in a Daily Astorian
editorial on Tuesday.
Mayor Willis Van Dusen: “It says here that Judge
Albin Norblad, this in tonight’s paper, has ruled that the District Attorney has
jurisdiction over all drunk driving cases cited within Astoria city limits. Is this accurate?
City Attorney Blair Henningsgaard: “No, that’s
a false statement. Actually what the judge
ruled, I can actually read it from the judgement, is the judge ruled that under
4S221 point 399 which is an Oregon statute, that the Astoria Municipal Court
has concurrent jurisdiction, and that means the same type of jurisdiction, with
the Clatsop County Circuit Court over misdemeanors tryable in the municipal
court, including misdemeanor charges of driving under the influence of
intoxicants.”
Earlier this year, Circuit
Court Judge Albin Norblad issued the opinion that quote: “the District Attorney
controls and directs prosecutions of DUIIs in all courts in his county, and in
this case, the City of Astoria.” close quote.
The mechanics of which court
the cases will be cited into raises more questions of ultimate costs to
taxpayers. Henningsgaard has said he
will now send all criminal cases to the District Attorney’s office. :46
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