Lies challenges Peterson for Eddy County State's Attorney position

Next Tuesday Eddy County voters will decide whether to retain the incumbent state's attorney or to elect a new person to the role. The Transcript staff asked candidates Travis Peterson and Ashley Lies five questions to help voters better understand what each would bring to the role in the next four years. 

1. Describe the qualifications and experiences that make you the best candidate for the state's attorney office.

Peterson: I have been a licensed attorney in North Dakota for 20 years. I have been the Eddy County State's Attorney for 16 years – elected in 2002, 2006, 2010 and 2014. During this time I have gained professional experience and knowledge unmatched by my challenger. This experience and knowledge is not limited to criminal, juvenile, mental health, and social services proceedings but also includes being an advisor to the Eddy County Commission and all other county departments. I have developed a good working relationship with all county employees and court personnel. I respect each and every one of them and the job that they do.

Lies: I have been licensed and practicing as an attorney for the past five years, with the last three being here in New Rockford. While I do not have the lengthy experience in criminal prosecution that Mr. Peterson does, I have been fortunate enough to act as the Interim State's Attorney in Foster County for a year and to work as an Assistant State's Attorney in Wells County when their main prosecutor is unavailable. In these positions, I have been able to learn hands-on how to manage and prosecute matters ranging from littering to Class A Felonies. In doing so, I found a passion for this position and that is why I am running here in Eddy County. I know my experience in these State's Attorney positions will provide a great should I be elected. From there, I will gain firsthand experience of the specific challenges here in Eddy County with the wonderful support of other State's Attorneys that already have and will continue to guide and mentor me as I learn in that role.

2. What is your attitude/approach toward negotiating plea bargains versus trial litigation in criminal cases?

Peterson: Criminal defendants have a constitutional right to trial by jury. If a criminal defendant demands a trial then the criminal charges will be presented to a jury. If a criminal defendant waives the right to a trial by jury and pleads guilty then it is necessary to either reach an agreement as to the terms of judgment or make a sentencing recommendation to the judge. In all cases I make every effort to see that the sentence imposed is appropriate and takes into account the facts of the specific case and the criminal history of the defendant.

Lies: There are pros and cons to entering into plea bargains for certain cases and taking others to a trial. I can say that if elected, I am definitely eager to take on some cases that move forward to trial. The trial experience is one that provides not only first-hand experience in prosecuting, but ensures that the legal issues are fully flushed out. With that, however, I am cognizant that cases that end up before jury trials cost the county more money and often settle the day or two before court. I hope to properly address each side of this issue if elected, while balancing the need for resolutions and offers that are appropriate for the offender and the offense.

3. What strategies would you implement to improve case load processing?

Peterson: During the past 16 years my staff and I have developed effective internal case management procedures. These procedures are regularly evaluated and updated, if necessary. This, coupled with good working relationships with law enforcement and court staff, results in appropriate and efficient processing of cases.

Lies: Even though the State's Attorney job is only considered part-time, should I be elected, I would treat it as my main employment. For the first few months, I would focus on working with the Commission and Sheriff's Department to ensure I am meeting their expectations and addressing each case as it came before me in the most timely manner. Additionally, I believe the position provides compensation for a part-time assistant, so I would have assistance in reviewing and filing cases, as well as answering and responding to phone calls regarding county matters even if I was in court. This position would allow me to be able to keep my main employment here in New Rockford, whereas currently I have to travel out of town for many of the cases I take on which can take me out of the office many days a week.

4. In your opinion, what is the biggest challenge facing the local judicial system and how do you plan to address it?

Peterson: Chemical dependency and addiction issues combined with limited resources. As a result of limited financial resources, infrastructure and programming is inadequate to effectively address the number of drug offenders coming into the criminal justice system. Because our resources are overwhelmingly tax based, it is necessary to use those resources as effectively as possible.

Lies: As I have only practiced in our local judicial system in the capacity of a defendant's attorney, I am not fully aware of the big concerns that impact our prosecutor. What I do know, however, is that there appears to be a lot of misunderstanding about the role of the State's Attorney and how charges are brought. If elected, I would like to set aside at least one day a month where the community can come in and discuss questions about county matters they have concerns about. Obviously, there are questions and cases that cannot be addressed and matters that must be kept confidential, but my main objective here would be to open the lines of communications between the State's Attorney's office and the citizens of Eddy County. I think understanding how the judicial systems works and how cases are prosecuted and why certain ones aren't is important to establishing the trust of the community. This is an elected position and if elected, I would want to hear from the community to learn what challenges they too are facing with the State's Attorney position.

5. Illegal drug use and distribution are a big part of the criminal caseload of late. What is your approach to prosecuting drug-related crimes in our county?

Peterson: Law enforcement has made a focused and effective effort to address drug-related crimes in Eddy County. This will continue. I support this effort. I see the negative effects of illegal drug use on a daily basis. I would like to see illegal drug use eradicated in Eddy County. This, however, is unrealistic. So, I proceed as I do in all criminal cases -- apply the law to the specific facts of each case in order to file the appropriate criminal charges. In the event the criminal defendant pleads guilty or is found guilty by a jury, then I evaluate the specific crime and the defendant's criminal history in order to make an appropriate plea agreement or sentencing recommendation.

Lies: Drug-related crimes in North Dakota seem to have been on the rise the past few years. Like any case, each matter would require an individual assessment for prosecution. However, as a whole, my goal for prosecuting drug related crimes would be to find a way to not only address the crime, but the underlying issue with the defendant. Some cases require a person go to jail or prison for a lengthy amount of time whereas others may benefit from treatment and community service. The discretion a State's Attorney has in sentencing is a heavy burden; if elected, I hope to address each case individually in a way that will deter future crimes and, to the extent possible, deter the defendant from become a repeat offender while addressing any substance abuse issues he or she may have.