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Home My WebLink AboutCSS 2021-05-17 Item 1A - Presentation - Prosecuting AttorneyCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: David Cline, City Administrator CC: Mayor Ekberg DATE: May 11, 2021 SUBJECT: Prosecution and Public Defense Services ISSUE During the 2021-2022 budget process and review of 2021-2022 contract for services, Councilmembers requested a presentation from the contractors that provide the City with Prosecution Services and Public Defense Services. BACKGROUND Prosecution Services — Planned for May 17, 2021 Committee Discussion The Walls Law Firm has provided Prosecution Services to the City of Tukwila for many years, as a subcontractor for the Kenyon Disend law firm. In mid -2018 when Kenyon Disend discontinued providing Prosecution Services, the City contracted directly with the Walls Law Firm for the remainder of 2018 and then conducted a Request for Qualifications process from which the Walls Law Firm was selected to continue providing Prosecution Services from 2019 to the present. The contract for Prosecution Services runs concurrent with the biennial budget. Public Defense Services — Planned for June 7, 2021 Committee Discussion Kirshenbaum & Goss has provided Public Defense Services to the City of Tukwila for many years. Significant changes have been made to the program as Public Defense Standards were adopted by the Washington State Supreme Court effective January 1, 2015, which delineate the number of cases each attorney can handle per year and mandates that compensation include administrative and training costs. In addition to the Public Defense Standards the federal court decision, Wilbur v. Mt. Vernon also mandated substantial changes with new reporting and monitoring requirements. Beginning in 2013 the City has applied for and been awarded grant funds from the Washington State Office of Public Defense. These funds have allowed the City to provide interpreter services for attorney-client appointments, an investigator to gather case information, and a social services liaison to assist clients in connecting with services. The contract for Public Defense Services also runs concurrent with the biennial budget. DISCUSSION The May 17 presentation will walk through the process taken from the point of police contact with an individual to the conclusion of prosecution outlining the various options and outcomes throughout the process. The June 7 presentation will walk through the process taken from when public defense becomes involved in a case to the conclusion. RECOMMENDATION Information Only ATTACHMENTS PowerPoint Presentation Prosecution Questions and Responses 1 2 avy riforrri rrt PrDL;e) Prior to PrOLJi on Eric DrEJY ?! Chils1 c. Policls) TL Jkwik 1 r t fJ��f�� rr]-FuJ'vviii Poiic E:irid th TukvvUa Proses r ] rur's j\JDd'i together ] E] rrr] er5 'for :meeting COr] rra L ] r] j L ,-) reeds p8r]iniriJ o EJccoun abiill for crimes in o u r r rrl fn J\`JIJJ�Jl'rll�lJ I Er fr et [if1-,;,-iyysiwith in ent LO Jh E- J E) the Def ]v]Dr it individuEils ]riVO]Ved VVfEf ri rri I ri �i "ri `iii P“aki \Jv E'ri-fryrEiaLr_ri,f-11 Y iEsigagernent iDiscretion Phy5kaJ J\rra f f'; _r_L;j PD 3 J Phy5iciiclj1rjns andArrest are casEG thEiI \ 1 fDrvJ d ] 1-,c) the PrJLJrJr' office by elle Police DepEJ rtrnerj't fJrrJ\IJ ]i �r r to pcenui other diveron programs and J or ra o irce ' J r/Tii r nn Proc5 in Y"]LJn1c1piJ C'uLJ(r PreJBrrr cl Ey Aaron Wall. The \fih-Als!aw Firm Prosecuting Attorney 7,iarOririn\wrallsl a\IvrirrrLrorr1 custody cases hEiV e apiirriiriij hidnjth r� f r :DLr�t day. r r.f J Jbii] Jr cii n lrnd recorri ni ri ci i i n i DLi C `rJF c L iJ,t )d J'J J `�1 e revi e��1 ed as l received Find it -filed are forvvarcied to rh e court LD ser arrdigniment hirinj F]ii D Wit' _911 ar_v:i Pc sPcu tDri ii -r lri J irc1� under HC\IV 9944!r1��1� .y vi t/ .1there probib]e CEI LLE anci will Wr bP enough evidence l 1rij] gI\Jn dfn:? J F yp e of crime Vic) eat, economic or a regulartrJry PrJ Dr Jr pn]ing crirn J li rni -a1 dependency or Ment -r-_-)1 iva .D11:1 jr)_ris' ThE) procLfLo can • decline Lo riJ charje reser hick -for more investigation • rP-f Er rine raJ pre-fiJing diiiirjn r� J i ppropri ] re Once chart e9 F=ire 1- VV1rh 1r1 Elrrurr1Ty, conditions are set, and defesiciEint i screened or pp i r1 rrrl erl r r Ei n Elttprney Dfn 1' rorr1 e� si get diicrivry1at inVeStigates, JEI'Et1 erg information -and has Lfieir J J} dieffrget ev ! Ja1[J Dr1 it r] ress.a)�y�JJ , 1 r1� r1 E J O r1 Ei'r X1`11 C11 � r1 pro c'uti on is IBJ ] L i i r i i Fh rase is either ettJ erJ \jV J rh l pia Jr a prriai dc__Jets dismissed, or gjoa rt cri a� W 14 City of Tukwila — Questions for City Contracted Prosecution Services 1. Please describe your firm's philosophy/reasoning for how you make decisions on whether to file a criminal case or not? The starting point of every referral is whether there is probable cause to believe a crime has occurred and we believe a crime occurred. The next question is whether there is or will likely be at trial sufficient admissible evidence to proof the case beyond a reasonable doubt given potential defenses. We also consider the prosecutorial standards under RCW 9.94A.411. Major factors in the decision include looking at a suspect's prior history as well as the suspects current circumstances, whether they have other charges pending, and whether they are competent to proceed. We look at the type of crime, including whether a domestic violence crime or other crime of violence, a crime that involves danger to the public, an economic crime, or a regulatory crime. We look at whether there is a danger or risk to the public and a public benefit to prosecution. Criminal prosecutions should not be brought when no benefit is to be gained either because of evidentiary problems or a lack of ability to serve a deterrent or protective purpose. 2. Please describe your firm's practices when encountering repeat offenders. The most important concerns in proceeding with criminal prosecutions is the protection and restoration of victims. The next focus of prosecution should be deterrence and the reduction of recidivism. We strive to identify underlying problems and address them, or to find the correct leverage to prevent the behavior. Substance dependency is frequently an issue with repeat offenders and treatment, when complied with, can be effective. Where poverty or homelessness are issues, referrals to caseworker programs such as LEAD and connecting the defendant to housing, may be helpful. Mental health problems can also lead to repeated criminal behavior. Sometimes dealing with repeat offenders requires a combination of treatment and jail time; for instance, one option is to release a defendant directly to an inpatient treatment facility from jail. For some offenders, treatment and offers of services do not change their behavior and punishment is the only option. 3. Does your firm offer alternatives other than filing criminal cases? If so, please describe your firm's practice and philosophy on alternatives to filing a criminal case or alternatives to resolving cases. We use several diversion programs after a case is referred for prosecution. We use a pre -filing diversion program (Friendship house) for economic and regulatory crimes where there is little or no prior criminal history. We divert or amend certain regulatory traffic offenses post -filing in court, to assist the offenders with coming into compliance with regulatory needs. These can include licensing and titling issues. In other cases, we offer post -filing pre-trial diversions based on evidentiary or other issues. These diversions often include a treatment aspect and are monitored by our office. Sometimes they have included community mediation, for instance with an immigrant community with specific ethnocultural traditions. 15 4. Please describe your firm's philosophy and practice on sentencing recommendations. What type of factors do you consider? The first issue to address in a sentence is the protection and restoration of any victim in the case. This can be accomplished with no contact orders, restitution, and at times treatment. The goal of a sentence should be deterrence and reduction of recidivism. It is important to take into consideration the defendant's circumstances and prior history, and the triggers that drive the commission of particular crimes, whether it is drugs, alcohol, mental health, anger problems, poverty, etc. If, through particular programs, a defendant can change their behavior or environment, or even get their driver's license, the result is a safer community. Our experience is that this does work. However, it is ultimately up to the defendant whether they want to help themselves. If we cannot create a safer community then we must protect the community, whether that is with jail, electronic home monitoring, or the like. In the end, a prosecutor should consider the individual facts of a case, the efficiency of caseload management and its impact on the court, and the needs of the parties, in a manner that is consistent with the City's philosophy. Currently the most immediate issues in sentencing involve the pandemic which has restricted or foreclosed options and alternatives. The pandemic has created restrictions at every level from court hearings, trials, jail, community service, and treatment. 5. Last year there was a national awakening to the systemic problems in the criminal justice system. Do you see any problems with current practices of prosecution in Washington State? Do you believe there is room for improvement? If so, where? There are always problems and room for improvement in any endeavor, especially a highly complex and far reaching one such as criminal justice. Systemic problems that have been highlighted in the last year include the both the disparate treatment of disadvantaged groups as well as the disparate impact that the criminal justice system has on those groups. All parts of the justice system must recognize the unconscious biases that underlie both our decisions and their effects, and we must do our part to address the systemic problems within the system. Historical and systemic issues in the criminal justice system include a lack of access to resources and programs, emphasis on fines and court income, and a focus on jail as a first choice for punishment without alternatives. Some of the most important improvements in the justice system in Washington State will need to be addressed at the State and County level where funding, systemic policy, and the more serious felony offenses and juvenile offenses are addressed. We all need to explore alternatives to criminal justice such as treatment and social worker case management systems. In general, there needs to be more improvement on directing resources and creating systems that address the underlying causes of crime such as drug addiction, poverty, and mental health issues. Appropriate training should be emphasized that focuses on enforcing criminal justice in a fair and equitable manner. The most pressing needs include more resources and a better delivery system for mental health, chemical dependency, and poverty case management systems. More alternatives are needed for defendants with a limited history or evidence of a changed life. A more efficient probation supervision 16 system that is focused on effective rehabilitation is also something we need to continue to work towards. 6. Overview of current process Criminal cases are referred to the prosecution in two ways. In custody booking are defendants who have been arrested and held on new charges from the previous day. They are brought to court the next day and the prosecutor reviews for what charges if any are appropriate and makes a bail recommendation as to what conditions of release should be set. Out of custody referrals are sent to the prosecutor to review for what charges if any are appropriate. After reviewing a new referral, the prosecutor can refer it back to the officer for more investigation, decline to file charges, refer the case to a pre -filing diversion program, or file charges. When charges are filed the court summons the defendant to court to be arraigned and have conditions of release set. Defense attorneys are present on behalf of the court to advise defendants at each hearing and whether they are appointed in a case is reviewed when conditions of release are set. After arraignment, the defendant either is provided an attorney, hires their own, or choses to represent themselves after the court explains the dangers of doing so. The prosecutor provides discovery to the defense. The defense reviews it and may request additional discovery such as other related reports or video from the police or businesses. The prosecutor discusses resolution of the case and may ask the defendant to take steps such as getting evaluations and makes an offer to settle the case. The defendant then decides whether to accept the offer or ask for a trial. If a trial is set the parties interview witnesses and prepare for trial. There is a readiness hearing were both parties decide if they are ready to go to trial, need more time, or, if the prosecutor is unable to proceed due to missing witnesses or other reasons, the case is dismissed. If an agreement is reached the case may be diverted in a pre-trial diversion or a plea is entered, and the defendant is sentenced. 7. Current legislative changes The most important current legislation for prosecutors is the Blake fix. Blake was a case which held the crime of possession of drugs in Washington was void because it did not include an element of knowledge. This means that all convictions for possession of drugs is invalidated. In Municipal court this primarily only effected possession of marijuana cases as other drugs were handled as felonies in Superior Court. The fix that has passed the Legislature has added the element of knowingly, but also reduced all possession of drug crimes to misdemeanors which will now be filed in Municipal court. No additional funding was provided to accommodate this. The fix also eliminated personal drug paraphernalia charges and encourages treatment diversions for these crimes. 17