Interview

Interview with Chief Judge Robert J. Conrad, Jr. United States District Court

"I've provided informal answers to the questions as best I could, given the time constraints, and the limitations on what I can say as a judge. These are my personal thoughts off the top of my head and are not given in any official capacity." -Robert J Conrad,Jr.

1. Do you think the plea bargaining process is essential in keeping our
judicial system afloat? Why or why not?

Response: Trials are time consuming, so are appeals. It would be difficult if not impossible to try every case that was charged. Plea bargaining has been recognized as necessary and proper by the Supreme Court and is provided for by the Federal Rules of Criminal Procedure. It recognizes the resource issues of the system including the limitations on availability of courtrooms, shortage of prosecutors, demands on the jury system etc.

In short the system of plea bargaining involves the prosecution agreeing to pursue fewer charges or a reduced sentence or other concessions to the defendant in exchange for his agreement to plead guilty and not go to trial. Often other concessions are involved to such as the waiver of appeal rights. Frequently, defendants agree to cooperate in the prosecution of others in the hope of an even greater reduction in sentence.

3. What do you believe are the roles of the prosecutor in the plea
bargaining process?

Response: The role of a prosecutor is to disclose exculpatory evidence and other evidence required by the rules such as a statement of the defendant in the possession of the government. It is to be honest. The prosecutor is not required to plea bargain but if he chooses to do so he must do it with integrity toward the defendant, his attorney and the court. An excellent description of the duties of a federal prosecutor is found in an opinion by Justice Sutherland (link attached) many years ago in the case of United States v. Williams.

4. Most defense attorneys will argue that most of the power, if not all, lies within the prosecutor. Why or why not should they feel this way?

Response: The prosecutor has substantial power in determining what charges to bring and what offers to make. Congress has passed certain laws, particularly in the drug trafficking and illegal possession/use of firearms areas, that provide for statutory mandatory minimums. They can lead to harsh results with no discretion for the Court. This fuels the notion held by some that prosecutorial power is enhanced.

On the other hand, the defendant has the power to exercise his constitutional right to a trial by a jury of his peers, to have counsel, to call and cross examine witnesses, to exercise his right not to testify and to force the government to prove his guilt beyond a reasonable doubt to the unanimous satisfaction of all 12 jurors.

5. In general, what injustices, if any, come about with the plea
bargaining process?

Response: Potential injustices can occur as a result of prosecutorial misconduct, ineffective representation, bad choices by defendants, perjurious testimony etc.

Injustices can occur when mandatory minimum sentences and other sentences involving little discretion by the court are applied without regard to the unique circumstances of each defendant and each case.

6. Approximately 95% of criminal cases end with plea bargaining, one of the main reasons for this is because of efficiency. Do you feel as if defendants feel pressure to go along with plea bargaining because of
the long wait of a fair trial?

Response: A defendant has a constitutional and statutory right to a speedy trial. He/she should not plead guilty solely to avoid a long wait but should, through his lawyer, assert his/her right to a speedy trial if that is indeed what he/she desires.

7. How would you change our system to ensure that each defendant could receive a fair trial within a more timely manner?

Response: Take a look at the attached plea form that judges in our district use to guide their inquiry into making sure a defendant enters a voluntary and knowing plea of guilty. This is essential to the fairness and constitutionality of plea bargaining.

In addition, lawyers for the government and the defendant must be men and women of high character, intelligence and diligent in their work product. Prosecutors must be scrupulously honest and comply with the rules of discovery and other rules governing their conduct. Defense lawyers must zealously represent their clients in an effective manner. Judges must provide defendants with a fair trial or hearing, treat them with dignity, and make sure that their constitutional and statutory rights are protected. These pursuits in addition to the procedural safeguards that are statutorily and constitutionally provided are imperative if our criminal justice system is to perform as it should.