huh?â
I nodded.
âItâs a bad arrest,â I said. âYou refuse to file it and everybody wins. My clientâs record is clean and the integrity of the justice system is intact.â
âDonât make me laugh. I could still go ahead with it and tie her up in appeals until she graduates.â
âBut youâre a fair and decent guy and you know itâs a bad arrest. Thatâs why I came to you.â
âWhereâs she work and what name does she dance under?â
âOne of the Road Saintsâ places up in the Valley. Her professional name is Harmony.â
âOf course it is. Look, Haller, things have changed since the last time you deigned to visit me. Iâm restricted in what I can do here.â
âBullshit. Youâre the supervisor. You can do what you want. You always have.â
âActually, no. Itâs all about the budget now. Under some formula some genius put together at county, our budget now rises and falls with the number of cases we prosecute. So that edict resulted in an internal edict from on high which takes away my discretion. I cannot kick a case without approval from downtown. Because a nol-pros case doesnât get counted in the budget.â
This sort of logic and practice did not surprise me, yet it surprised me to be confronted with it by Seiver. He had never been a company man.
âYouâre saying you cannot drop this case without approval because it would cost your department money from the county.â
âExactly.â
âAnd what that means is that the interest of justice takes a backseat to budgetary considerations. My client must be illegally charged first, in order to satisfy some bureaucrat in the budget office, before you are then allowed to step in and drop the charge. Meantime, sheâs got an arrest on her record that may prevent or impede her eventual practice of law.â
âNo, I didnât say that.â
âIâm paraphrasing.â
âI still didnât say that last part.â
âSounded like it to me.â
âNo, I told you what the procedure is now. Technically, I donât have prefiling discretion in a case like this. Yes, I would have to file the case and then drop it. And, yes, we both know that the charge, no matter what the outcome of the case, will stay on her record forever.â
I realized he was trying to tell me something.
âBut you have an alternate plan,â I prompted.
âOf course I do, Haller.â
He stood up and moved what was left of his sandwich from the clear spot on his desk.
âHold this, Haller.â
I stood up and he handed me a file with the name Linda Sandoval on the tab. He then stepped up onto his desk chair and used it as a ladder to step up onto the clear spot of his desk.
âWhat are you doing, Seiver? Looking for a spot to tie the noose? Thatâs not an alternative.â
He laughed but didnât answer. He reached up and used both hands to push one of the tiles in the drop ceiling up and over. He reached a hand down to me and I gave him the file. He put it up into the space above the ceiling, then pulled the lightweight tile back into place.
Seiver got down and slapped the dust off his hands.
âThere,â he said.
âWhat did you just do?â
âThe file is lost. The case wonât be filed. Time will run out and then it will be too late for it to be filed. You come back in after the sixty days are up and get the arrest expunged. Harmonyâs record is clean by the time she takes the bar exam. If something comes up or the deputy asks questions, I say I never saw the file. Lost in transit from Malibu.â
I nodded. It would work. The rules had changed but not Dean Seiver. I had to laugh.
âSo thatâs what passes for discretion now?â
âI call it Seiverâs pretrial intervention.â
âHow many files you have up there, man?â
âA lot. In fact,
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