Tag: Ann Davison

Seattle’s “High Utilizers Initiative” Targets Frequent Offenders for Prosecution. Could It Be Put to Better Use?

By Erica C. Barnett

Six months ago, City Attorney Ann Davison announced a new initiative that would target so-called high utilizers of the criminal justice system—people with more than 12 misdemeanor referrals in the last five years—by subjecting their actions to greater scrutiny, excluding them from community court, and keeping them in jail for months, much longer than current misdemeanor booking restrictions allow.

Since launching the High Utilizers Initiative in February, the city attorney’s office has filed charges against people on the list 82 percent of the time, compared to a 63 percent charging rate for all misdemeanor cases so far this year. In 2021, under former city attorney Pete Holmes, the office charged people meeting the new “high utilizer” standard just 58 percent of the time. The initiative was also supposed prioritize this group for mental health services and treatment.

So far, the initiative has resulted mostly in more charges for people on the list, although the city attorney’s office says additional policy proposals are coming.

“We are declining fewer cases for this population than for the overall population,” deputy city attorney Scott Lindsay said. “I think it tells us that this effort is doing exactly what Ann said it would do: For individuals who are repeatedly having a significant disruptive impact on their neighborhood, we are trying to make sure that they are not slipping through the cracks.”

The initiative also allows the city to keep people on the list in jail for longer, bypassing rules that have prohibiting most misdemeanor bookings. “When somebody has a record of 35, 40 criminal cases and then they have a new property destruction case in Ballard and they’re saying you can’t do anything about that, that doesn’t make sense,” Lindsay said.

Critics of the high utilizers initiative argue, citing considerable research, that repeatedly jailing people who are homeless and suffer from significant behavioral health conditions does not reduce crime and makes the people being incarcerated sicker and less likely to be able to thrive in their communities. Anita Khandelwal, director of the King County Department of Public Defense, said the people on the high utilizers list “should not be subject to jail booking or prosecution for misdemeanor offenses; instead, they should be introduced to service providers who can develop community support and housing options without the hindrance and destabilization caused by repeated jailing and prosecution.”

“It’s hard to overstate the cruelty—and futility—of incarcerating a person who is not able to understand what is happening or to assist their attorney. What’s more, incarceration is destabilizing and leads to an increased risk of a person dying by suicide—as we have repeatedly seen happen at the King County Jail over the past year.”—Anita Khandelwal, director, King County Department of Public Defense

Lisa Daugaard, co-director of the Public Defender Association, whose programs serve people involved in the criminal legal system, said creating a list of people who are frequently arrested for misdemeanors isn’t a “good thing nor a bad thing by itself. It could be helpful if it caused local authorities to come up with a plan for these people’s situation, which is highly likely in need of a plan or support or intervention.”

So far, Daugaard acknowledges, the focus has been on the enforcement side.

“If they are choosing to file against people on the list more often, to me, that means we’re not getting busy making plans proactively for people who we already know are in difficult situations,” she said. “There should be a lot of energy pushing for programming and placement options that just don’t exist for this population right now—and they would have a lot of allies.”

PubliCola obtained a copy of the most recent high utilizers roster, from July, and reviewed the recent criminal and legal histories of each of the 111 people on the list. Two things stand out right away. First, the vast majority of people on the list are either homeless or show signs of housing instability; fewer than 10 had consistent residential addresses in the Seattle area. Second, most “high utilizers” show signs of major behavioral conditions, including addiction and mental illness.

In many cases, people’s behavioral health issues were so severe that a Seattle Municipal Court judge has recently questioned their ability to understand the charges against them and participate in their own defense, a process used to determine, among other things, if a case can proceed. Nearly half, or about 54, have been ordered to undergo a competency evaluation within the last year, and 30 have been found incompetent multiple times—a high bar that requires not just a transient lack of understanding (which might be caused by drug use) but a profound underlying mental health condition.

Prosecuting such people, Khadelwal says, is pointless and counterproductive. “It’s hard to overstate the cruelty—and futility—of incarcerating a person who is not able to understand what is happening or to assist their attorney,” Khandelwal said. “What’s more, incarceration is destabilizing and leads to an increased risk of a person dying by suicide—as we have repeatedly seen happen at the King County Jail over the past year.”

Katie landed on the high utilizers list after racking up more than two dozen separate charges in the last five years—everything from tampering with a fire alarm to vehicle prowling to pedestrian interference, for walking in the middle of busy Rainier Avenue South. She spends most of her time in Ballard, despite restraining orders and arrests and people warning her, over and over, to stay out of the area. She has a connection to the neighborhood—it’s where her family once lived, she has told officers and court officials and anyone who will listen, and where her “street family” lives now.

Mostly, Katie’s charges involve stealing from, screaming at, and harassing employees and patrons of businesses and institutions in Ballard’s commercial core, including retail stores, a car dealership, and the Seattle Public Library. Typically, she will enter a business, yell and knock things down, and run off with random items, such as pile of Starbucks paper cups a barista set outside one day. For just one person, people familiar with Katie say, her impact is tremendous; she might enter a single business multiple times a day, causing havoc and running out only to return a few hours later.

Katie has also assaulted people directly—pulling an earring off a waitress who told her to go away, attacking an employee at St. Luke’s Presbyterian Church, which offers daily meals from its building across from the Ballard Commons. St. Luke’s is among at least half a dozen Ballard businesses that have a no-contact order barring Katie from coming within 1,000 feet of their property—an almost unprecedented move for a church whose institutional mission includes serving Ballard’s homeless population. Earlier this year, because of her status as a “high utilizer,” she was detained for nearly five months at the King County Jail; when she got out, she went straight back to Ballard, where she was promptly arrested—not for harming anyone, but for simply being there.

This time, the city attorney’s office didn’t seek to keep Katie in jail , and she was released two days after her arrest. But her months-long stay in jail had consequences she was still living through. During that period, her name had come up on a waiting list for housing, but no one noticed; as a result, she missed a crucial deadline and fell off the list. Now, after case conferencing that included representatives from the city attorney’s office, she’s staying in a tiny house in a neighborhood across town. But she’s still barred from most of Ballard, which will make it hard for her to avoid arrest in the future.

Despite her erratic behavior, Katie has been found competent at least once, after two previous incompetency findings. Her most recent evaluation, in February, concluded that she was competent to stand trial as long as she stayed away from drugs—a conclusion that shows one of the limits of “competency” as a measure of behavioral health.

Peter, another “high utilizer” who has been found incompetent to stand trial repeatedly, most recently in July, frequents the University District, where his name is on a private list of high-impact individuals maintained by the University District Partnership (UDP), which represents businesses in the area.

“There may be a reason to incarcerate a person to keep them away from everybody else and stop them from doing that [behavior] for some period of time. But does state punishment itself cause a positive change in people? I think the answer is clearly, no, it does not.”—Daniel Malone, Director, Downtown Emergency Service Center

Peter—also a pseudonym—has been arrested repeatedly for walking into businesses, stealing small items—a can of Campbell’s chicken and dumpling soup, an Ace bandage, a bottle of A&W root beer—and threatening employees who catch him or tell him to leave. He says things like, “If you stop me, I have a gun and I will kill you,” and “fuck you, I’ll kick your ass,” and “if you call the police, I will murder you,” according to police reports. On occasion, he’s taken a swing or tried to “head butt” a clerk. Once, he grabbed a “small pink pen knife” from a homeless woman’s cart and pointing it toward a Safeway clerk, Other than the pen knife, which he returned to the woman who owned it, police reports do not indicate that has ever been caught carrying a weapon.

Peter is also, as his many incompetency findings make clear, profoundly disabled, to the point that he’s frequently incapable of carrying on a coherent conversation. He may be “terrorizing” a neighborhood, but he’s also lost in his own delusions of money, grandeur, and persecution; it’s hard to imagine him understanding the nature of the charges against him, much less sitting still in front of a judge and testifying in his own defense.

“We have a lot of clients who are just so gravely disabled that you’re not going to get the same result if you tell them to do something” the way you would with most people, said Ailene Richard, the North Seattle LEAD supervisor for the homeless outreach organization REACH. “They’re not internalizing information in the same way. You have to ask people, what is your motivator? Why do you keep stealing things? Even to do that takes relationship building and trust building.”

The UDP participates in case conferencing—a process that involves sitting down with representatives from Mayor Bruce Harrell’s office, neighborhood organizations, LEAD, REACH, and the city attorney’s office and figuring out how to address and assist people who are having a negative impact on local residents and businesses. But for cases like Peter’s, UDP president Don Blakeney says, they’re at a loss.

“What is the solution for someone who is having a negative impact on the neighborhood but is not really a great candidate for behavioral change?” Blakeney said. “Those kind of people on the list are going to be hard [to deal with]—they can’t keep impacting the neighborhood the way they do because it’s terrifying of folks who are stuck in one place,” such as behind the counter at a retail store. “If you get to a point in the neighborhood where people are doing that every day, it has a cumulative impact.”

The Downtown Seattle Association, which supported previous efforts to crack down on drug dealing and sales of stolen goods such as the short-lived Operation New Day, also supports the high utilizers initiative. But the group’s CEO, Jon Scholes, says simply arresting people and releasing them back into the community without health care and housing won’t address the impact high utilizers have on the neighborhood or help them access the services and housing they need. “There’s very few people in our constituency who want to lock up mentally ill people forever—they they want to reduce the impact [and] they want a better outcome.”

Unlike the University District and SoDo neighborhoods, which have access to case conferencing, Scholes said the city and service providers “haven’t set that kind of table with us and other [business] groups. We’ve never set aside the housing and other services that are really needed for this population. …A list is just a list if there’s no meaningful intervention that’s being offered.”

Both Katie and Peter, along with many others on the high utilizers list, are connected with case managers from groups like REACH and LEAD, which work with unhoused people facing charges and those who have co-occurring behavioral health conditions, including mental illness and addiction. But identifying appropriate housing and services for people with huge, sometimes lifelong, challenges takes time, even years, and in the meantime, the prescription from the city attorney’s office often prioritizes immediate neighborhood demands. 

And even some homeless service providers say there are times when jail is justified. Staffers for the Downtown Emergency Service Center, which has provided (or currently provides) shelter or housing for many of the people on the high utilizers list, call police when a client assaults another client or threatens guests or staff—as happened earlier this month, when a man on the list exposed himself to residents and staff at DESC’s Hobson Place apartments.

“When I first heard about the so-called high-utilizers program,” Municipal Court Judge Damon Shadid said, he hoped Davison’s office would “gather certain information on people who are having a high impact on the community” and “figure out how to address them in a useful way. That is not what happened. Instead, we were handed a list of people who we were told were not eligible for the primary diversion program at the court, and we were not offered a solution other than the primary solution of putting people in jail.”

“We’re supposed to [call police] not just when we’re upset at a lack of compliance or cooperation, but when it’s reached a point where we’re unable to manage the situation safely and effectively,” Malone said. “There may be a reason to incarcerate a person to keep them away from everybody else and stop them from doing that [behavior] for some period of time. But does state punishment itself cause a positive change in people? I think the answer is clearly, no, it does not.”

Richard said going in and out of jail all the time can cause “tremendous” harm—”jail is not a therapeutic place.” At the same time, jail can provide “a sort of break from everything they’re usually doing,” she added. “Sometimes if we’ve had trouble finding that client, that’s a way we can contact them. It is sometimes the only opportunity that we have to be able to meet with certain folks who we have not been able to find on outreach.”

Seattle Municipal Court Judge Damon Shadid oversees community court, an alternative to mainstream criminal court that offers access to services such as mental health and addiction treatment, occupational therapy, and life skills classes. He says the city attorney’s office needs to demonstrate, with clear evidence, that jail is helping not just businesses and neighborhood residents but the people who are being jailed over and over again with few visible results. “If they’re going to charge these people more, they need to prove that they’re having a positive impact.” So far, he said, they haven’t done so.

Instead, Davison took action early in her term to specifically deny access to community court to anyone on the list, arguing that people who commit the same offenses repeatedly need strict accountability, not treatment and classes. Davison, and Lindsay, especially objected to the fact that community court is a “release first” model, which gives people who enter the program the benefit of the doubt instead of, as Khandelwal put it recently, keeping people in jail “simply because they are too poor to post bail.” Continue reading “Seattle’s “High Utilizers Initiative” Targets Frequent Offenders for Prosecution. Could It Be Put to Better Use?”

City Attorney Filing, But Also Diverting, More Cases; City’s Shelter Enrollment Rate Remains Low

City Attorney Ann Davison

 

1. City Attorney Ann Davison’s office released a detailed report this week confirming what PubliCola reported earlier this month: In the first six months of 2022, her office has filed charges in only about half of the criminal cases it has considered, declining to pursue charges at a rate similar to that of her predecessor, Pete Holmes. Between 2017 and 2019, Holmes’ decline rate ranged from just over 40 percent to just under 60 percent, only slightly lower than Davison’s.

Between January and June, the city attorney’s office declined about 51 percent of cases. That number includes cases from a backlog left after Holmes left office, which resulted from a combination of failure to file cases prior to the pandemic and an increase in unfiled cases in 2021, when the Seattle Municipal Court was not operating at full capacity due to the pandemic.

Excluding those cases, Davison’s decline rate was lower (46 percent between January and March and 41 percent between April and June), but without more details about what cases the office considered from the backlog, or what cases came in between April and June, it’s hard to draw long-term conclusions from that comparison.

Digging into the numbers in the report, the rate of domestic violence cases that the office declined has risen steadily over the years, and remains high under Davison (over 60 percent) so far; one reason for this, according to the report, is that domestic violence victims often don’t want to file charges against their abusers. Assault, property destruction, and harassment topped the list of domestic violence cases where no charges were filed.

The report shows that Davison’s office has resolved cases using diversionary programs, such as community court, mental health court, and the Public Defender Association’s Law Enforcement Assisted Diversion program, at least as often as her predecessors, diverting hundreds of theft, assault, trespassing, and other cases to therapeutic courts or social services.

Davison’s office did file charges in a much higher percentage of new non-domestic violence and non-traffic criminal offenses (those committed in 2022) than Holmes—around half in the first quarter of this year and 37 percent in the second quarter. If that trend continues, it will mean that Davison is choosing to pursue charges against more people accused of crimes like assault, theft, and trespassing, which are often crimes of poverty.

 

Ann Davison portrait

Perhaps most interestingly, the report shows that Davison’s office has resolved cases using diversionary programs, such as community court, mental health court, and the Public Defender Association’s Law Enforcement Assisted Diversion program, at least as often as her predecessors, diverting hundreds of theft, assault, trespassing, and other cases to therapeutic courts or social services. Overall, Davison referred about 750 cases to community court, more than 600 to LEAD, and about 180 to mental health court.

Earlier this year, Davison sought, and received, authority to deny access to community court for the 100 or so people on her “high utilizer” list, which includes people with more than 12 cases (not charges) in the past five years. The city attorney’s office really is treating this population differently: In contrast to their overall approach, the office has filed charges in 82 percent of cases involving this group, a decline rate of just 18 percent.

2. The latest quarterly report from the Seattle Human Services Department on the work of the Homelessness Outreach and Provider Ecosystem (HOPE) Team shows an uptick in the number of people who received referrals to shelter from the HOPE Team and actually enrolled in shelter, meaning that they showed up and stayed for at least one night. The HOPE Team does outreach at encampments, primarily the city’s regularly updated list of encampments it plans to sweep.

Between April and June, 173 people went to shelter based on a HOPE team referral, amounting to 41 percent of the total number of people who received at least one referral. (Overall, the team made 458 referrals, including multiple referrals for some individuals). Put another way, that means about 58 people went to shelter on HOPE team referrals every month last quarter. The numbers are approximate, because some people who enroll in shelter choose to remain anonymous, making them harder to track.

Those numbers, while they represent a slight improvement, continue to reveal that the majority of shelter referrals don’t result in shelter enrollments (and shelter, of course, isn’t housing)—people are getting referral slips but aren’t using them. This can happen for a variety of reasons: Leaving an encampment for shelter can involve a long trek across town, along with tough decisions, such as whether to leave an established street community or abandon a pet.

Notably, the second quarter of this year also included the removal of a large encampment at Woodland Park, which Mayor Bruce Harrell identified early on as one of the top priorities for his administration. As we reported at the time, the city asked the Low-Income Housing Institute to set aside dozens of spots in tiny-house villages—a desirable, semi-private shelter type that has a very high enrollment rate—for people living in the park. Out of 89 shelter referrals at Woodland Park, 60 were to tiny house villages.

The city also made a special effort to ensure that people forced to leave during the high-profile removal, offering direct transportation to shelters for everyone who received a referral, which likely boosted the overall enrollment rate. PubliCola has asked HSD how many of the 173 enrollments between April and June came from Woodland Park and will update this post when we hear back.

Seattle Court Agrees to Exclude City Attorney’s List of “High Utilizers” from Community Court

By Erica C. Barnett

The Seattle Municipal Court voted Friday to exclude so-called “high utilizers” of the criminal justice system—those who have been accused of misdemeanors more than 12 times in the past five years, and at least once in the past eight months—from community court, a therapeutic court established in 2020 for people accused of certain low-level crimes.

PubliCola reported the news exclusively on Twitter Monday morning.

Davison asked the court to intervene on her behalf in late April, after community court judge Damon Shadid (one of seven municipal court judges, and the only one who handles community court cases) declined her request to immediately bar “high utilizers” from community court.

Currently, people whose charges consist entirely of low-level misdemeanors (a category that excludes more serious crimes like assaults, domestic violence, and DUI) are automatically eligible for community court, which gives defendants access to services without requiring them to plead guilty to a crime. People can only go through community court four times; after that, they have to go through mainstream court, which frequently convicts defendants but does not jail them beyond the time they have already served.

The King County Department of Public Defese analyzed the “high utilizers” list and found that most were homeless or had undergone competency evaluations, an indication of behavioral health disorders.


In meetings between the court and Davison’s office, Shadid had proposed putting off a decision about “high utilizers” until July to allow parties to court deliberations, including the King County Department of Public Defense (DPD), to come up with a plan for this group that went beyond jail and traditional prosecution. 

In a statement, Davison said she was pleased that the court agreed to her request. “Individuals causing the most impact on our community need meaningful accountability for their criminal activity paired with increased behavioral health services,” she said. “The best venue to ensure appropriate accountability and community safety is in Seattle Municipal Court and my team will continue to engage service providers to address underlying behavioral health needs. Addressing the impacts of individuals engaged in frequent, repeat criminal activity is one of the best ways to improve public safety.”

Davison has not proposed any additional spending on behavioral health care, which is mostly funded by the county, not the city. An analysis of Davison’s “high utilizer” list by DPD showed that the list consists primarily of people who are unsheltered or have been through a court-order evaluation to determine their competency to stand trial, a sign of extreme behavioral health issues that are most effectively addressed with health care and treatment, not jail.

DPD director Anita Khandelwal said community court came out of a collaboration between the municipal court, the previous city attorney, and her department, with the goal of charting “a new path for people accused of misdemeanors in Seattle that would reduce the harm of the criminal legal system and quickly address the needs of vulnerable members of our community. While the court continues, we’re sorry to see this collaboration unravel so quickly at the behest of the City Attorney.”

Traditional prosecution and jail, Khandelwal continued, “takes far more time, is very expensive, and fails to produce meaningful results. The City Attorney has produced no data—and I have seen none—that shows that the traditional criminal legal system is effective in changing behavior. Instead, it means people who have significant unmet needs will continue to cycle through a system that we know to be expensive, ineffective, and racially disproportionate.”

In a statement, the municipal court judges said they agreed to the changes Davison requested “in an effort to work collaboratively” with her office and “in the interest of preserving Community Court as an option to address many non-violent misdemeanor cases.” Later, the court amended the judges’ statement (which we quoted on Twitter) to read, “The Community Court agreement already provided the judges with discretion to screen defendants out of Community Court. The changes approved last week will allow the City Attorney to decline to refer a case to Community Court even if it is technically eligible.”

As a partner in community court, Davison has the ability to withdraw the city from the court, effectively shutting it down. This gives her office considerable leverage in negotiations over court rules, including which defendants are eligible.

Community court, the judges noted in their statement, was established as a corrective to a system in which people are already being released onto the street (instead of jailed) and are often hard to track down for court appearances specifically because of “housing insecurity, mental health issues, and substance abuse issues; all issues that Community Court was meant to address.”

Conservative Group With Ties to Assistant City Attorney Launches Pro-Davison Effort; Mayor’s Office Said He Didn’t OK Police Hiring Bill, Contradicting Council Member

1. Change Washington, a “strategic communications organization” launched by a right-wing nonprofit called Project 42 in 2019, has repeatedly provided a platform for the tough-on-crime views of now-assistant city attorney Scott Lindsay (including this evocatively titled promotional piece, “Ann Davison’s Plan to Eliminate Repeat Offenders“). On Wednesday, it issued an explicit call to action on Davison’s (and Lindsay’s) behalf.

“Ann Davison Needs Your Help!” screams the headline above an blog post imploring readers to contact Davison and King County Department of Public Defense director Anita Khandelwal to support banning so-called “high utilizers” of the criminal justice system from Seattle Community Court. The link for Davison is her generic city email address; the link for Khandelwal goes to a listing for her direct phone line, effectively encouraging Davison’s supporters to harass a county employee with no control over Seattle’s community court.

“[T]he Seattle Community Court has already failed regarding these criminals, because if the program was working as intended those serial offenders wouldn’t exist, and Davison’s initiative wouldn’t be necessary,” the blog post says. (All bolds in original).

This isn’t the first time Change Washington has encouraged people to flood officials’ emails and phone lines to support an agenda directly promoted by Deputy City Attorney Lindsay. Dann Mead Smith, who heads up Project 42, credited a post Lindsay wrote on Change Washington’s website with “stopping the proposal to do away with misdemeanor crimes in Seattle by activating its list of 35,000 subscribers and flooding the council with emails and comments.”

As we reported last week, Davison’s office sent a letter to all seven Seattle Municipal Court judges asking them to overrule the community court judge, Damon Shadid, who has been negotiating with Davison’s office over her demand to exclude people from community court who meet her “high utilizers” criteria. Community court is the municipal court’s therapeutic, less-punitive option for people accused of certain low-level, nonviolent misdemeanors.

Davison’s high-utilizers list (like similar lists Lindsay has made over the years, including the “high impact offenders” list that was the basis of KOMO News’ “Seattle Is Dying” video) is made up largely of people who are homeless and those who’ve been through court-ordered evaluations to determine their competency to stand trial. Or, as Change Washington puts it, people who are “not interested in living honest lives like the rest of us even when offered a helping hand to accomplish it.”

Change Washington headlines and stories about Ann Davison and her agenda

This isn’t the first time Change Washington has encouraged people to flood public officials’ emails and phone lines to support an agenda directly promoted by Lindsay. Dann Mead Smith, the former head of the libertarian Washington Policy Center who now heads up Project 42, credited a post Lindsay wrote on Change Washington’s website with “stopping the proposal to do away with misdemeanor crimes in Seattle by activating its list of 35,000 subscribers and flooding the council with emails and comments.” (That proposal would have allowed defendants to say they committed a crime, such as shoplifting, to meet a basic human need as part of their defense; it would not have “legalized” any crimes.) Project 42’s latest corporate filing indicates the group had revenues of more than $500,000 last year.

Change Washington’s post on community court lists all seven municipal court judges’ names along with a warning: “We won’t forget their names when they’re up for reelection. The time of judges flying under the radar with regards to criminal coddling and degrading the City’s public safety is coming to an end.”

It’s possible that conservative groups will recruit challengers for municipal court judges—the entire court is up for reelection, and has a history of liberal-conservative swings—but historically, most Seattle Municipal Court elections go uncontested and largely unnoticed amid higher-profile campaigns in Congressional election years.

2. Earlier this week, Seattle City Councilmember Sara Nelson said both Mayor Bruce Harrell and Senior Deputy Mayor Monisha Harrell had given her the “thumbs up” to propose a bill that would lift restrictions on $4.5 million of the Seattle Police Department’s 2022 budget, allowing SPD to spend the full amount, or any portion of it, on financial incentives to recruit new officers. Because we hadn’t heard anything about either Harrell explicitly supporting Nelson’s contentious proposal, we reached out to the mayor’s office to hear their version of the story.

According to a Harrell spokesman, Jamie Housen, both Harrells’ conversations with Nelson about hiring incentives took place “before this ordinance was even contemplated. Councilmember Nelson informed the mayor of her plan to sponsor a resolution in support of staffing bonuses, generally. The mayor let her know she was welcome to put it forward and that doing so would not create an issue with the Mayor’s Office,” Housen said.

“Similarly, when Councilmember Nelson asked to discuss police recruiting with Senior Deputy Mayor Harrell, the Senior Deputy Mayor encouraged her to explore potential solutions to SPD staffing challenges from the legislative level, which might include incentive pay or relocation costs as potential options.”

Herbold, who chairs the public safety committee, has proposed releasing $650,000 of the restricted money to pay for relocation expenses for officers moving to Seattle from out of town and to hire a professional recruiter for SPD.

City Attorney Davison Asks Court to Let Her Deny “High Utilizers” Access to Community Court

City Attorney Ann DavisonBy Erica C. Barnett

City Attorney Ann Davison sent a letter to the entire Seattle Municipal Court on Wednesday asking the court to give her the ability to deny “high utilizers” of the criminal justice system—a group of about 120 people who have had 12 or more referrals from the Seattle Police Department to the City Attorney’s Office (CAO) in the past five years—access to community court, a therapeutic court in which defendants define their own goals, such as reduction of substance use, and participate in mandatory community service. The change would effectively make prior criminal history a factor in determining someone’s eligibility for community court.

Currently, people whose charges consist entirely of low-level misdemeanors are automatically eligible for community court, which allows defendants to access services without requiring them to plead guilty to a crime. Crimes like theft, pedestrian interference, and resisting arrest are eligible offenses; more serious misdemeanor offenses like reckless driving, harassment, and DUI are not.

For weeks, Davison’s office has been negotiating with Municipal Court Judge Judge Damon Shadid, who presides over community court, over how to treat this group of defendants. As of Wednesday, according to Davison’s letter, those discussions “have come to an impasse.” In her letter, Davison asks the judges to overrule Shadid and allow the city attorney to deny access to community court for people the city attorney categorizes as high utilizers, and to “clarify how many chances individuals get to have their cases referred to Community Court.” Currently, defendants can go through community court a maximum of four times.

In a statement responding to Davison’s letter on Thursday, the municipal court said community court was ”

founded to address the root causes behind low-level criminal activity while reducing the harm of pretrial incarceration” and “designed with the Washington State Pretrial Reform Task Force Final Recommendations report and The Vera Institute of Justice’s 2020 report front and center.” (Links in original.) The court said it was still evaluating Davison’s proposal and “will continue to work with her office and the Department of Public Defense to identify how to move forward together and create a prioritized plan for people whose needs and issues are not being addressed, and have not been addressed historically, by our criminal justice system.”

“The letter mischaracterizes Judge Shadid’s statements in the meetings (and I have been in attendance at these meetings). The letter causes me concern about the possibility for good faith negotiations with the City Attorney’s Office given the inaccuracies in their statements.”—King County Department of Public Defense director Anita Khandelwal

Davison released her letter in a press release at 8:00 Wednesday night after PubliCola obtained a copy and sent her office a list of questions about it Wednesday afternoon.

“Unfortunately, in the Community Court Steering Committee meeting last Friday, Judge Shadid insisted that he would not agree to exclude those meeting the High Utilizer criteria from Community Court and would potentially refuse to oversee Community Court if his fellow judges agreed to the changes that I have requested,” Davison’s letter to the Municipal Court judges said. “At this juncture, I am formally requesting that the full Seattle Municipal Court consider this important modification of the 2019 Community Court agreement.”

That agreement, signed by then-city attorney Pete Holmes, lays out a process for the city attorney’s office to refer defendants to community court and describes the court’s less punitive approach to misdemeanor crime. “Simply stated, this version of Community Court (with its ‘release-first model,’ voluntary referrals to services, and limited accountability mechanisms) is the wrong place for those committing repeat, high-impact criminal activity,” Davison’s letter says.

King County Department of Public Defense (DPD) director Anita Khandelwal says Davison’s letter “mischaracterizes Judge Shadid’s statements in the meetings,” which Khandelwal has attended, and “causes me concern about the possibility for good faith negotiations with the City Attorney’s Office given the inaccuracies in their statements.”

Judge Shadid, Khandelwal said, did not “insist on anything,” as Davison’s letter claims. Instead, she said, he suggested postponing any major changes to community court until July, to “allow for us to work collaboratively to develop a plan for people on the list, because the only plan that the City Attorney’s Office seemed to be putting forward involved incarceration (including overriding jail booking criteria) and traditional prosecution.”

Importantly, the 2019 agreement removed a requirement that defendants plead guilty before getting access to community court—a requirement for other alternatives to the mainstream court system, such as King County Drug Court. According to the community court rules and procedures, “An individual should not have to choose between their Constitutional rights to a trial and having the ability to access services that will help them exit the criminal justice system. Therefore, a person doesn’t have to give up trial rights to participate and gain benefits from Seattle Community Court.”

Khandelwal says community court is designed to avoid the harmful outcomes that are common in the mainstream court system, which often leads to a cycle of incarceration and disproportionately impacts people of color, unsheltered people, and people with a history of being declared incompetent to stand trial because of mental illness.

In fact, a DPD analysis found that the people on Davison’s “high utilizer” list are overwhelmingly people who fit into one or more of those three categories. Nearly six in ten have “indications of housing instability,” such as giving 77 South Washington—the Compass Center shelter in Pioneer Square—as their address. More than half (51 percent) have been through a court-ordered evaluation to determine their competency to stand trial. And 40 percent were Black, Indigenous, or People of Color (BIPOC), higher than the proportion of BIPOC Seattle residents.

“Prior criminal legal system involvement is often a result of racially biased policing, which is only perpetuated or deepened by prosecution,” Khandelwal said. “DPD worked hard with the court and CAO to develop a court that did not look at criminal history to avoid perpetuating that bias.”

“Our office does not believe that individuals meeting the High Utilizer criteria are a good fit for Community Court, where the main obligations are completing a life skills class or meeting with service providers.”—City Attorney’s Office spokesman

According to a spokesman for Davison, Anthony Derrick, the 2019 agreement “removes [the city attorney’s] prosecutorial discretion to consider prior criminal history. Because community court is a release-first model, individuals with a history of repeat criminal activity are able to immediately return to their criminal behavior without consequence. Ultimately, as this agreement is written, we have no discretion to screen out any candidates that fit the high utilizer criteria without being in violation” of the agreement.

“Without modification to this agreement, many individuals meeting the high utilizer criteria are required to be repeatedly routed through Community Court despite little to no change in their criminal activity,” Derrick said. In general, he added, “our office does not believe that individuals meeting the High Utilizer criteria are a good fit for Community Court, where the main obligations are completing a life skills class or meeting with service providers.” Continue reading “City Attorney Davison Asks Court to Let Her Deny “High Utilizers” Access to Community Court”

Male Advisor Scott Lindsay Wrote City Attorney’s “Glass Ceiling” Email Calling Council Sexist; Bus Safety Audit Finds Most Incidents Aren’t Investigated

1. An email signed by then city attorney-elect Ann Davison calling the Seattle City Council sexist for proposing new reporting requirements for the City Attorney’s Office was originally written not by city attorney Ann Davison but by her male deputy, Scott Lindsay, emails obtained through a records request show.

Davison’s office sent the email to council members and the press in response to a council bill that would have required the office to inform the council before making any changes to, or eliminating, diversion programs that allow people accused of misdemeanors to avoid criminal charges, and provide quarterly reports to the council about the effectiveness of diversion programs.

“I have drafted an email for you to send to City Council with the idea that you would send it this morning by 8:30am before you head downtown. The hearing on the bill is at 9:30am,” the email from Lindsay to Davison explains. “The concept in this email (I was planning a letter but now think email is better) is to roll up your key messages (collaboration and listening, centering victim voices, transparency and problem-solving) into one strong intro piece that also highlights your focus on real public safety problems … I think this piece is strong and unique enough that it will certainly be noticed around City Hall and may help stir media interest in your transition.”

“I have drafted an email for you to send to City Council with the idea that you would send it this morning by 8:30am before you head downtown. I think this piece is strong and unique enough that it will certainly be noticed around City Hall and may help stir media interest in your transition.”—Deputy City Attorney Scott Lindsay, in an email to City Attorney Ann Davison

The email explicitly accused the council (which is made up of six women and three men) of targeting Davison because she is a woman. After describing the “unique barriers to women in the legal profession,” the email suggests the council was applying a “double standard”  based on Davison’s sex—one that sent a troubling message to “our daughters who may one day seek elected office.” (The line about daughters was not in Lindsay’s original email.)

“In the over 100-year history of the City Attorney’s Office, none of my male predecessors faced a single preemptive move by Council to establish additional reporting requirements and restrictions on operations in the two months before they took office. Nor did Council show any interest in scrutinizing the limited data provided by my predecessor,” Pete Holmes, the email says.

City council public safety committee chair Lisa Herbold responded earnestly to the email, noting that the council passed similar reporting requirements while Davison’s predecessor, Pete Holmes, was in office. “I’m sorry that the reporting bill has been received in this spirit. I do not believe it was the sponsors’ intent, nor was it mine in voting in favor of the bill,” Herbold wrote.

The council ultimately passed the bill, but changed the language; instead of requiring Davison’s office to let the council know before making changes to existing diversion programs, it requires the city attorney’s office to inform the council within 90 days after the changes are made. The legislation also required the office to report back once a quarter on changes to pre-booking diversion programs.

2. An audit of accidents and other safety incidents at King County Metro found that the agency fails to investigate the vast majority of incidents, leading to data gaps and negatively impacting the transit agency’s ability to train drivers and prevent dangerous incidents in the future.

“Metro Transit dedicates most of its analysis to incidents where there was damage or injuries reported and that the operator may have been able to prevent,” the audit found. “Once an incident is determined to be non-preventable or less severe, Metro Transit does not take additional steps to analyze or respond to its context or causes.” Continue reading “Male Advisor Scott Lindsay Wrote City Attorney’s “Glass Ceiling” Email Calling Council Sexist; Bus Safety Audit Finds Most Incidents Aren’t Investigated”

City Attorney Davison’s Plan to Clear Case Backlog Includes Dismissing Nearly 2,000 Low-Level Misdemeanors

City Attorney Ann DavisonBy Erica C. Barnett

City Attorney Ann Davison’s office announced Davison will decline to prosecute nearly 2,000 misdemeanor cases referred by the Seattle Police Department as part of an effort to eliminate what she has described as a 5,000-case backlog left over by her predecessor, Pete Holmes. “In order to maintain close-in-time filing for present day cases, some cases from the backlog will be declined, including those involving: Property Destruction, Theft, Criminal Trespass, and Non-DUI Traffic,” the announcement from Davison’s office says.

A spokesman for Davison, Anthony Derrick, said the cases are, on average, 334 days old, “making them very difficult—and in some cases impossible—to prosecute.”

The city attorney’s office will prioritize the remaining cases according to the severity of the charges: “Crimes against persons” such as domestic violence and sexual assault, followed by misdemeanors involving firearms, DUIs, people who meet the criteria of the office’s “high utilizer initiative,” which identified 118 people with 12 or more misdemeanor referrals, and anyone with three or more cases in the backlog. The city has repeatedly announced initiatives to target so-called “prolific offenders” for enhanced prosecution, raising concerns from public defenders who argue that punitive approaches do not lead to rehabilitation or long-term public safety.

Earlier this year, Davison announced she would speed up filing decisions on misdemeanor cases, saying that “the best way to interrupt crime happening on the streets today is by quickly and efficiently moving on the cases referred to us by the Seattle Police Department.” On the campaign trail in 2020, Davison vowed to aggressively prosecute misdemeanors, accusing her opponent, Nicole Thomas-Kennedy, of wanting to legalize crime. On her campaign website, Davison said Thomas-Kennedy believed that “if we stop prosecuting misdemeanor crimes … such an approach would magically make crime disappear.”

Davison’s criminal division director, Natalie Walton-Anderson, struck a markedly different tone in her statement about the decision to decline almost half the cases that make up the backlog. “Simply filing every case would not resolve the backlog,” she said. “[T]he court system cannot handle an influx of cases of this magnitude all at once.”

Derrick, Davison’s spokesman, said the office doesn’t “anticipate that another mass decline will be necessary to clear the backlog by the end of the year”; he added that the decision to decline low-level misdemeanor cases only applies to the backlog, not future cases.

According to today’s announcement, the criminal division of Davison’s office is now “fully staffed.” However, the office plans to ask the city council for extra mid-year funding to hire more staff to address the backlog. The office is scheduled to present their approach to addressing the backlog to the council’s public safety committee next Tuesday.

Harrell Touts Arrests at Longtime Downtown Hot Spot in “Operation New Day” Announcement

City Attorney Ann Davison touts "arrests and prosecutions" as a path to addiction recovery at a press conference on the city's latest targeted policing action.
City Attorney Ann Davison touts “arrests and prosecutions” as a path to addiction recovery at a press conference on the city’s latest targeted policing action, Operation New Day.

By Paul Kiefer

The Seattle Police Department moved a black van known as the “mobile precinct” to the intersection of Third Ave. and Pine St. in downtown Seattle on Thursday morning, scattering the dozens of people gathered there to buy and sell drugs and stolen merchandise.

While the move came a day after the second fatal shooting at the corner in less than a week, the department had started preparing to clear the intersection weeks earlier—the second phase in a crackdown on crime “hot spots” announced by Mayor Bruce last month. That campaign, called Operation New Day, began two weeks ago, when police cleared a similar site at the intersection of 12th Ave. S. and S. Jackson Street in the Little Saigon neighborhood; the mobile precinct van was parked at that intersection until Thursday, when it moved downtown.

On Friday morning, Harrell convened a press conference to tout the first results of Operation New Day, including dozens of arrests. Interim SPD Chief Adrian Diaz stood beside him, as did City Attorney Ann Davison, King County Prosecutor’s Office Chief of Staff Leesa Manion, and two federal law enforcement officials: Nick Brown, the new US Attorney for the Western District of Washington, and Frank Tarantino, the head of the Drug Enforcement Agency’s Seattle office. Leaders from Seattle’s social service providers, who Harrell has promised will eventually become partners in his push to target “hot spots,” were notably absent. No one from the Seattle City Council was at the press conference.

Service providers and non-police responders were a footnote in Friday’s press conference, which centered on the arrests and prosecutions tied to Operation New Day

The stretch of Third Ave. between Pine St. and Pike St may be the most persistently troubled block in Seattle. For at least the past three decades, mayoral administrations have attempted to stem crime on the block by increasing the number of police officers in the area. One such effort in 2015, called “the Nine and a Half Block Strategy,” succeeded in reducing the number of drug-related 911 calls in a small area surrounding Westlake Park, though calls increased dramatically in practically every neighborhood within walking distance of the park during the same period. After a shooting during rush hour in January 2020 killed one person and injured seven others, SPD scaled up its presence on the block once again, only to pull back once the COVID-19 pandemic began two months later. Each time, a market for stolen goods and narcotics reappeared on Third and Pine.

Harrell said that he planned to avoid the mistakes of earlier mayors—and to “revitalize” intersections like 12th and Jackson for the long term—in part by relying on outreach workers and service providers, who he believes will be able to direct homeless people living at or near targeted intersections to substance abuse treatment or housing. “We can’t arrest and jail our way out of this,” Diaz added. So far, no social service providers are involved in Operation New Day; the city relied on police alone to clear both 12th and Jackson and Third and Pine, though diversion groups like LEAD already do outreach near Third and Pine.

Before bringing the social service component of the operation online, Harrell said that his office is “doing an inventory of community-based organizations that are recipients of city funds to make sure they’re aligned with our vision.” He did not specify what “doing an inventory” would entail, nor would he specify which organizations they’re considering for the task—or what traits would disqualify an existing service provider from working on Operation New Day.

City Councilmember Andrew Lewis, who represents downtown and chairs the council’s committee on homelessness, told PubliCola on Wednesday that he sees one clear choice for an outreach provider: JustCARE, a pandemic-era cooperation between several social service providers that provides shelter and wraparound care to people who have previously interacted with the criminal justice system.

“I want to be sure we aren’t trying to reinvent the wheel here,” he said, “because we have something that works and works well.” Lewis said he’s willing to be patient as Harrell considers options for incorporating service providers into Operation New Day, although he said he will be concerned if the mayor’s office hasn’t made a decision by the time JustCARE’s contract with the city expires at the end of June.

But non-police responders were largely a footnote in Friday’s press conference, which centered on the arrests and prosecutions tied to Operation New Day. Since January 21, SPD arrested 16 people for felonies—especially commercial burglary, illegal gun possession and narcotics offenses—at 12th and Jackson; nine of those people were later released by King County judges after their first court appearance. Some will face federal charges. The US Attorney’s Office has already filed charges against three people arrested in Little Saigon as part of Operation New Day and is reviewing the case of a fourth, a man initially arrested at 12th and Jackson who was released and subsequently re-arrested at Third and Pine. Continue reading “Harrell Touts Arrests at Longtime Downtown Hot Spot in “Operation New Day” Announcement”

City Attorney Will Speed Up Case Filings, 21 Homeless Men Died in January Cold, Democrats Propose Sales Tax Holiday

1. Seattle City Attorney Ann Davison announced Monday that her office will begin deciding whether to file charges in misdemeanor cases within five business days of receiving a referral from law enforcement. In a statement, Davison said the move is necessary to prevent her office’s current 5,000-case backlog from growing.

“The best way to interrupt crime happening on the streets today is by quickly and efficiently moving on the cases referred to us by the Seattle Police Department,” Davison said. The strategy began as a recommendation from Brian Moran, who previously worked for three state attorneys general and as the US Attorney for Western Washington. Moran joined the City Attorney’s Office last month, in part to advise Davison on how to manage the backlog of criminal cases.

Speedier filing decisions could create some logistical challenge further downstream in Seattle’s criminal legal system. The COVID-19 pandemic has limited the Seattle Municipal Court’s capacity to hold hearings, and each misdemeanor case may require multiple hearings. The court has the capacity to hold two trials a week, and in recent months, it has averaged only one trial per week.

Meanwhile, King County jails are facing a staffing shortage, exacerbated by a recent outbreak of COVID-19 among staff and inmates, that has prompted the union representing King County’s corrections officers to raise the alarm about unsafe and inhumane living and working conditions for inmates and staff. While misdemeanor defendants make up a small portion of those incarcerated in King County jails, an uptick in the number of misdemeanor charges filed by the City Attorney’s Office could also increase the number of people held in jail while awaiting a hearing on their misdemeanor charges.

2. Last week, records released by the Seattle Medical Examiner’s Office revealed that 21 men experiencing homelessness died outside or in public in January 2022, the largest number since the previous high of 30 in December 2020.

Women In Black distributed a list of the people who died unsheltered during January last week.

Of the 21, four died of confirmed hypothermia, and another died from carbon monoxide poisoning in his car, a cause of death that indicates he was trying to stay warm. All five of these deaths occurred the week after Seattle and King County closed their severe weather shelters closed their severe weather shelters on the morning of January 3. During the week after the winter shelters closed, overnight lows in Seattle ranged from 32 to 38 degrees.

Twelve of the 21 men died of confirmed overdoses, according to the medical examiner.

3. To ease the burden Washington’s regressive sales tax puts on low-income and working-class people, House Democrats proposed a bill that would create a “sales tax holiday” during Labor Day weekend this year.

If passed, shoppers would be exempt from paying sales taxes when they purchase school supplies, clothes, over-the-counter drugs, computers and similar electronics, and other qualified products under $1000 during the three-day holiday.

Rep. Dave Paul (D-10, Whidbey Island) sponsored the bill. He told the House Finance Committee at a public hearing that back-to-school shopping “makes September a very lean month” for “working and needy families” and a sales-tax holiday is a way to reduce the negative financial impacts. Continue reading “City Attorney Will Speed Up Case Filings, 21 Homeless Men Died in January Cold, Democrats Propose Sales Tax Holiday”

Prosecutor Dan Satterberg to Retire, More Fallout From No-Bid Encampment Cleanup Deal, US Attorney Joins Davison Team

1. King County Prosecuting Attorney Dan Satterberg announced on Friday that he will not seek reelection in 2022, bringing an end to 37-year career in the King County Prosecutor’s Office, including four terms as the elected prosecutor.

In the 15 years since he was first elected, Satterberg has gradually shifted the attention of his office toward alternatives to prosecution. Those efforts included supporting diversion programs for people arrested for drug offenses years before a state supreme court decision overturned Washington’s felony drug possession laws in February 2021. Under Satterberg’s leadership, the prosecutor’s office also launched a sentencing review unit as part of an effort to remedy excessively long prison sentences.

Under Satterberg, the prosecutor’s office has participated in a push to scale back the use of juvenile detention in the county, relying on both diversion programs and an overall decline in juvenile crime. However, Satterberg has opposed closing down the county’s juvenile jail, and has voiced skepticism about efforts to reform Washington’s juvenile sentencing laws. In December 2020, Satterberg tried to appeal a pair of Washington State Supreme Court decisions expanding judges’ discretion to consider the age and maturity of juvenile offenders as mitigating factors when sentencing or re-sentencing them; the US Supreme Court later declined to hear Satterberg’s appeal.

Satterberg’s support for diversion programs has drawn the ire of some law enforcement allies, who blame his increasing focus on alternatives to detention for a recent rise in violent crime. But criticism has come from both sides: During the 2018 election, he faced a challenge from public defender Daron Morris, who criticized Satterberg for participating in a county-wide crackdown on sex work.

Since the start of the pandemic, Satterberg’s office has faced a backlog of felony cases fueled by court closures and staffing shortages. At the same time, law enforcement agencies across King County referred nearly a quarter fewer felony cases to the prosecutor’s office in 2021 than the pre-pandemic average, adding to an overall decline in the number of charges the office files each month in court.

In the final year of his term, Satterberg plans to expand a diversion program for first-time property crime felonies to serve adults, in addition to those younger than 18.

Satterberg’s chief of staff, Leesa Manion, announced her intention to run for Satterberg’s position in November. Manion is the first person to announce their candidacy for the office, and she follows in Satterberg’s footsteps: Before he led the office, Satterberg was the chief of staff to the late King County Prosecutor Norm Maleng.

King County Councilmember Rod Dembowski also filed his candidacy for the position on Friday, as did Federal Way Mayor Jim Ferrell.

2. The Seattle Parks Department issued a violation and ordered re-training for the head of its encampment cleanup team after the employee approved a no-bid, no-contract deal to pay a company owned by a current city employee to remove trash from encampments, in violation of city contracting policy.

PubliCola learned of the violation from documents obtained through a records request. The notice of violation also raises questions about whether crew members for-owned company, Fresh Family LLC, paid its workers prevailing wages, a requirement for city contracts. According to a spokeswoman for the parks department, the prevailing wage for encampment cleanup crew members is $54.62 an hour; the department “is working to clarify whether Fresh Family failed to pay prevailing wages,” adding that “there was some discrepancy related to prevailing wages that SPR is working to address.”

Fresh Family’s owner, Debbie Wilson, is a former Parks Department employee who now works for City Light; the company received at least $434,000 in payments from the city over two months, according to invoices provided in response to PubliCola’s records request. The most recent invoice is for work performed on November 30, the day before PubliCola contacted Parks to ask about the company and three days before we ran a story about the unusual no-bid, no-contract deal.

Ordinarily, companies that do encampment cleanups are hired through what’s known as a blanket contract; when the Parks Department hires a company to remove an encampment or clean up garbage or other waste, they are required to choose from a list of companies that are included in this blanket contract.

The department can hire companies that are not on the list under one of two circumstances: If a contract is under $55,000 (which requires soliciting at least three bids), or if none of the companies on the list are available to do the work. Neither of these conditions were met when the city hired Fresh Family LLC to do encampment cleanup work during October and November.

According to the Parks Department spokeswoman, the department “will be providing this employee [Waters[ with a training that covers the full contracting process: vendor selection, contract creation, direct payment, coding, invoicing, and all city policies pertaining to the contracting process. This is a training that is given to staff periodically and again to specific staff when needed.”

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3. Seattle City Attorney Ann Davison announced on Friday that she has hired former US Attorney Brian Moran to help her office process a backlog of more than 4,000 misdemeanor cases and to advise her on “near term criminal priorities.”

Former President Donald Trump appointed Moran to serve as the US Attorney General for the Western District of Washington in 2019, with support from Washington Senators Patti Murray and Maria Cantwell during his confirmation process. At the request of the US Department of Justice, Moran resigned from his post in February 2021 alongside 54 other Trump-era US Attorneys.  Continue reading “Prosecutor Dan Satterberg to Retire, More Fallout From No-Bid Encampment Cleanup Deal, US Attorney Joins Davison Team”