Wednesday, September 5, 2012

MORE DRAMA IN ASTORIA DUII CASES



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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