2012 CP P(D) Digital Dossier: Chandra, Subodh

2012 Digital Dossier: Chandra, Subodh Name:  Subodh Chandra Date of Birth and Age on Election Day:   44 (primary)/45 (general) Political Party Affiliation:  Democrat Campaign Address: Chandra for Prosecutor, 1265 West 6th Street, Suite 400, Cleveland, OH 44113  (www.chandraforprosecutor.com) Campaign Officers/Participants: Don McTigue, treasurer Campaign Endorsements/Affiliations: “Imperial Women, the Women's Federation, the Greater Cleveland Immigrant Support Network, the People's Forum, People for the Imperial Act, the Joaquin Hicks Real People's Movement, top affiliates in their individual capacity that are members of groups such as Occupy Cleveland, the Committee for a Renewed African-American Museum of Cleveland, the Carl Stokes Brigade, Black on Black Crime Inc., and the Cleveland Chapter of the New Black Panther Party, and a host of other grassroots participants.” Source:  The Kathy Wray Coleman News Blog, cited to by Chandraforprosecutor.com news release. www.kathywraycolemanonlinenewsblog.com(Kathy Coleman) and Cleveland Urban News.Com (www.clevelandurbannews.com) County Councilman Julian RogersCounty Councilman Dale MillerHome Address:   2275 Chestnut Hills Drive, Cleveland 44106 Source: http://fiscalofficer.cuyahogacounty.us/AuditorApps/real-property/REPI/General.asp Spouse/Significant Other:   Meena Morey Chandra, a civil-rights attorney. (www.chandraforprosecutor.com) Children:   Three children (triplets – second graders) Source: http://www.chandralaw.com Educational History:  J.D., The Yale Law School; Executive Editor, Yale Law & Policy Review (1994) A.B., Stanford University with honors and distinction (1989); elected to Phi Beta Kappa, junior year Source: http://www.chandralaw.com Professional Background: Date first admitted to bar:  admitted to New Mexico  (state bar does not provide date of admission or other detailed info) 3/26/1997 – admitted to the State Bar of California 5/11/1998  - admitted in Ohio Source: http://www.sconet.state.oh.us/AttySvcs/AttyReg/Public_AttorneyDetails.asp?ID=0069233 http://members.calbar.ca.gov/fal/Member/Detail/187739  States of admittance:  Ohio, California (inactive), New Mexico (inactive) Disciplinary history:   No discipline on file with Supreme Court of Ohio or California Source: (http://www.sconet.state.oh.us/AttySvcs/AttyReg/Public_AttorneyDiscTrans.asp); http://members.calbar.ca.gov/fal/Member/Detail/187739 Legal Experience:   Currently:  Principal, The Chandra Law Firm LLC 1265 W. 6th St, Ste. 400 Cleveland, OH 44113 www.chandraforprosecutor.com; (http://www.sconet.state.oh.us/AttySvcs/AttyReg/Public_AttorneyDetails.asp?ID=0069233) Principal of The Chandra Law Firm, LLC (2005-present) Distinguished Practitioner in Residence and Adjunct Professor, Case Western Reserve University School of Law; taught legal ethics and appellate practice (2005) Director of Law and Prosecuting Attorney, City of Cleveland (2002-05) Assistant U.S. Attorney, Economic Crimes Unit, U.S. Attorney’s Office for the Northern District of Ohio, U.S. Department of Justice (1999-02) Large-firm litigator in Los Angeles and Cleveland (1996-99) Special presidential counsel, American Bar Association (1994-95) John Gardner Public Service Fellow, Haas Center for Public Service, Stanford University (1989-90) Source: http://www.chandralaw.com  Other Employment History:  none found  Social/Civic/Club Affiliations: Chair and former vice-chair of Cleveland Metro. Bar Association’s Judicial Selection Committee; former co-chair of Diversity Action Committee, former Board of Trustees member. Ohio Chapter President. International Network of Boutique Law Firms Regional Asian-American Finance Chair, National Asian Pacific Advisory Council, and delegate to Democratic National Convention, Obama for America Source: http://www.chandralaw.com Criminal Record:  none found Civil Litigation:  none (other than being named due to position as law director) Bankruptcies: none found Ethical Issues:  none found Prior Campaigns:   May, 2006 – Ohio Attorney General.  Lost in Democratic Primary (by 28.63%)  source: http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=97225  Prior Elected Offices:  None Subodh Chandra Responses to Questionnaire Please note that Mr. Chandra's responses refer to several attachments.  Until we are able to post those attachments on this space, you may obtain them by sending an e-mail to tclogc@gmail.com.  I.          Integrity Have you ever held a position, public or private, where you were required to report gifts made to you or expenditures made on your behalf?  If so, when and where?  I do not believe that I have held a position that required me to report gifts or expenditures made on my behalf. I do not believe in public officials accepting gifts. As Cleveland Law Director, I refused various offers that were made, including loge tickets and extravagant meals, and I paid for all meals myself. This sometimes upset people who were used to doing business with public officials differently.  My practice was the practice at the U.S. Department of Justice when I was a federal prosecutor, and it is a practice I will institute as Prosecutor for myself and all Prosecutor’s Office personnel. There is no such thing as a “free” lunch. (See attached article on Cleveland Law Department reforms.)  Has a complaint ever been filed against you, or any campaign committee acting on your behalf, in the Ohio Elections Commission, or Federal Elections Commission?  No.   What is the current balance in your campaign account? How much have you spent on your campaign?  Please identify the five individuals who have contributed the most to your campaign.   Current Balance: Will report the amount the day we submit the form…   Money Spent by campaign committee (not me personally): $55,959.97   Top contributors: Professor Mark Lemley ($5,000); Margaret Wong ($5,000); Robert George ($5,000); Donald Screen ($3,000); W. Craig Bashein ($2,500), Christopher Celeste ($2,500), and Robert Kennedy ($2,500)   Have charges of professional misconduct been filed against you, including, if you have formerly served as a prosecutor, charges of prosecutorial misconduct?  If so, please explain the relevant circumstances.   The question is unclear as to the meaning of “charges.” I have never had any official authority file any charges of professional misconduct against me. I have never faced charges of prosecutorial misconduct.   I have been the subject of two or three bar complaints by various individuals, all of which were dismissed without further investigation—at least one was in connection with my capacity as law director and filed by a former employee who was unhappy that our office pursued conflict-of-interest disqualification proceedings against him and sought to deny him legal fees for a case he filed against the city that was substantially related to a matter he had handled as a public official. Again, that matter was dismissed without investigation.   Because my practice involves and has involved high-profile matters that involve great emotional and political content, I have come to expect that some individuals will use such charges tactically.   In the last ten years, have you been a party to any civil lawsuit?  If yes, please provide the case name and nature of the suit.   To my knowledge and recollection, in the last ten years, I have not been a party to any civil lawsuit in my personal capacity. The nature of the law directorship was such that suits would be filed against me in my official capacity. In official-capacity suits, the name of the office successor is supposed to be substituted when the office changes hands, but that does not always happen. So some official-capacity suits with my name on them likely continued into the last ten years.   Have you ever been convicted of a crime, other than a minor misdemeanor?  If yes, please provide the year and jurisdiction of the conviction.   No. II.         Transparency -- This section involves more nuanced answers.  What steps do you believe can be taken at the county level to make access to public records easier?   The Prosecutor, the Executive, and the Council need to have an absolute personal commitment to timely public-records production. Production cannot be an afterthought, where requests fall into a black hole. I have records requests that have been pending to the City of Cleveland through the Cleveland Law Department that have been pending for ten months—just for one or two files. It is a complete outrage. Case law provides that ten days is a reasonable period for such routine requests, but in any event, records should be produced “promptly.”   First, there need to be at least two designated officers in the Prosecutor’s Office who are responsible for holding other departments accountable.  Second, timely compliance with public-records requests needs to be a performance measure during annual personnel evaluations. If you do not timely comply, there should be a performance penalty associated with it.  Third, similarly, entire departments should be evaluated in part based upon public-records compliance.  Only if compliance or non-compliance becomes a part of how individuals and departments are evaluated will compliance improve. In my experience with public employees, it is far too easy to put public-records compliance at the bottom of the list of one’s day-to-day priorities. Without penalties for non-compliance, and incentives for compliance, compliance will not happen.   What steps do you believe can be taken to make the operation of the Prosecutor’s office more transparent?  By their very nature, prosecutor’s offices are secretive places. Ohio Rule of Criminal Procedure 6(e), for example, requires grand-jury investigations (and all evidence gathered in connection with them) to be secret. It is a criminal act for prosecutors to share such information. The reason for this and other principles of secrecy are critical—unless a prosecutor’s office can conduct its work quietly, professionally, and discretely, investigations and prosecutions can be compromised, and the reputations of those under investigation or prosecution can be unfairly tarnished.  That said, I believe that your question is going to the notion of building public confidence that the work of the Prosecutor’s Office is more transparently evidence-driven and not driven by politics or other improper agendas, both in fact and in appearance.  In this respect, I have pledged to depoliticize the office to bring it to the standard under which I worked as a federal prosecutor, and have issued a challenge to all candidates to pledge to do the same. My proposal, which is modeled on the Department of Justice’s policy, includes barring Prosecutor’s Office personnel from running for or holding partisan offices or being officers of political parties. Please see the attachment.  Thus far, there has been no response from the other candidates, which is unfortunate. Changing the Prosecutor’s Office to bring it into compliance with basic integrity standards should not depend on anyone candidate.   Did you support the recent changes to permit more open discovery in criminal cases?  Explain your position.  Yes, this was a “no-brainer.” I practiced open discovery as a federal prosecutor. It was only fair, and the transparency resulted in many cases being resolved short of trial. If you bring good cases, there is no reason to be afraid of open discovery.  Witnesses can and must be protected where there is a real and credible threat. But that is not most cases. III.       Efficiency-- This section involves more nuanced answers. 10.  Did you support Issue 6, the passage of which in 2009 resulted in the present structure of government in Cuyahoga County?  Explain why you held the position that you did at the time.  I supported Issue 6 because I believed (1) that without a single county executive there was no way to hold government accountable for its poor performance, and (2) many of the separate elected offices were unnecessary (e.g., recorder, auditor, etc.) I also believed that the county-corruption scandal provided us our one chance at reform and that the moment needed to be seized. I weighed in during the drafting stage and discouraged the committee from creating an elected public defender, which I thought was a disastrous idea. (What public defender could or should run on a platform of his or her success in defending serial killers and rapists?)  I had and continue to have concerns about certain details of the reform. For example, there is no partisan way to valuate residences and commercial properties—yet the charter mandates partisan quotas on the Board of Revision. From the charter draft, I also spotted the conflict regarding the role of the law director and the County Prosecutor that has emerged, due to vague language. These and other details can be addressed in charter review.  I also believe that the diversity concerns that many leaders of the African-American community had are legitimate. The Executive and the Prosecutor should address these concerns through aggressive efforts to recruit and promote talented minority public servants. Within the next decade, it should be possible for that talent pool to make credible and successful runs for county-wide, and not just ward-based offices.  On balance, I am pleased that having a single county executive has eliminated wasteful inefficiencies and brought accountability. Now we know whom to praise—and whom to blame.   11.  Do you perceive opportunities for cooperation between local and county prosecutors that may result in greater efficiency and reduced costs?  Yes. Some local communities are already relying on the county prosecutor for felony charging. Matters that should be charged as misdemeanors should not be overcharged—they should remain with municipal prosecutors.  Furthermore, as described below, the county prosecutor should assist local law enforcement in obtaining the necessary resources and training to do proper investigations. One of the biggest problems with the system now is poor and incomplete investigations.  I can expand on this if you wish in the interview. IV.       Competence 12.  Describe your experience working in the criminal-justice system. I have handled complex criminal matters as a former federal prosecutor, as Cleveland Law Director and Prosecuting Attorney, and in my current role as managing partner of The Chandra Law Firm, LLC. As a federal prosecutor, I prosecuted fraud and corruption in the healthcare industry, going after criminals who exploited people’s illnesses to cheat taxpayers, as well as mail fraud, wire fraud, tax fraud, interstate transportation of stolen property, and money laundering—earning a commendation from FBI director Robert Mueller for “demonstrated excellence” in my work. As law director and prosecuting attorney, I was involved in reforming the criminal division’s approach to quality-of-life crimes, including domestic-violence cases. I raised the charging standard from “probable cause” to “beyond a reasonable doubt.” I performed successful internal investigations concerning corruption, working with federal law enforcement. I worked with the Department of Justice to improve the City’s policies and training concerning use of force. I helped design and implement the City’s homeland-security readiness. And I investigated and charged improper use of force by police officers. I also directed the review of over 100 cases where the wrongful conviction of Michael Green by then-assistant prosecutor McGinty suggested that review of similar cases handled by the same errant forensic examiner was warranted, and went on to ensure that the forensic examiner was terminated from employment.  In my current role at the firm, I successfully defended clients accused of mortgage-fraud, healthcare fraud, telecommunications-fraud, and telemarketing-fraud. I have also performed internal investigations for Fortune 500 companies and other major business enterprises.  My proudest moments as a federal prosecutor were not the trials I won, or pleas I obtained, or long sentences I saw imposed, but the decisions not to prosecute individuals whom we initially thought we had “dead to rights”—where more thorough analysis and investigation undertaken at my insistence revealed that these individuals were factually innocent.  As a criminal-defense lawyer, I represented clients who were charged by the county prosecutor with mortgage fraud with literally no evidence, and the prosecutor refused to dismiss the case even when this was brought to his attention.  As an alternate county juror (then serving as a federal prosecutor), I sat through a no-evidence trial. The jury rightfully acquitted. The assistant county prosecutor later explained to me that “they” (supervisors) “made” the assistants try such cases.  Because of these experiences on all sides of the criminal-justice system, I am going to change the evidentiary standard at the county prosecutor’s office to the same standard that the U.S. Department of Justice uses, and that the Cleveland prosecutor’s office used under my tenure—prosecutors have to have the evidence to prove their cases beyond a reasonable doubt before charging.   13.  Have you ever run for or held public office? If so, please identify the office and the date of the election.    I ran for Ohio Attorney General in the May 2006 Democratic primary.     14.  Describe your experience in administering or managing an organization, and provide details relating to the size and nature of the organization:    I served as Cleveland’s law director from 2002-05. The law department serves a $2,000,000 corporation. I inherited a Department that was widely reputed to be in distress. The attached article summarizes the experience I had in leading reform of the department.  The department had about 120 employees, 82 of whom were lawyers. The budget was around $9,000,000 (although we cut it).  Since the County Prosecutor’s Office has over 200 employees working on our behalf, experience in running and reforming a large legal operation is vital; it is no place for on-the-job training. As law director and prosecuting attorney for Cleveland, I, among other things:   Eliminated wasteful spending, slashing spending on outside lawyers by almost 90% (saving millions of dollars), and recruited some of the community’s most talented lawyers. Vastly improved the department’ diversity. For example, when I started, there were no minority prosecutors, and when I left, there were 55%. Protected public safety by raising the standards under which cases are charged to the evidentiary standard used by the U.S. Department of Justice. Brought in grants under the federal Violence Against Women Act to dedicate a group of prosecutors to domestic-violence prosecutions. Cleaned up internal city corruption. Launched an initiative to remove convicted pedophiles from proximity to schoolchildren. Directed that over 100 cases be re-examined to address the wrongful-conviction of Michael Green, who served 13 years in prison for a rape that DNA evidence later proved he did not commit. The Innocence Project called my approach “a model for the nation.” Developed and instituted a comprehensive personnel-evaluation system (which, unfortunately, I have learned has not been implemented in six years!).   The experience and success I had in reforming the Cleveland law department provides me with the necessary skills to create lasting reform in the prosecutor’s office.   15.  Have you participated in preparing a budget for a business, government organization, or non-profit organization?  If so, please generally describe that experience.   Annual budgets were prepared under my direction for the Cleveland law department. I have also prepared budgets for a condo association for which I was finance chair, and reviewed budgets various non-profits with which I have been associated with over the years (e.g., political organizations, campaigns, local NPR station).  At the City, I slashed spending on outside legal counsel by almost 90%, saving the city millions of dollars.  (The City used to spend more than the City of Los Angeles on that luxury.) Just like many difficult budget decisions, it is crucial to not compromise quality of work while making necessary budget cuts. I successfully recruited qualified and ambitious attorneys to work at the law department and created a system where almost all legal work was performed in-house, at an extraordinarily high level, and at bargain prices.   16.  Have you dealt with public finance issues (i.e. predicting tax revenues, bond issuance, etc.) in any prior position?  Describe your experience in public finance. If such experience is limited, please describe related experience.  Bond counsel worked under my direction at the City, although I heavily delegated to them. I took a course in public finance in law school and am generally familiar with the terminology. The budget crisis in 2004-05 required extreme budget-cutting measures, which I implemented. It also required defense against various union lawsuits over the budget cuts, which we successfully undertook. I was personally engaged in these matters and led all settlement talks.    17.  Have you, or any business in which you held more than a 50% interest, ever filed for bankruptcy.  When, where?   No.   18.  In any prior position, have you developed, implemented or been in charge of enforcing an ethics policy for employees? If so, please describe.   Yes, as City law director I developed and was in charge of enforcing ethics policies for employees. I also personally performed numerous internal ethics investigations. Please see section regarding ethics in attached article.   19.  Have you ever held a public position where you managed employees who were subject to civil service laws.  When?  Where?   Yes as head of the Cleveland City Law Department from 2002-05.  Our non-attorney personnel were subject to civil-service laws.   20.  Have you ever held a public or private position where you managed employees who were subject to a collective bargaining agreement?  When, Where?   No, but I am familiar with such agreements from my work as law director, negotiating such agreements and litigating over them. I am also familiar with them from my work in private practice.   V.        Policy 21.  What philosophy will you follow in choosing to reach a plea agreement with a criminal defendant rather than proceeding to trial?   If properly charged (not overcharged) and supported by evidence, the vast majority of cases should resolve by plea. If they do not, someone—whether defense counsel or the prosecutor, are not doing their jobs.   This is not a philosophy. This is simply the way the system is supposed to work if cases are supported by evidence beyond a reasonable doubt and the evidence is revealed in open discovery. If the Prosecutor has made a mistake in charging a case, he or she should seek to amend or dismiss the charge as appropriate. Prosecutors must be humble before the evidence—and not insist on meritless pleas to defend the office ego or rack up statistics.   Every defendant has a right to trial. God bless them if they wish to exercise it. But the office should have a plea position formulated on each case. While uniformity is important, it is not an altar to be worshipped at—much more discretion and judgment should be given to line prosecutors in most routine cases because the prosecutors should know their cases best.   22.  Do you believe, as a matter of policy and without regard to the status of existing law, that civil litigation involving the County is best handled by the office of the prosecutor rather than the office of the law director? Please explain your position.   I have not yet formulated a complete position on this issue and probably will not do so until I see the details of a draft charter-amendment proposal. There is merit to Executive FitzGerald’s concern that the county is the “client” and as such should exercise more control over litigation decisions.   But there are several concerns about moving the entire civil-litigation function to the law director, who is an at-will employee of the Executive.  A public entity is not the same as a private entity. Overly concentrated power is very dangerous. We have already concentrated a great deal of power in the Executive. The independence of the Prosecutor is important. For example, suppose the Board of Elections abuses voters’ right to vote by failing to count certain legitimate ballots. (With provisional ballots comprising in some counties 25% of the vote, this could happen.) Having an independent prosecutor evaluate and indeed formulate the county’s litigation position is not such a bad thing under those, or analogous circumstances.  Furthermore, poor drafting of a charter amendment could lead to unintended consequences. For example, the juvenile-justice system is technically a “civil” matter, not a criminal one. Do we really want to move that system to the law director? The devil is in the details and we need a county prosecutor with the experience and sophisticated legal judgment to spot these issues.  At a minimum, many of the current problems associated with the division of litigation responsibility between the law director and prosecutor could be resolved by a new prosecutor who is committed to improving the relationship. I have high regard for the current law director, and would involve him not only in all litigation decisions, but in civil-division hiring decisions. Where circumstances warrant it, I would also appoint the law director or his designee as a “special assistant prosecutor” to handle matters in court. That should resolve a considerable amount of the existing tension.  Cooperation and mutual respect are key to resolving the current tension. We should undertake any further reforms cautiously and make sure we get it right. I look forward to being a constructive and thoughtful leader in the effort, and have a breadth of experiences that should help.   23.  Should the County Prosecutor be investigating any unresolved issues relating to public corruption? If so, which open issues?   Yes. Here are a few non-exhaustive examples.  First, Frank Russo has proclaimed that he influenced cases involving ten judges. Who are they? What were the circumstances? If the federal government is not going to address this issue, it must be addressed. The county prosecutor should make appropriate inquiry without disrupting the ongoing federal investigation.  Second, the county prosecutor ought to investigate whether corruption tainted the contracting process for certain contracts. I have received allegations that it has and will pursue those allegations if elected.   24.  Are there areas where the County Prosecutor can trim its budget while maintaining the office’s ability to pursue its obligations?   I will perform a top-to-bottom personnel and budgetary review upon taking office. I plan to appoint a panel of former federal prosecutors (some of whom are former county prosecutors) and retired FBI agents to help me evaluate the office and its personnel.  News reports that several hires were “political” or “politically connected” concern me, but I will not draw any conclusions until a review is complete. Obviously, if there is dead weight in the office, or prosecutors who do not approach their work fairly, that will be addressed.  The Prosecutor has discretion over the spending of forfeiture moneys and assets. I will undertake a complete review of how that money is being spent to ensure that it is being spent for maximum public benefit.   25.  If you are elected, what will be your top three goals as Prosecutor?  As a threshold matter, the office needs to be depoliticized in fact and appearance. Then reform work can proceed.  (1)         Establish a Conviction-Integrity Unit. Convicting the wrong people for violent crimes is not just morally repugnant; it's stupid, because when the wrong people are convicted, the guilty ones, by definition, go free. Like innovative prosecutors elsewhere, we need to establish an independent wrongful-conviction unit in the prosecutor's office to work with groups like the Innocence Project to correct injustices and to ensure that the true perpetrators are brought to justice. We need a prosecutor who wants to seek justice, not bury his head in the sand.  (2)         Protect us from re-entering ex-offenders by ensuring they are economically productive. With nearly a quarter of Ohio's inmates returning to Cuyahoga County, we need to establish public and private partnerships to ensure that an inmate’s re-entry into the community is a part of a process designed to keep them from re-establishing criminal patterns of conduct. We need a prosecutor who leads this effort.  (3)         Establish a Public-Integrity Unit to address corruption. The county prosecutor's office presently has no unit dedicated to rooting out public corruption. That void forced federal authorities to step in to address corruption in the county. As the only former federal prosecutor in the race, I will address this void by establishing a special unit dedicated to investigating and prosecuting public corruption.  There are some other important priorities, summarized below, and developed more fully on the "Changes" section of my website, www.ChandraForProsecutor.com. Please visit it because this response is not complete. There are not just three priorities. A lot has to happen to give us the fairer and more effective criminal-justice system that we deserve. We need to move from the paradigm of prosecutors bragging about how “tough” they are, and start talking about how they are going to be smart on crime, to keep us safer.   26.  What are the most important steps that can be taken by the County Prosecutor to prevent the type of corruption that has recently taken place in local, county, and special governments?     The most important step is simply electing a new prosecutor with an unimpeachable reputation for professional and personal integrity. I am the only candidate who has already passed a full-field FBI background check and who has served in the U.S. Department of Justice, where you did not even accept a cookie from outsiders to the office.  Having such a prosecutor would set the right tone and message throughout county and local government that shenanigans will not be tolerated. Once that message gets through, then people will come forward and report directly to the prosecutor their concerns.  For example, when I was law director, I was approached by numerous employees of other departments, who wanted to raise privately their ethical concerns. Resulting internal investigations led to federal convictions and/or employment termination. Simply put, when people have confidence in the integrity of the prosecutor, they know where to go.  Establishing a Public-Integrity Unit to work the county inspector general and others will also go a long way to preventing future corruption.  A strong message will be sent down to all local, county, and special government representatives that the Prosecutor’s office will thoroughly investigate all credible corruption allegations and will vigorously prosecute those public officials that have broken the law and the trust that the public had bestowed to them. The days of corruption lingering for months and years and the county prosecutor’s office waiting for the federal government to clean up the mess will come to an end.   We also need another step outside of just establishing the unit. The Prosecutor should form a joint committee with the county executive and other county offices to hold fora informing all public officials about the ethical standards under which they are expected to live, and the consequences if they fail to do so. One benefit of doing this beyond deterrence is that it terrific evidence in a subsequent prosecution, if employees fail to live up to the standard. (This is why the grand-jury subpoenas in the county-corruption probe sought ethics-training materials from Dimora and Russo. I have made great use of such evidence in the past.)   27.  Do you support the proposed change to state law that would give prosecutors the right to demand a trial by jury?   I have not yet formulated a firm position on this issue, but share the concern of Ohio judges that this takes away too much of their authority. There are some cases that by their nature (e.g., crimes against children) that raise a concern about whether jury passions will afford the defendant a fair trial. Giving defendants the option of waiving their right to trial by jury can in some cases be an important procedural safeguard.  On the other hand, allowing one decision-maker to make a decision may not always be wise either. I am a firm believer in the jury system and in the collective wisdom of juries. Most jurors take their oath solemnly and try very hard to “get it right.” Their collective wisdom is often greater than that of any single individual.  I look forward to hearing the debate play out and making a decision. If a legislative decision is made to give Prosecutor the option of demanding a trial by jury, then that decision will be taken thoughtfully and seriously. My office will develop guidelines for implementation that balance the above-described fairness considerations—and will not have a knee-jerk approach.  28.  Has the system changed adequately in response to the revelations following the arrest of Anthony Sowell on the issue of responsiveness to allegations of sexual assault?  What more, if anything, should be done?   No, although improvements in the investigation of sex crimes have been made, the system has not responded adequately.  The single biggest problem has not been discussed much yet publicly. The police simply do not have the training and resources to do their jobs as effectively as they should. A visit to Cleveland’s 3rd District police headquarters, for example, reveals it to look like the set of “Barney Miller”—with IBM Selectric typewriters. Interviews are not recorded. Rape kits are not tested often enough. We have a mid-20th century police-investigative system trying to solve 21st century crimes.  More also needs to be done to ensure that “vertical prosecution,” i.e., investigative-and-prosecution handling by specialized sex-crimes units, is undertaken.  These matters are going to require enormous energy and pushing by the next prosecutor. “Good enough for government work” is not good enough. The prosecutor will need to lead, have higher evidentiary standards, demand change and improvement in investigations before agreeing to prosecute, and assist local law enforcement in obtaining the resources that they need from grantmakers and other sources.  For example, I am already working on obtaining federal assistance for equipment for local law enforcement.