““ Since when are
““ Since when are judges given the authority to give an order that’s in conflict with a state statute? …… If I start worrying about overcrowding, I’m not doing my job.” – JUDGE DIANE DICKOW D’AGOSTINI 30 CHALDEAN NEWS APRIL 2006
PHOTO BY ALEX LUMELSKY taking a stand Judge Diane Dickow D’ Agostini fights the early release of prisoners Diane Dickow D’Agostini wasn’t fishing around for attention. But her stance against a proposed plan to reduce jail overcrowding has given her the limelight, whether she likes it or not. The plan, a joint local administrative order from Oakland County Chief Circuit Judge Wendy Potts, would give local judges more control over which prisoners are released early when the Oakland County Jail is overcrowded. The Bloomfield Hills-based 48th District Court, of which D’Agostini is chief justice, is the only district or circuit court in the county that has refused to participate. Under the current state statue, when overcrowding occurs at the jail it is up to the chief circuit judge — currently Potts — to decide whose sentences should be reduced, and thus released early. Under the proposed change, Potts would send a list of prisoners proposed for early release to Oakland County’s 55 judges, who would have veto power. The proposal is now before the state Supreme Court, which will decide if it is enacted. “Crisis” overcrowding occurred last summer and fall, which meant that about 200 prisoners were released early each time, Potts said. “I got some calls from judges saying, ‘I wish you wouldn’t have let so-and-so out,’” said Potts. “This gives the judges more control and poses less of a risk to the public.” DIFFERENT VIEW D’Agostini sees it differently. For one thing, she believes judges do not and should not have a say in jail matters. Administrative orders are not meant to supersede laws, she said. “Since when are judges given the authority to give an order that’s in conflict with a state statute? If I start changing decisions I made a week or two ago, that is compromising my duty to the public,” she said. “Once we agree to this, there will never be a solution to jail overcrowding.” D’Agostini compares the plan to telling police officers to stop making arrests or prosecutors to dismiss criminal cases when the jail is overcrowded. She offers no opinion of what should be done to alleviate overcrowding, saying that is the BY JOYCE WISWELL job of the Oakland County Board of Commissioners. “If I start worrying about overcrowding, I’m not doing my job,” she said. The judge also takes issue with the proposal’s plan for bonds. Inmates with bonds of less than 0 would be given personal bonds (no fee) and bonds would be cut in half for those whose offenses are not violent, a felony or involve drunk driving. “I set the bond for a reason, including a criminal record and flight risk,” D’Agostini said. D’Agostini was an assistant prosecutor before becoming a judge in 2001. Her duties included arguing against the parole of numerous prisoners. “I know the reality — people do re-offend,” she said. NOT ALONE Though hers is the only court refusing to participate in the plan, D’Agostini is not the only judge who opposes it. (The 48th District’s three judges voted 2-1 to not participate; D’Agostini said she doesn’t know what she would have done had the vote gone the other way.) Five of the 11 judges in the Troy-based 52nd District Court also voted against the plan, said Chief Justice William Bolle, who has gone along with the majority’s wishes. Though he declined to say how he voted, it is clear that Bolle has some issues with the plan. “She makes some pretty valid points,” he said of D’Agostini. “This is an attempt to provide a solution to a very bad, serious problem that will not go away,” Bolle said. “We need more jail space and the reality is we aren’t going to get it because of the county’s economic situation.” D’Agostini said store owners will be greatly affected by the new plan. “Merchants will be very much impacted because those persons [such as who commit theft] are considered low-risk,” she said. The judge seems a bit surprised over the reaction to the stand she has taken. “I did not expect that this would receive this much attention,” D’Agostini said. “But it should — it’s about public safety and the law. I will stand up for what I believe in.” A CHALDEAN- AMERICAN JUDGE Diane Dickow D’ Agostini was named chief justice of the 48th District Court in December 2005. She plans to run for reelection to the bench in November, and said she loves her work. “ It is so rewarding when people give you their vote, trusting your judgment,” she said. She keeps a thick file stuffed with letters from defendants she has convicted and sentenced, in which they thank her for treating them with respect and dignity. “ This is a rewarding position because you can really help people,” she said. “ You can address their problems, place them into an alcohol or drug program — even order them to go back to school.” D’ Agostini spends a lot of time in the schools of the cities the court serves — West Bloomfield, Bloomfield Hills, Birmingham, Keego Harbor, Sylvan Lake and Orchard Lake — speaking to students on laws and their penalties. She sometimes metes out sentences to drug, drunk-driving or theft offenders right in the middle and high schools so students can see the consequences. “ I really advocate teaching kids about the law at an early age, she said. “ I see a rooted lack of respect for the law, especially with underage drinking.” She also has created Order in the Court, a program where fourth-grades classes watch actual cases, then hold their own mock trials. Remembering those victimized by crime is important to D’ Agostini, whose father, Salim Dickow, was murdered at his store when she was 7 years old. “ I don’ t think my father’ s death shaped my judicial philosophy,” she said, “ but my personal experience opened a window for me to look into a victim’ s life and know what they are feeling.” APRIL 2006 CHALDEAN NEWS 31
