OUR FAIR SHARE

Feds Will Help Pay For Drug Prosecutions

The threat by El Paso District Attorney Jaime Esparza to stop prosecuting
federal drug cases had its desired effect: Federal lawmakers and border
prosecutors last week agreed on a deal that would send $12 million to the
four states that border Mexico, to pay for prosecuting federal drug cases.

The money will not be enough to pay for all prosecutorial costs of federal
drug cases (El Paso's 300-500 federal cases each year cost local taxpayers
about $8 million), but it's important to remember three key issues in this
story:

This was government as it should be, politicians working in a bipartisan
way to overcome unfair funding disparities. Sen. Kay Bailey Hutchison,
R-Texas, and U.S. Rep. Silvestre Reyes, D-El Paso, worked furiously in the
closing hours to persuade lawmakers to add a $12 million rider to a
military construction bill.

The agreement was reached just one day before the deadline Esparza had
imposed, after which he said he would stop prosecuting federal drug cases.
"Surprise would be an understatement," said Esparza, leader of the
Southwest Border Prosecutors group. His ultimatum was severe, but it was
necessary and obviously proved to be effective.

An important precedent has been set. "We have established a benchmark
agreement by everyone involved that there is a federal responsibility (to
pay for prosecuting federal drug cases)," Reyes said Wednesday. "The $12
million is not enough. In fact, some prosecutors didn't want to accept the
deal for that reason. But it's a starting point, and establishing the
precedent was significant."

How insufficient is the funding? It means just $3 million for each of the
four states. Esparza's announced annual cost of $8 million just in El Paso
proves the point. Another convincing statistic: The Western District of
Texas from 1995 to 1999 showed a 256 percent increase in the number of
federal drug cases. The money will pay for pretrial incarceration in county
jails, cost of local prosecutors, indigent-defense counsel, court costs and
other expenses.

It will be important for El Paso's and Texas' congressional leaders to make
sure this funding amount is increased in subsequent budgets. Sen. Phil
Gramm, R-Texas, who also helped the agreement become reality last week, has
already stressed that paying for federal prosecutors and judges must become
a priority for budget writers.