Jefferson Prosecutor-elect Rosekrans may lose chief deputy slot when he takes top spot

PORT TOWNSEND — When Chief Deputy Criminal Prosecutor Scott Rosekrans takes over as Jefferson County Prosecuting Attorney in 2011, his current position is likely to remain vacant for the foreseeable future.

Rosekrans, a Democrat, trounced challenger Paul Richmond, a Port Townsend attorney who stated no party preference, in last week’s election, 9,651 votes, or 62.14 percent, to 5,881 votes, or 37.86 percent, according to Friday’s tally.

The Jefferson County Auditor’s Office plans to count another 350 ballots Wednesday.

Rosekrans was hired by Prosecuting Attorney Juelie Dalzell in 2008, and he decided to run for office when Dalzell chose to retire.

While his successful prosecution of Michael J. Pierce for the murders of Quilcene residents Pat and Janice Yarr may have been a large part of the resume that him got elected, a repeat performance would be difficult, Rosekrans said.

In May, Pierce received the maximum sentence of life in prison for killing Pat and Janice Yarr before burning their home down north of Lake Leland in March 2009.

“During the Pierce case, there were several resources we could draw upon that are no longer available,” Rosekrans said.

One of those resources is Rosekrans’ current position.

During the election campaign, it was assumed he would hire a new chief criminal deputy if he were elected, an option also accorded to Paul Richmond if he had won, since Rosekrans had indicated he would not work for Richmond.

Position in jeopardy

The latest round of budget cuts has thrown the position into jeopardy.

Rosekrans makes $82,005 in his current position and will receive Dalzell’s $123,568 salary, a level set by the state.

But with the latest requirement to cut $18,000 from the prosecutor’s budget — which both Dalzell and Rosekrans said is at rock bottom, already — the salary that can be offered is well below market value.

“If we have to cut $18,000 from my current salary, we won’t be able to get anyone with the right experience,” Rosekrans said.

“The only people we can afford will be right out of school.”

The prosecutor’s office lost one domestic violence-oriented position earlier this year when a grant expired. Rosekrans now is looking for alternative funding.

Once Dalzell retires, Rosekrans will have three deputies: Cheryl Potebnya in District Court, Chris Ashcraft for drug cases and David Alvarez for civil matters.

Ashcraft’s position is funded by a grant that will expire at the end of 2011, Rosekrans said.

Rosekrans will be in charge of all criminal prosecutions and will be required to handle administrative duties, juvenile prosecutions, drug court and Superior Court.

“I don’t see how one person can handle all of that,” Dalzell said. “Some cases won’t get charged.”

Dalzell said all possible cuts already have been made.

“During the past few years, we have operated pretty close to the edge but could still function if someone took a vacation,” Dalzell said. “That is no longer true.”

The office is augmented by part-time appellate lawyer Tom Brotherton, and Dalzell has committed to volunteer “wherever Scott needs me,” specifically for the intermittent coroner duties the job requires.

Rosekrans said several local retired attorneys have called to volunteer, “but some of them are not licensed in Washington, so they can’t really roll up their sleeves and work on cases.”

Choose battles

Rosekrans said he will have to choose some battles.

“If someone is arrested on a 10-year-old warrant and the witness is in Florida, we will not have the money to bring them back to testify,” he said.

“So we will have to look at the cost-effectiveness of everything and might not be charging a case like that.”

Crimes will be prosecuted, he said, but in these critical budget times “the criminals have an edge.”

“I’m not sure exactly how many people I will have working here on Jan. 1,” Rosekrans said.

________

Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.

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