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Buzzby

Facing A Marijuana Charge, Prosecutor Will Return To Job
Mike Zapler | San Jose Mercury News | 01/27/2006

Santa Clara County prosecutor Ed Fernandez, who was charged last month with possessing a small amount of marijuana, is coming back to work Monday and has been assigned to handle restitution cases.

Chief Assistant District Attorney Karyn Sinunu called the position part of a new but important initiative to step up efforts to recover money for crime victims.

Fernandez, who in December said he was 53 years old, is a veteran deputy district attorney who had been on the domestic violence team but was changing jobs before the marijuana charge. Sinunu said it had not been determined at that time what his new job would be, but the office recently settled on the restitution assignment.

"He made a bad personal choice that has never interfered with his ability to be an outstanding lawyer," Sinunu said. "He is coming back to be part of this office, and he will contribute as he always has."

Police arrived at Fernandez's home last month after a neighbor called and said a door had been left open. When the officers arrived and looked around, they found less than an ounce of marijuana.

Fernandez has been out of the office in recent weeks and could not be reached for comment Thursday. But he told the Mercury News in December that "I'm committed to the highest and best efforts to administer justice in this county, and that's unwavering. I regret this may give an appearance to the contrary."

Sinunu, who is running for district attorney, declined to say whether Fernandez is facing any discipline, calling it a personnel issue. But if Fernandez was going through a disciplinary proceeding, it probably would not be complete yet.

The misdemeanor charge carries a $100 fine but no jail time.

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Toking Jedi

This is yet another example of corruption on the part of the goverment. While to some people, this is just business as usual, I see, well, business as usual: the man was allowed to come back to work, even with a misdemeanor charge. How many other jobs do that, I ask? My brother had to get our mom, an ADA at the Brooklyn DA's office, to represent him when he went in front of the school board (he was trying to get a job), and he had to swear that he never did it after he was arrested (which of course is total bs). It's ridiculous, this is.

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Buzzby

Why? In California, possession of a small amount of marijuana is about as serious as a speeding ticket.


Most jobs. People who get busted for minor possession of marijuana are not generally excluded from the work force.


Parents are extremely critical about what kind of people come in contact with their children on a daily basis. They connect drug use with bad character. People applying for jobs in fields like that are held to a higher standard.

killer12382

The same idea of being held to a higher standard also applies to the DA. Of all people, he knew it was a violation of the law. How can this guy try drug cases without being viewed as hypocritical? Certain jobs have "morals" clauses and if you violate them, you're out the door.

Buzzby

Using that reasoning, a district attorney should get fired if he gets a speeding ticket. After all, he knew it was illegal...


Just do his job and follow the law. He isn't a marijuana legalization activist. He got caught, took his punishment, and expressed remorse.


Apparently that's not the case with this job or he wouldn't be back to work.

 

killer12382

I got this feeling that they're not done with him yet. You don't make the boss look bad without consequences.

kinghelwig

Buzzby the fine in calif is 100.00and187 for the state restitution fund total of 287 thats a chunk considering in the seventies I paid a ticket for pot it cost me a flat50.00,it seems that everyone has their finger's in the pie,it's all about greed and money in my opinion.

kinghelwig

Buzzby the fine in calif is 100.00and187 for the state restitution fund total of 287 thats a chunk considering in the seventies I paid a ticket for pot it cost me a flat50.00,it seems that everyone has their finger's in the pie,it's all about greed and money in my opinion.This is in anaheim by the way.