PubliCola Picks: Nicole Thomas-Kennedy for City Attorney

Nicole Thomas-Kennedy

For weeks, media coverage of public defender Nicole Thomas-Kennedy’s campaign for city attorney has focused on anti-police tweets she posted in 2020, to the exclusion of almost any other campaign issue. Amid the onslaught of one-sided coverage and attacks, Thomas-Kennedy has declined to apologize, and odds are, it wouldn’t matter anyway: The “But Her Tweets” crowd is so set on demonizing and caricaturing Thomas-Kennedy as a monstrous extremist, acknowledging their demands would only encourage them.

Nor, it seems, have Thomas-Kennedy’s opponents paid much attention to her actual platform, which represents an evolution and expansion of city policies that have already demonstrated their effectiveness. Already, under current city attorney Pete Holmes, the city has invested in diversionary programs that keep people out of jail and put them on a path to recovery and self-sufficiency—programs like Law Enforcement Assisted Diversion, which provides case management and services to people involved in low-level street crime, and Community Passageways, a diversion and prevention program for youth and young adults.

Ten or 15 years ago, when the first diversionary programs were just coming online, it was still somewhat controversial to propose spending money to address the problems that cause people to commit “public disorder” crimes instead of locking people up for things like shoplifting, sleeping in public, and small-time drug deals. Today, the evidence is incontrovertible that prevention and diversion are far more effective (and cost-effective) than punishment and retribution. Restorative justice, diversion, and decarceration are no longer radical concepts, but mainstream approaches.

Thomas-Kennedy wants to push farther in the direction of decriminalization and abolition than Holmes, who accomplished significant policy changes (decriminalizing marijuana locally before it was legal statewide, for example) using a quiet, sometimes incremental approach. But elections present choices, and Holmes is no longer on the ballot. The choice now is between a public defender with a firm grasp of both the civil and criminal sides of the city attorney’s office and a clear, full-speed ahead progressive agenda—and an unqualified activist and perennial candidate whose solution to homelessness and crime are the same: Lock ’em up. Of all the members of this year’s backlash slate, Davison is the most extreme, pushing a law-and-order agenda Seattle hasn’t seen the likes of since the voters returned Mark Sidran to private practice 20 years ago.

Davison conflates crime and homelessness but fails to understand that prosecuting homeless people does nothing to address the conditions that lead people to shoplift, sleep in parks, or buy and sell drugs. Like her supporters Scott Lindsay, Ed McKenna, and, yes, Sidran, she believes that Seattle is too soft on people whose crimes result from poverty, addiction, and homelessness, and wants to restore “order” to Seattle streets by delivering “disorderly” people, particularly “chronic offenders,” into the hands of the criminal justice system.

This simplistic, out-of-sight-out-of-mind approach to complex problems is a pattern for Davison. In 2019, when she ran for city council against District 5 incumbent Debora Juarez, Davison proposed making people experiencing homelessness invisible by rounding them up and busing them to warehouses in North Seattle, Pierce County, and Renton. Her “plan” to warehouse up to 5,500 people, which Davison claimed she “meticulously priced out,” would have supposedly cost the city less than $1,500 per person, per year—an estimate that is profoundly out of touch with the reality of not only what shelter costs, but what shelter is.

Beyond her strange policy proposals, Davison appears to have a shaky grasp on what the city attorney’s office actually does. In campaign mailings and public statements, Davison has focused largely on felonies, like homicide, rape, and burglary, which are not handled by the city attorney’s office. To the extent she has articulated a vision for the city attorney’s office, her plan focuses on what she won’t do—allow people to sleep outside, in conditions she calls worse than “a UN Cambodian refugee camp”—than what she will. Perhaps that’s because Davison has almost no actual courtroom experience, representing just a handful of clients in low-level probate and arbitration cases, most of them more than a decade ago. The region’s coalition of minority bar associations recently gave Davison its lowest rating: “Not qualified.”

Seattle voters, known for electing leaders with generally progressive values, should be alarmed by the fact that Davison not only joined the Republican party during the Trump Administration, but ran for office as a Republican when Trump was at the top of the ticket. (Davison now claims she is a nonpartisan, “independent thinker.”) Although Davison says she voted for Biden, she has not said whether she supported “Stop the Steal” conspiracy theorist Loren Culp, the Republicans’ choice for governor last year. Davison’s platform was a classic Republican stunt: Elect me, and I’ll abolish the office.

The city attorney is not primarily a prosecutor; the criminal division makes up about a third of the office, while the bulk of the work takes place over in the civil division. Mostly, the job involves working far outside the spotlight: Ensuring that legislation passes legal muster, developing labor relations policy, enforcing local regulations, and representing the city in civil litigation. Seattle needs an attorney who is qualified, prepared, and understands the assignment.

While we’re a bit skeptical of Thomas-Kennedy’s plans to enlist the city attorney’s office in a dramatic overhaul of the entire criminal legal system, we are convinced she understands the job she’s applying for. As a public defender who’s had to advocate for people whose actions she didn’t agree with, she’s also well aware that the job will sometimes require her to put her personal views aside and provide the best possible representation for her clients. We’re not convinced that Davison, who has consistently advocated for a justice system based on punishment and retribution, has the perspective or the legal experience to do the same.

The PubliCola editorial board is Erica C. Barnett and Josh Feit.

3 thoughts on “PubliCola Picks: Nicole Thomas-Kennedy for City Attorney”

  1. There’s no doubt that voting for Ann Davison presents an extremely difficult choice. However, that you endorsed Nicole Thomas-Kennedy is even more troubling. Maybe you can rationalize many of her statements, as you attempted to do, but did you ask her about her advising jurors, or potential jurors, to lie under oath and vote their political beliefs regardless of the law and facts? To me, this is unacceptable when practiced by right wing activist who advocate “nullification” — as they have for decades — and it is equally unacceptable for one who is an officer of the court and wants to occupy an important position in the legal system. Vigorously advocate for change. But it’s advocacy of lying and dishonesty that is the hallmark of, well, I guess most notably Donald Trump. If someone on “our side” goes there, then I cannot support them.

  2. The statement in the above piece that Davison “has not said whether she supported “Stop the Steal” conspiracy theorist Loren Culp, the Republicans’ choice for governor last year,” is inaccurate. Per the Times, “she said she didn’t vote for either Gov. Jay Inslee or Republican challenger Loren Culp last year.”

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