No such concomitant consequence marks the instant case. Foss was charged with fifth-degree assault, a misdemeanor representing the lowest possible level of assault. The court did not articulate any particular unfairness that would arise from Foss having a misdemeanor conviction on his record, nor has Foss identified any. The extraordinary measure of a stay of adjudication was unnecessary for the furtherance of justice, and the trial court erred in imposing such a stay. With no clear restrictions and a willing judiciary, inherent power stays of adjudication could become routinely administered, and, despite the prosecutor's objection, the executive function thereby routinely subjugated in the name of expedience.
Separation of powers is the basic constitutional scheme.
The judiciary is the enduring sentinel of the Constitution. In this spirit, I urge that the supreme court revisit judicial exercise of inherent power in the context of this case.