District Attorney Nola Foulston is proud of the accomplishments
of this outstanding prosecution office. In the traditional sense,
the office is charged with the prosecution of offenders in the
criminal justice system, however, it has become increasingly more
necessary to not only recognize that punishment of offenders is
appropriate, but that victims of crime should be afforded protection
and consideration in making the criminal justice system viable for
our community. To this end, District Attorney Foulston has
established specialized prosecution units in the traditional
prosecution office that not only participate in trial of offenders,
but that are also intricately involved in victim assistance, crime
prevention and intervention issues.
It is the policy of this office, through responsible recruitment,
to hire qualified applicants without regard to race, color, national
original, sex, age, religious affiliation, or disability.
Prosecutors are attorneys licensed to practice law in the State of
Kansas and must have successfully graduated from an accredited law
school and have passed the Kansas Bar Examination in addition to
possessing credentials demonstrating proficiency and
professionalism. With forty-six attorneys comprising the staff of
this office, there is a wealth of over 360 years of legal
experience. Prosecutors come from all backgrounds and from all areas
of the country. Many of the prosecutors are graduates of Kansas
schools of higher education and Kansas law schools, however, other
prosecutors come to this jurisdiction from states across the nation. Prosecutors, like all members of the community, have
a special and abiding interest in the quality of life for all
citizens. They have chosen prosecution as a career that makes a
difference in the lives of others and one where they can contribute
something special to the community in which they live.
This unit, supervised by Chief Attorney David Lowden, is responsible for all of the appeals of criminal and
certain civil cases that originate in this jurisdiction including
independent civil actions challenging convictions in the District
Court. Appellate cases are argued primarily before the two highest
courts of this state: the Kansas Court of Appeals and the Kansas
Supreme Court. In addition, this division handles a number of
appeals in federal court and participated in the case of
State of Kansas v. Leroy Hendricks that was heard before the
United States Supreme Court that upheld the Kansas Sexual Predator
law as constitutional.
In both the adult and juvenile prosecution areas, the District
Attorney's Office is staffed by qualified Case Coordinators whose
responsibility is to keep crime victims and witnesses notified of the
stages of court proceedings, and to assist victims with questions
and concerns they may have regarding their participation in the
process. This unit also works with prosecutors and crime victims to
determine restitution in appropriate circumstances, and to present
this information to the court for its action on the case. Companion
to the Domestic Violence section of the Special Victims' Unit, Case
Coordination provides specific services for victims of domestic
violence crimes. This unit of the office works in collaboration with
many community based organizations to provide resources and
referrals for crime victims, survivors and witnesses. Among others,
these organizations include the Sexual Assault Center Coalition; Domestic
Violence Coalition, DUI Victims Center of Kansas, and Kansas Crime
Victim's Compensation Board.
The District Attorneys' Office has maintained a specialized unit
for the handling of consumer issues. Headed by Chief Attorney Sharon
Werner, the unit is comprised of attorneys as well as investigators
who handle consumer questions and concerns on a daily basis. The
Consumer Division has initiated proactive investigations in our
community to explore scams and artifices that deprive consumers of
their hard-earned money. Such investigations have included a review
of auto-repair practices, home improvement fraud, appliance repair
scams and business practices that involve price scanning devices
that are inaccurate and cost consumers thousands of dollars each
year. This division of the office is also very proud of our Senior
Volunteers, individuals from the community to expend the extra
effort to work with other seniors in uncovering fraud and consumer
issues that affect us all.
In the felony criminal division, over one third of
the legal staff is assigned to the prosecution of adult offenders.
Within this area of trial practice, certain specialty areas exist.
It is imperative that attorneys be trained and proficient in the
intricacies of the varied cases that come before the courts. These
units, within the trial division, primarily handle the following
categories of cases:
These cases include gun
and drug offenses, asset forfeiture proceedings and violent crimes
that are associated with drug violations. The prosecutors assigned
these cases have developed
particular expertise in the handling of methamphetamine prosecutions
and regularly assist law enforcement in the preparation of legal
matters that bring these cases to the court for determination.
The attorneys prosecuting these cases have developed
expertise in the handling of violent gang crimes, arson offense and
property crimes such as home burglary and those cases where property
crimes are ancillary to the gang affiliation.
The attorneys specializing in this area are responsible for the prosecution
of cases in the following areas: Sex Offenses, Crimes Against Children,
Domestic Violence, Internet Pornography, Solicitation and Homicide
cases that originate in these specific areas of crime. The unit,
originally developed in 1977 by District Attorney Foulston who was
then a prosecuting attorney, trains experienced staff to manage
special victims and to gain proficiency in medical and
psychological testimony inherent in these cases. The attorneys work
to ensure that all victims, especially children, are prepared for
the challenges that face them in the criminal justice system.
Housed at Friendly Gables in the Juvenile Court Complex, this
division of the office operates under the supervision of Deputy
District Attorney Ron Paschal. The Juvenile Division is divided into two
distinct areas of practice: the offender side that prosecutes
offenders under the age of eighteen; and the Child in Need of Care
Unit that intervenes on behalf of the child in some cases of abuse,
neglect and sexual assault.
Attorneys and staff of the Juvenile Division devote time and
attention to prevention and intervention measures. One such program,
the District Attorneys' Deferred Prosecution Unit, accepts first
time offenders in non-violent crimes and refers selected individuals
to community based organizations who operate as resource referrals
to work with juveniles on prevention issues. The juvenile division has
also been active in Truancy Prevention and has established a
special unit for this program that works with parents, the courts
and the school systems to correct the problems of repeated absence
from school in violation of school attendance laws.
The Traffic/Care and Treatment Unit of the District Attorneys
office handles a variety of legal matters. The Care and Treatment attorneys are
responsible for the handling of involuntary commitment cases that
are based on alcohol or drug addiction or mental illness where the
individual is a danger to himself or others and fails to accept
voluntary treatment. In the Traffic section of the office, attorneys
prosecute violations of the traffic code that occur in Sedgwick
County, including those cases initiated by the Kansas Highway Patrol
as well as the Sedgwick County Sheriff's Office. (City traffic
violations are handled in the Municipal Court of the City of
Wichita). The Traffic division handles DUI cases, suspended license
cases, habitual violator cases and other traffic infractions. This
unit also prosecutes Fish and Game Violations in this jurisdiction.
A companion program within this unit is the Traffic Diversion
Program where drivers who have a reasonably clean driving record
are accepted for a deferred prosecution program on certain traffic
infractions. If the individual successfully completes the program
and remains ticket free for the specified time period, the original
ticket will not effect the person's driving record.
©, Copyright, 1989-2006, District Attorney Nola
Tedesco Foulston, 18th Judicial District of Kansas
last update:
12/02/06
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