Sonoma County District Attorney Gene Tunney

Sonoma County, a diverse county of over one million acres is famed for its agriculture industry and recreation boasting a booming economy and a unique lifestyle for its citizens described by the same Luther Burbank as the chosen spot of all the earth. Sonoma County is the place

to live, work and play as we move into the 21st century. Led by the forward looking philosophy of its governing bodies. Sonoma County's 340,000 residents are a harmonious, successful blend of ethnic and economic backgrounds. We invite you to take a closer look at Sonoma County in

the nineties with your host, Rich McGlinchey. Hello again everybody welcome to Sonoma County in the nineties on location. We're at chalet at Oakmont in the beautiful Oakmont community chalet at Oakmont is a beautiful restaurant and cocktail lounge right in the heart of Oakmont bob Schreck. The

owner, operator of chalet at Oakmont, invited us to come out and be his guests and to film our program here. We decided that was a good idea. Thank you bob. Thank you so much. Richard bob. It's, it's a pleasure to see you period. I might add

ladies and gentlemen that bob Schreck and I go back about almost 30 years. My wife Ellen and I were at dinner the night bob and his partner opened the Black Forest in and that was quite a long time ago but bob. After a number of years,

successful years. The Black Forest. You came out here. How long have you been here at? This is our 19th year richard and we both matured a lot since. But we got wiser too. You see the pictures of us when you open down there. I don't want

to see him anymore. No, you look very great at that time. And you still do today and welcome everybody to the beautiful chalet Oakmont. The only public place where everybody is welcome and can enjoy the greatest majestic view of the mountains and the golf course and

naturally the best hospitality food and beverages in the county. Oh yes, I can't argue with that. And I've So I've been at their restaurant for many, many times and I can attest to the fact that it's marvelous Bob. You've been out here about 19 years and

this is probably one of the most beautiful settings in Sonoma County. The Oakmont community itself undoubtedly. This is why we have people from all over the world trying to find space here and unfortunately we are nearly built out here. However, our clientele is growing and growing

because word has spread after so many years that we have the best place there is. Yeah. And I also want to thank Gretel, lovely wife for letting you be here with us and for co hosting or inviting us. I should say to be your guests out

here bob. It's really nice to see you again. I want to thank you for, have I want to do our program. Ladies and gentlemen, we've been talking with bob Schreck, the owner operator of chalet at Oakmont and we'll be back in just a moment and we'll

be talking to Gene Tunney, the Sonoma County District Attorney. And jean has a lot of interesting things to tell us because there's a lot of interesting going on in the district attorney field. You can certainly see that. Been reading the paper lately in a moment. We're

back with Gene Tunney. He protects all living things in the forest. We can't do it alone. Don't play with matches put out looking at fires. I never, ever forget the words of Smokey Bear. You can prevent forest fires. How you doing? Everybody. Welcome to Sonoma County

in the nineties on location. We're at chalet at Oakmont in the heart of the Oakmont community. We're on location. We're going to be talking with our guest, Gene Tunney. Gene Tunney is our Sonoma County District Attorney and has been for almost 20 years. Gene has been

a resident of up here of Sonoma County for more than that though because he worked in another division here first before he became associated with the District attorney's office and jean, you lived in the Sonoma Valley for about 2021 years, didn't you? That's true Rich. I

lived in Glen Ellyn until about six months ago. My goodness. And you're now where my wife and I moved out to the coast and we live out in bodega Bay. That's great. Well, Gene and I go back we kid about something. My father and jean's father,

believe it or not. We're friends and we're both boxers in the right after World War One. Yes. And Jean says General Rich, we're getting old. No, we're not. They keep saying we're not getting older. We're getting better. But Jean, you have been the district attorney for

how long? Well, it's almost 19 years. My goodness. It's been 19 years in November of this year. That's five terms. That's five terms. My goodness. Gonna be anymore. I'm not prepared to make an announcement. Don't don't give it away. I'm not prepared to make an announcement.

But you know, it's well, think about I'll make make a decision on that by the end of the year. It will be if you decide to be welcome because you've done a good job in the popular district attorney. There's absolutely no doubt about that. Well, all

I've tried to do is, you know, do the best I can. I mean, sometimes you make don't make everybody happy. But if you're gonna do your job, you can't make everybody happy. Especially as district attorney. Especially in the law. Especially in the law. Gene, everybody knows

that there's a terrible budget crunch from the federal government. The state government certainly counties have been hit hard by it. Are you anticipating any loss of staff next year as a result of Sonoma County's financial crisis. The unfortunate answer is, yes. The only thing is that

we don't know at this time is how much of a loss. Um The county has asked that all departments, including the district attorney and the sheriff and in other words, every department submit a budget that in my case represents about 11% cut over the current year's

budget. We're talking about fiscal years here. So beginning in July one, the new fiscal year begins in July one. And I'm looking at a budget that will be if the board adopts the proposed budget That we have already submitted, it would be an 11% cut, which

will mean we'll lose positions. Obviously. I mean my my budget in my department is almost all people, it's a people thing. We don't have equipment and we don't have, you know, capital assets. We just have people and benefits and salaries. So it means the loss of

roughly three attorney positions to investigator positions and some clerical positions. The trouble is that, you know, we don't at this time know what the final budget will be and and that's not the fault of the supervisors, that's the fault of state. We don't know what the

state budget will be and the budget we've submitted so far is based on what the governor proposed as a state budget back in january of this year. But as everybody knows who's been reading the newspapers that there's a good chance that the governor's proposed budget is,

is uh let's put it this way is inadequate because the actual budget that state, the deficit, the state budgets facing may be much greater. Much greater. So, you know what it boils down to is if, if our This county I think has done a very wise

and professional thing that they've done is unlike some other counties, they haven't said to the department's look, worst case scenario cut 50% cut 40%, that type of thing. They've, they've, they're trying to be cautious and not jump to conclusions. And because the fact is, nobody knows

what the final outcome will be. But quite frankly, you know, we, we could lose. I mean, the county could have to may have to cut more than they're already cutting. And if that happens, I suppose, you know, the supervisors in the final analysis will have to

make a very, very difficult decision. They'll have to decide between county services. In other words, do you maintain the district attorney and cut other departments or you know, they're gonna have to make those decisions really terrible. Gene, there have been a lot of newspaper articles, we

were talking a moment ago, I mentioned in The Chronicle a few weeks ago. Uh, they describing, I believe they were talking about Alameda County, which was, you're familiar, but they said some District Attorney around Attorney's offices around the state are planning to discontinue the prosecution of

some, if not all misdemeanor crimes because of loss of staff to the budget cut. Now, I would say the answer to the question I'm about to ask yes, but is this a possibility in Sonoma County? I hope not. That's the best answer I can get. No.

You know that's true. I mean, the Chronicle ran a story a couple of, yeah, it was actually a few days ago in which they described how some counties, including Alameda, we're facing monstrous cuts in Alameda County. You know, they're talking about up to 40% of the

District Attorney's Office and the actually the county that's already taken action was san Joaquin county, which is stocked and that District Attorney's office, they've already been required to to cut 15 deputy district attorneys from their staff out of 60 which is a quarter of the staff

and the reaction of the district attorney was okay, you, I've had to lose a quarter of my people and I'm I've got to start prioritizing what I do and I am going to cut, I'm going to be forced to stop prosecuting the less serious crimes which

are misdemeanors, I'm going to concentrate on prosecuting the felonies. Now, that kind of decision is one that I suppose if you get down to it, we'd all have to make. I mean, obviously the more serious crimes are the ones that would have to have the top

priority. But we haven't gotten that way. You know, we're not at that stage in this county yet. And I hope we never get there. And right now I have no plans to stop prosecuting misdemeanors. And I certainly hope that, you know, I've never put into that

situation where I'd have to make that decision because frankly, I think that should never happen because I frankly think that the, the board of supervisors in this county and every other county has to give, if they, if it means that they must give some priority to

to law enforcement and prosecutions because, look, you know, we live in the, you know, what is government's main function? I mean, I'd say the basic thing government gives us is it provides us with security in our homes and our property. In other words, personal safety and,

and, and safety of our property. And if you don't have that, then why have a government right? You're living in an anarchy. So I don't think that's likely to happen. I think our board is much too intelligent to, uh, to, you know, to cut the district

attorney's office to that extent. Again, misdemeanors, maybe less serious crimes, but they're the crimes that affect most people. I mean, if you have, you know, we're talking about petty thefts, petty thefts, you're talking about neighborhood disputes, you're talking about your people committing vehicle, you know, violations,

speeding and reckless driving and drunk driving and all that. You know, you can't just say you're not going to prosecute them. And I'm not going to say that we're not gonna do that. I'm sincerely hope you're right in saying you hope not. I'm, I'm hoping you're

right saying, no, we the public don't want you to stop prosecuting those things. And so I hope that the powers that be will recognize that when they are chopping into these budgets, gene planned budget cuts have caused some District Attorney's Office to eliminate their special units.

Now, there were talking about environmental crime or consumer fraud divisions. Now, is it possible that you will have to eliminate those? Yeah, I think that's, you know, is possible. And again, I hope that never happens. But, you know, district Attorney's offices have mandated functions and and

that goes to the prosecution of criminal cases. I mean, we're talking about rapists, murders, robberies, burglaries, you know, that type of thing. And we're mandated to do that. That's a constitutional mandate that we have, unfortunately, or, you know, again, if it comes to the point, you

have to prioritize what you can do, then things that don't, that are not mandated services such as environmental crimes and, and consumer fraud problems are the kinds of things that district attorneys, you know, when it comes down to push and shove, we'll have to cut. I'm

hoping that doesn't happen here for the same reason as I say, I hope we don't have to cut misdemeanors. I think that, uh, and that would be a sort of a last choice thing. But I mean, I, frankly, if it comes down to it, I will

tell you right now, I would cut say consumer fraud before I would eliminate prosecution of misdemeanors. I would environmental crime, I I'd be very reluctant to cut because frankly, they're an environmental crime. You're talking about things that directly affect the public welfare and the public safety.

Again, it's not a crime, but you're talking about, you know, your environment, you're living in and and you know pollution and hazardous waste and spills and this sort of thing and that directly affects public health and safety. So as much as crime, you know what we

think normally as crime crime and I therefore would hope that we would be able to maintain environmental as long as we can. I would hope that you would too jean because environmental crime is a crime against the environment, so to speak. And good Lord knows we

have one environment and it has been besmirched pretty well. And in some cases throughout the country, as we all well know, but the fact that you people were on the ball and we're doing your best to prohibit it if you will or at least punish it

in Sonoma County. But then I could also comment for a moment about consumer fraud and as you say, that may be the lesser priority than misdemeanors. But certainly consumer fraud affects a huge amount of people. And you must get a lot of consumer fraud, consumers were

all containers and you know, if there is in fact fraud, if a business is operating in a fraudulent manner, it affects all of us. It's also unfair to other businesses that are behaving in an honest, you know, in a proper way. It it gives a person,

a businessman who's willing to violate the law is taking an unfair advantage. So we look to that too. It's not just a question of how it impacts other consumers that impacts other businesses. So it is very important and, and you know, it would be a true

tragedy if we ever had to eliminate it. But you know, again, it's not a mandated function and I think most people in the public would rather have us prosecute drunk drivers and robbers and rapists and murderers than consumer. Alright, ladies and gentlemen, we're going to pause

right here for a moment at the station to bring you a public service announcement after which Gene Tony and I will return on this edition of Sonoma County the nineties on location at chalet at Oakmont first this passage, hi, I'm johnny miller. I'm at the Hanna

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back to this edition of Sonoma County in the nineties. On location at chalet at Oakmont. We're talking with our Sonoma County District Attorney Gene Tunney Gene has been our district attorney for almost 19 years. He was elected to the position five times and heaven knows he

might stay with us. I think most of the public would, would like that. But he's not making any comments on that. Uh, we were talking about the fact that there's a terrific budget crunch at the federal level, the state level and especially the state level in

California. And now it is trickled down if you will to the counties, the counties are in fairly dire fiscal straits As a result, the newspapers have been telling us of late that some district attorneys have indicated, Look, if you're going to take a quarter of my

staff, all the lesser crimes, I'm going to have to put aside or not prosecute. And jean says that he hopes that does not happen in Sonoma County, that he feels we've done as good a job as we cannot planning for all this. But we can't be

sure now, jean, one of the things I think that's important here. What about the impact on your office of these budget cuts at the state levels? Such as in the office of the Attorney general, for instance. Yeah. Let me just pick up one of the things

you said. Rich though, I, I think I want to make it clear that to the audience that I am not going to not prosecute misdemeanors who would have to be literally, that the office would have to be terminated. I'm not gonna do that and just make

that clear because no matter how bad the budget is, we may clearly, what would happen is the quality of the prosecution would drop off the more attorneys we lose, the more investigators we lose. And obviously the quality of the prosecution is going to deteriorate, but we're

not gonna stop. Just say we're not gonna prosecute cases. I, I, because that's an invitation to chaos and I'm not going to do that. And so in this county, we will continue to prosecute misdemeanors, as long as as an attorney that can go into court, including

myself. So I wanted to make that clear on the issue of the state. Um, that is another very serious problem because it isn't just the county that's facing budget crises. Obviously it's the state and that is the state agencies and and we are in, we are

work as prosecutors inter relates with many of the state agencies. And the most important one of course is the offices of the attorney general. The the attorney general of California is the leading law enforcement official in the state. And all district attorneys have a very significant

relationship with, with the, with the attorney general's office. And just for example, there there there are many times in every county where for one reason another district attorney because there's a conflict, for instance, somebody, uh, worst case scenario, somebody in the, in the district attorney's office

or some relative of the district attorney has to be prosecuted. It's difficult for the district attorney's office to do that because even if they could do it because it gives appearance of conflict, you know, And, and so what we do in those situations is we call

on the attorney general to come in which they, they have the power to do at our request to come in and prosecute a case. So that's one example, um more importantly, I think is the fact that they, in our county, we're not a large county, we're

not Los Angeles and we don't have hundreds of deputy district attorney. So we prosecute cases at the local level, but on appeal, which would be in federal court or in san Francisco. And the appellate courts, we depend on the attorney general to handle all our appeal,

all our appellate work, all our appeals and and they do it and they do it in a very professional way. But what I'm getting at is this the state budget is impacting the attorney general's office last year, the attorney general's office suffered about a 20% cut

in in total. And they've so they've had to cut back on a lot of things and a lot of the services that they can provide are being affected and and of course they have to prioritize their activities and and you know, their principal thing is for

example, handling appellate work, they handle all the death penalty appeals and those are the kinds of things that you know have the first priority. But there's some other things they do which are extremely important to us at this level in in the county for example here,

right? As we sit here, less than a mile away as the state crime lab at Los will focus and this this crime lab is the place that all all our forensic work, all that is, all the tests, all the analyses of alcohol, in other words, for

instance, when somebody's a drunk driver and they they choose to take a blood test, right, you know, they're asked to take a test, the result, the blood draw that's taken from the time they arrested goes out to the crime lab here and that blood is analyzed

by criminalists. And they are able to determine if in fact there's alcohol in the blood and if so how much without that, we can't put on a drunk driving case, we need that evidence. If a person is arrested with drugs in their possession before we can

charge the drugs because we aren't a chemist and criminalists, we have to send it out the state crime lab to have it analyzed. So we know it is in fact a drug and so forth. Um The difficulty we're facing right now is I just received word

within the last few days late last week, every district attorney in the in the state received word that because of the budget problems that the attorney general is having, that they no longer are going to be able to provide a free service for the police agencies

in this county and for the District attorney's office and it's it's for the state, it's not just our county, but we all got so we were given a fee schedule and from now on beginning july one, which is the new fiscal year supposedly we are going

to be required when I say we, I'm talking about the police agencies in this county, the sheriff's office and the District Attorney's office, we're gonna have to start paying the state a fee every time we have drug analyses done alcohol. Now, some of these things were

charged before, but most of it wasn't. And the result is that suddenly we have a huge fiscal impact that we had never anticipated, never realized was coming. So we're in the middle of desperately trying to figure out what we're going to do and how we're going

to pay for it. And this affects every city, every city police department. We talked about three minutes and I got two or three things I want to ask you. One of them is the family support division. I know that's doesn't has an important job to do.

And that's, that's in your department. I've heard that nearly half the employees in your office are now working in that division. Um, what does the division do briefly and then how do they look? All right. It's what they do is very simple. What they do is

they obtain and enforce court orders. So that absentee parents, noncustodial parents, usually it's the father Uh, is required to pay for the support of any Children that his marriage resulted from his marriage. Uh, even though he may now be, and usually is separated from the mother

or divorced and he may have remarried and he may have a new family, but he still has these Children that have to be supported. And he has a legal obligation under our laws to support those Children until they reach the age of 18. And What makes

it even more important is that many of the custodial parents again, who not always, but well over 90% of them are of the mothers. In some cases it is the father, but mostly it's the mothers have custody of the Children and they're on welfare, they don't

have jobs. And so we, the taxpayers then are providing the support To these Children that the father should be providing. And so the job of the family support unit is to go out and make sure these fathers are paying their legal debts to, you know, so

the rest of us don't have to pay for it. So that's what the family support does. It's required by federal law. And it is in fact, right now, half of my office works in the family support unit. We save the taxpayers of this county somewhere in

the neighborhood of $12 million dollars a year by collecting monies that otherwise may not be paid. It is a very, very major activity. It's increasingly important because one of the few things in government that actually make money for people we see. And besides, it's required by

federal law. So it's, it's a major operation, but what's happening now is the state is increasingly taking over some of the operations of it up to this point in California, the counties in the District attorney's offices have been basically operating the system. There's increasing pressure from

the federal government to have the state become more and more involved and do it on a centralized basis. And the costs of this are unknown at the present time. But they could be great. So that's another problem on the horizon. This budget crunch is really affecting

every aspect of the criminal justice system. It's affecting every aspect of everybody's life that lives in the state and, and I'm afraid the outlook isn't altogether promising over the next several years. It's a pleasure to have Gene tunney on with us because we always get the

answers to the questions we asked. Some of them are not the ones we all want to hear, but they're definitely the ones that are honest. Ladies and gentlemen, I've been talking with gene Tunney. The program in Sonoma County in the nineties were on location at the

chalet at Oakmont. We'll be back with you next week with members of the county government, family or related agency. Until then, my thanks to Gene Tunney and goodbye. Good luck. Good health to each and every one of you.