Prosecution Division
Phil Carruthers, Director
Kathryn Richtman, Assistant Director, Juvenile Crime Unit
Clayton Robinson, Jr., Assistant Director, Charging and Trials
Charles Balck, Assistant Director, Special Crimes and Investigations
Overview
The Ramsey County Attorney's Office is responsible for prosecuting all adult felonies and all juvenile cases in Ramsey County. Unique among metropolitan area county attorneys' offices, the Ramsey County Attorney has combined all prosecution functions into one division, under one division director. This organization allows greater coordination within the office and with law enforcement agencies outside the office.
This division is divided into four main sections:
Juvenile Crime
Charging and Trials
Special Crimes and Investigations
Appeals
Juvenile Crime
The primary duty of the Juvenile Crime Unit is to prosecute juvenile offenders (children aged 10-18) who do not qualify for pre-court diversion. In addition to public safety concerns, the prosecutor must consider the particular needs of the juvenile. The Juvenile Crime Unit handles juvenile cases ranging from petty offenses (e.g., tobacco and alcohol) to murder in the first degree.
As part of the charging process, the prosecutor must also decide whether to file motions to certify a child to stand trial as an adult or designate the child an Extended Jurisdiction Juvenile (EJJ). These decisions are based on the severity of the offense as well as the child's age, prior offense and programming history. Certification cases are retained in the Juvenile Crime Unit through trial and sentencing.
In addition to the delinquency caseload, the Juvenile Crime Unit also handles two types of Children in Need of Protection and Services (CHIPS) cases: truants and runaways.
Truancy Intervention Program (TIP)
The Truancy Intervention Program (TIP) was initiated by Ramsey County Attorney Susan Gaertner in 1995. TIP is an early-intervention program designed to improve the attendance of students 6 to 17 years old. All five Ramsey County school districts have actively participated in the Truancy Intervention Program from its inception.
In 1999, the Ramsey County Attorney's Office expanded TIP to serve children in grades kindergarten through six. Called Family TIP (FTIP), this program places a special emphasis on children whose older siblings have been referred to TIP.
TIP is a three-step process involving progressively intrusive interventions to compel students and their parents to address the truancy/attendance problem in a positive manner. Students with as few as three unexcused absences may be referred to TIP. The student's family is sent a letter informing them of the attendance problem and requiring them to attend a large group meeting where an assistant county attorney discusses the legal, social and individual ramifications of continued poor attendance.
If school attendance does not improve after the initial intervention, the student and parents are required to attend a School Attendance Review Team (SART) hearing. At this hearing a school attendance contract is negotiated with the students and the parents. If attendance fails to improve following the SART hearing, a truancy petition is filed in Ramsey County Juvenile Court and an expedited hearing is scheduled.
Since TIP's inception, more than 21,000 students have been served. In the past school year, 72 percent of the students in the program improved their attendance.
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The attorneys in the Charging and Trial Section of the Prosecution Division handle most of the adult level prosecutions. These cases include child abuse, sexual assault, theft, robbery, burglary and murder.
Charging Unit
The attorneys in the Charging Unit are responsible for screening cases presented by police investigators. They decide what statutes were violated and prepare the criminal complaint charging a defendant with a specific crime.
Calendar Unit
Once a criminal defendant has been charged with a complaint, the defendant must appear in court. At the first appearance defendants are served with a copy of the complaint, bail is set and a defense attorney is appointed if the defendant cannot afford one. An assistant county attorney appears of behalf of the Ramsey County Attorney's Office at these hearings.
Trials Unit
The attorneys in the Trials Unit handle a variety of cases from thefts to homicides. The trial attorneys are assigned the case about two weeks after the defendant's Omnibus Hearing, where the judge decides that sufficient evidence exists to warrant a trial. The attorneys in the unit will prepare the cases for trial, attempt to obtain a guilty plea, and if not, try criminal cases to a judge or jury.
Drug Unit
The Drug Prosecution Unit specializes in prosecuting violations of controlled substance laws. This unit handles nearly all of the most serious drug prosecutions, ensuring that they receive appropriately focused attention from experienced prosecutors.
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Special Crimes and Investigations
Responsible for white-collar crime, welfare fraud, career criminals, gangs and guns, child abuse, and the Grand Jury, this section's cases often involve coordination with the investigation from the earliest stages. A high priority of this administration has been gun violations.
White-Collar Crime
An assistant county attorney is assigned to prosecute complex economic offenses, or "white-collar crimes." The same prosecutor is also responsible for arson cases. Cases in these categories often present unique investigative and evidentiary problems. Assignment of a single prosecutor helps to ensure that white-collar offenses receive the attention they deserve from the criminal justice system. Although local police and sheriff's departments do most of the investigation in white-collar cases, the County Attorney's own fraud investigators frequently become involved in more difficult cases, when follow-up investigation is required for successful prosecution.
Welfare Fraud
The Welfare Fraud Unit conducts investigations of fraud and abuse of public assistance programs. The unit has a contract with the Ramsey County Human Services Department to provide both criminal fraud and fraud prevention investigations. Criminal fraud investigations result in cases charged and prosecuted by the legal staff in the County Attorney's Office. Fraud prevention investigations provide eligibility information to the Human Services Department, which can result in the termination of benefits for persons not eligible for those programs. The investigative unit also provides the basis for the recovery of funds expended due to fraud and abuse. A portion of the funds recovered is returned to the county as an incentive.
Gangs and Guns
The Gangs and Guns Prosecution Unit is a specialized prosecution group within the Prosecution Division. The unit serves three primary functions - to prosecute gang crimes under the gang crimes statute, to prosecute selected cases involving violent gun crimes, and to prosecute individuals with lengthy criminal backgrounds.
The Ramsey County Attorney's Office has designated an assistant county attorney to prosecute "career criminals" since 1988. While other lawyers in the Prosecution Division prosecute particular types of crimes, the lawyer assigned to the Career Criminal Unit prosecutes particular people. The Ramsey County Attorney's Office, working with local law enforcement agencies, has developed a list of over 300 people who represent a particular danger to the citizens of Ramsey County, either because of the type or number of crimes they commit. Almost all of the defendants on the Career Criminal list qualify for enhanced sentences and are subject to lengthy sentences upon conviction.
Child Abuse
The Child Abuse Prosecution Unit prosecutes all crimes of abuse or neglect against children. The attorneys review the cases for charging, handle cases to guilty plea or trial, and work with local law enforcement and social services to improve the county's response to child abuse issues.
Grand Jury
The Grand Jury is an independent body of the District Court made up of citizens selected at random in the county. Its primary purpose is to hear evidence and determine whether there is probable cause to believe a crime has been committed. Usually only the most serious crimes, such as homicides, are presented to the Grand Jury. The County Attorney is the legal advisor to the Grand Jury. The duties include deciding which cases should be presented, drafting indictments or charges and answering any questions members of the Grand Jury might have.
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Appeals
After defendants are found guilty, they often appeal their convictions. The attorneys in the Appeals Unit handle all appeals and post-conviction hearings in juvenile and criminal cases. This involves reviewing transcripts, researching the law, filing briefs and orally arguing cases before the appellate court judges. The attorneys appear in the Minnesota District Court, Court of Appeals and Supreme Court; and the United States District Court, Eighth Circuit Court of Appeals and United States Supreme Court.
