“Mark43 Recorded Diversion” refers to all completed referrals police made through arrests; LEAD also gets some referrals that don’t come from SPD.
Barnes allowed that LEAD was better than “no diversion at all,” while Councilmember Rivera said the city has already “thrown a lot” of money at the program.
By Erica C. Barnett
Police Chief Shon Barnes questioned the value of LEAD, the city’s main criminal justice diversion program, at a city council committee on Monday—saying the program could not, on its own, “deliver the level of order, safety and visible presence that residents, businesses and visitors believe should be indicative of a major US city.” For 15 years, LEAD has provided services as an alternative to arrest and incarceration; the model, which includes long-term case management, harm reduction, and connections to housing and treatment, has been replicated around the country and is considered a best practice for minimizing people’s involvement in the criminal legal system.
Since 2023, police have had the power to arrest and charge people with a gross misdemeanor for possessing or drugs or using them in public. That year, a new state law made drug use or possession a gross misdemeanor, rather than a felony, in response to a 2021 state supreme court decision called State v. Blake that overturned existing laws that classified possession and public use as felony crimes.
Between 2024 and 2025, according to a staff presentation during the council’s public safety committee on Tuesday, LEAD diversions for people arrested for possession or public use declined almost 37 percent—from 173 to 109—while charges filed by police officers more than doubled and attempted jail bookings increased by 191 percent. (This number includes both jail bookings and people the jail declined to book because of medical and other issues). Misdemeanor drug use and possession cases made up just under half of all drug arrests.
This is not the outcome local leaders said they hoped for when they adopted the law in 2023. In an executive order that accompanied the new law, then-mayor Bruce Harrell directed SPD to adopt a policy that directed officers to divert drug users into LEAD or other programs whenever possible, rather than arresting them. That policy says, “When an arrest is warranted, sworn employees should prioritize diversion in lieu of booking.”
In general, the numbers show, police have continued to routinely arrest and book people using drugs in public rather than sending them to LEAD.
Both the new law and the executive order gave individual police officers the ultimate authority to decide whether to arrest someone or refer them to LEAD, based partly on whether they decide a person is posing a “threat of harm” to anyone in the public. (LEAD can also take referrals after an arrest).
The way SPD’s policy defines a threat of harm gives police a lot of discretion to decide whether they think someone is causing harm. But it specifies that any time a person is using drugs near a bus or rail stop, school, or park, a threat of “harm will be presumed.”
Seattle Police Chief Shon Barnes said the list was almost too expansive. “A very important policy decision will have to be made whether or not officers can [arrest] people using drugs” when they witness it, “and whether or not we can make that arrest without having to go through the checklist,” Barnes said.
Barnes and acting Assistant Chief Rob Brown told the committee that they respected LEAD and planned to continue diverting people to the program. In “many cases,” Barnes said, LEAD “is better than having what we’ve always done, which is no intervention at all. But it’s also important to be clear-eyed about what the program can and cannot accomplish and whether it’s meeting the expectations of the people who live, work and visit the city.”
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LEAD was started in Belltown in 2011 and has expanded in size and scope many times since, so it’s inaccurate to say that the city has “always” done “no intervention at all.” Barnes, previously police chief in Madison, Wisconsin, was appointed chief by Harrell last year.
Brown, who was previously the commander of SPD’s South Precinct, said he was particularly interested in holding people accountable who engage in what he called “defiant” drug use—that is, drug use in highly visible places that make residents and customers “very uncomfortable.” These “defiant” users, Brown said, “feel like they’re entitled to consume. … I understand that [for] somebody who is an addict, that jail alone, by itself, is not necessarily going to help them get to moving beyond their addiction. But what I do want to see is behavior change for this type of defiant, open consumption.”
In a separate presentation, Purpose Dignity Action’s Lisa Daugaard, who launched LEAD in Belltown 15 years ago, said funding for the PDA-run program hit “a high-water mark” in 2022 and has been declining ever since, reducing LEAD’s capacity to take on new clients.
After a LEAD staffer described an analysis that showed people do better the longer people they stick with LEAD, Councilmember Maritza Rivera said she wasn’t convinced the program was doing enough to impact visible drug use and disorder. “I appreciate that it can take up to two years to get someone to accept services and get toward a path of recovery,” Rivera said, but businesses can’t wait that long to see improvements. “It taking two years to help someone get off of 12th and Jackson is not helping that small business be able to stay in business and stay open,” she said.
“I don’t mean any disrespect by this,” Rivera continued, “but everyone comes here and says, if we had more money, it would be different. … “You know, we have thrown a lot [of money at LEAD]—I mean, PDA gets $20 million from the city.”
“We’re in a budget deficit. So are there other things that we can do to address the problem? … Because I don’t know that we have more money that we can put into it.”
Last year, Rivera voted along with the rest of the council to increase the police department’s budget by $35 million, including millions for to expand SPD’s camera surveillance program into additional neighborhoods. That amount will grow this year even in he absence of new programs, as officers that received raises of 42 percent over the past five years get raises on top of their new higher salaries.
Sandeep and I sat down with new Seattle City Attorney Erika Evans and Law Enforcement Assisted Diversion founder Lisa Daugaard on this week’s episode to talk about changes Evans is making to the way the city handles low-level drug cases.
Under Evans’ Republican predecessor, Ann Davison, people arrested for simple drug possession or using in public were either jailed and prosecuted or sent to a “drug prosecution alternative” where they have to get an assessment to confirm they have an addiction and stay out of trouble for six month.
Evans directed her prosecutors to go back to the pre-Davison policy of reviewing people’s cases to see if they’re eligible for LEAD, the city’s pre-filing diversion program. In response to this reasonable directive, Police Chief Shon Barnes told his officers that going forward, officers had to refer every drug case to LEAD—an overstatement that led to a right-wing media freakout when police guild director Mike Solan claimed Mayor Katie Wilson had ordered an end to all drug arrests.
Evans and Daugaard set the record straight, explaining what LEAD does, who it’s for, and how they believe this policy shift will actually help people addicted to fentanyl who use in public—which, they both reminded is, is encoded in the 2023 “Blake fix” law that empowered the city attorney to prosecute minor drug cases in the first place.
“What we’re doing is not anything inconsistent with what the law has already recommended for our office to be doing,” Evans told us. “But nothing’s off the table. If someone is not making meaningful progress with LEAD or in diversion, then we do reserve the right to do traditional prosecution.”
We also discussed ICE’s killing of Renee Good in Minneapolis and what the city can do if Trump sends masked shock troops to Seattle. And we asked Daugaard, who co-founded Purpose Dignity Action and started LEAD, why she’s taking a leave of absence to work inside the Wilson administration.
D. Williams, a LEAD program participant, in his tiny home in North Seattle.
While Seattle’s outgoing mayor and city attorney credit drug arrests and prosecutions, public health evidence suggests other causes.
By Andrew Engelson
Fatal overdoses have declined for two years in a row in Seattle—a sliver of hope in the ongoing opioid epidemic. Mayor Bruce Harrell has claimed greater enforcement of the city’s drug laws has saved lives. Others, including health experts at King County, argue that evidence-based public health approaches should get the credit.
According to Public Health Seattle & King County, the number of fatal drug overdoses in King County has declined 31 percent since hitting a peak in 2023. So far in 2025, the county has confirmed 796 fatal overdoses, including 564 that involved fentanyl—a slight dip since this time in 2024, following a decline of about 22 percent between 2023 and 2024.
Harrell’s office credited a 42 percent increase in felony drug dealing arrests by the Seattle Police Department, along with new programs that have increased access to treatment and buprenorphine, for lowering the number of overdoses.
“Our comprehensive approach to the fentanyl crisis is showing real results, helping keep our neighborhoods safe,” Harrell said in a statement. “We are aggressively targeting and arresting the drug traffickers and dealers who bring these deadly poisons into our city, and I am grateful for our strong partnership with King County prosecutors in holding offenders accountable.”
But Brad Finegood, who leads the public health department’s opioid and overdose response, said the drop in fatal overdoses in King County is likely due to a multi-pronged public health effort across the county that includes increasedaccess to injectable buprenorphine, a drug that helps suppress cravings for more dangerous opioids like fentanyl, and a massive campaign to distribute the overdose reversal drug naloxone.
While the decrease is encouraging, Finegood said the numbers are “still at an unacceptable number, and they could go back up real easily.”.
Data as of November 25, 2025.
It’s been two years since the city of Seattle passed a law making it a misdemeanor to possess illegal drugs or use them in public (previously, possession was a felony that the King County Prosecutor’s Office generally declined to prosecute). SPD has used the law to refer about 800 people arrested for minor drug offenses into the LEAD diversion program, which offers people accused of low-level offenses a way to avoid charges and access services. About 500 of those referrals 500 came about as the result of an arrest; the other 300 were “social contact” referrals, in which police officers refer someone to the program without an arrest.
Meanwhile, outgoing City Attorney Ann Davison’s office prosecuted 215 people under the new drug law between October 2023 and January 2025. Last month, the King County Department of Public Defense (DPD) published a report critical of the law, finding that of the 215 people prosecuted using the law since October 2023, only six completed treatment or received a substance use assessment.
Drug policy in Seattle will likely look much different in the next four years under progressive mayor-elect Katie Wilson, who campaigned on a public health-focused approach to the fentanyl crisis, and under former prosecutor Erika Evans, who will be replacing Davison, a Republican, as city attorney. Evans says she wants to significiantly reduce the number of people prosecuted for drug use and possession and to “bring back a reimagined community court”—a therapeutic court Davison dismantled in 2023.
Evans called the fact that just six people prosecuted under the drug use law went through treatment or evaluation a “huge failure.”
“As the next city attorney, [I’m] going to be working to expand our partnership with LEAD to make sure folks that are dealing with substance use disorder are getting connected with services and treatment,” she said.
D. Williams is just one of many people who turned his life around thanks to LEAD.
Williams, who asked PubliCola to use only use his first initial and last name, lives in a cozy 10 foot-by-10 foot shelter at Catholic Community Services’ Junction Point tiny house village in north Seattle. After serving jail time for convictions on possession charges and violating a no-contact order, Williams was in a bad state.
“It was all bad: homeless, addiction,” Williams said. “Lack of self-worth. A lot of hatred.”
After five people close to him died in close succession, Williams decided he needed to make a change.
In the summer of 2024, Williams asked an officer for a social contact referral to LEAD. He was connected with Casey Pham, a case manager at Evergreen Treatment Service’s REACH program, and started treatment. But like many drug users, Williams only stayed for a few days before leaving the program and going back to using. “I was really sick, real bad,” Williams says of his experience of withdrawal. “But I kept pushing. I kept being persistent.”
Williams said that each time he relapsed, he regretted it. “Every time I did it again, it was with that much more hatred inside of me, and that’s a heavy burden to carry.”
Another time when he sought treatment, William was told he’d need to wait 14 days for an opening. He told the organization, “I don’t know if I’ll even be here. I can’t wait that long.”
Despite the barriers, Williams eventually completed treatment, and though his path to recovery still has its ups and downs, he has a roof over his head and is attending computer science classes at North Seattle College. “I feel much better. I can lift my head up now,” he said. “I don’t have to walk around with that shame on my back.”
But the fact that the city attorney’s office still prosecuted 215 people was a waste of resources, DPD contends.
Katie Hurley, special counsel for criminal practice and policy at DPD, said many of the people who end up getting prosecuted for drug misdemeanors were arrested for possessing “incredibly small” amounts of drugs.
In April, according to Seattle Municipal Court records, SPD arrested a man at 12th Ave. S and S Jackson St.—a longtime hot spot for drug activity—and was charged him with possession based on traces of drugs, tin foil, and a straw. The police report did not mention any attempts at diversion.
Also in April, a man who had previously been found incompetent to stand trial on an unrelated charge was arrested for smoking an unidentified substance. Despite his previous evaluation, Davison’s office charged the man, and two weeks later he was found incompetent to stand trial. He received no referral to LEAD or services.
Last September, another man was arrested at 12th and Jackson for allegedly smoking an illegal substance. He was booked into jail and charged, but later the case was dismissed for lack of evidence.
“It’s an obscene use of resources,” Hurley said. “It’s very dehumanizing that we’re going to lock a person like this up, considering the amount of resources it takes.”
Tim Robinson, a spokesman for the city attorney’s office, pointed to the city attorney’s new Drug Prosecution Alternative (DPA) program that debuted in August, which offers people a chance to avoid prosecution if they get evaluated for substance use disorder. So far, 34 out of 70 people who received offers to participate in the program have chosen to do so, Robinson said.
DPA participants must agree to a “stay out of drug area” (SODA) order, which banishes a person accused of breaking the city’s drug laws from specific areas; violating a SODA order is a separate misdemeanor.
Evans, the incoming city attorney, said that Davison’s drug prosecution alternative is “pretty ridiculous” because it requires people who are using fentanyl to get an evaluation to see if they have a drug problem. “If they get charged with smoking fentanyl, all that’s required is for them to agree to a SODA order placed on them, and then having to get an assessment that tells them whether or not they have a fentanyl addiction. That is wasting our public dollars.”
The city attorney’s office disagrees, claiming the approach has improved public safety. “Drug overdoses in Seattle have declined since the law was enacted and the areas hit hardest by open-air drug markets have seen some meaningful improvement,” Robinson said. “There is more work to be done, but Seattle is safer today than it was four years ago as measured by crime statistics and public opinion polls.”
Items SPD recovered from a felony drug bust (photo via Seattle Police Department).
In September, SPD’s blog featured a flurry of posts about drug seizures and arrests, with accompanying photos of baggies of drugs, cash, and confiscated guns—part of the surge of felony arrests that Harrell said contributed to the recent reduction in overdose deaths.
But a closer look at the cases reveals that many of these arrests were for small-time deals by people who are likely drug users themselves.
A post on September 29 celebrated SPD arresting a 34-year old man found with a “handgun, $203 cash, and 0.9 grams of Fentanyl.”
A post on September 24 described the arrest of a man on First Hill who had a gun and about 147 grams of cocaine, meth, fentanyl and heroin (about the weight of a deck of cards) who was booked into jail on gun and narcotics violations.
Another September post officers nabbing a suspect and confiscating a whopping $62 in cash, 4 grams of meth, and a set of brass knuckles.
SPD did not respond to requests for comment on the increase in drug distribution arrests.
Evidence suggests that disrupting the illicit drug supply can actually lead to an increased risk of overdose, as drug users switch to lesser-known dealers who may be selling a more toxic supply.
Nabarun Dasgupta, a senior scientist at the University of North Carolina whose work on harm reduction earned him a 2025 MacArthur Foundation “genius” award, said attributing the decline in overdoses to arrests “seems really naive.”
“There’s no reliable evidence that drug seizures of this magnitude lead to declines in overdose,” Dasgupta said. A peer-reviewed study of trends in drug arrests and overdose rates in Indianapolis, published in the American Journal of Public Health in 2023, found that on average, one week after a police drug seizure, the number of fatal overdoses doubled within a 500 meter radius of the arrest.
“I think the way to interpret these data [about overdoses in Seattle] more scientifically is that overdoses are dropping despite the felony arrests,” said Dasgupta, who was involved in the Indianapolis study. “It’s not the other way around.”
Lisa Daugaard, the co-director of Purpose Dignity Action and creator of the LEAD program (for which she, too, received a genius grant) said it’s ineffective to focus on small-time drug dealers, pointing to research by Dasgupta and other scientists.
“Disrupting harmful dynamics has an obvious superficial appeal, but in a time of ultra-toxic illicit drug supply, many interventions that seem appealing actually are counterproductive,” Daugaard said.
Dasgupta, who worked with harm reduction experts in Seattle while conducting his research, says the decline in Seattle’s fatal overdose rate is likely the result of four trends that are happening across the country. First, he says, illicit drug manufacturers are making the drug supply less toxic by improving quality. “This is a market correction, independent of any law enforcement action,” Dasgupta said.
Second, Gen Z is less inclined to use opioids than its predecessors. “We have a million and a half kids who lost parents, uncles, aunts and grandparents to an overdose in the United States,” Dasgupta said. “That experience of going to those funerals, I guarantee you, is way more likely to change their behaviors and attitudes towards opioids than any educational campaign.”
Third, Dasgupta said, drug users have learned not to use alone, and when they have the resources available, to get their drugs tested for potency.
And fourth, Dasgupta credits “all the community-based interventions that are going on. Clinic-based interventions have greatly expanded availability of addiction treatment as well as naloxone, especially having that be accessible with as little red tape as possible.”
The county public health department is on pace to double the amount of naloxone it distributes through community-based organizations in 2025 over last year, with 30,000 doses distributed in the first half of this year. The department has also trained more than 2,700 people in how to administer naloxone since 2024. In addition, the agency has installed vending machines with free naloxone at five sites across the county.
Finegood says community groups have reported back to Public Health that naloxone from those vending machines have reversed at least 800 overdoses, and 85 percent of drug users told county researchers that they now keep naloxone around when they use.
Making treatment and medications available to those who want to quit using or reduce their drug use has also been a priority, Finegood said. “We’re continuing to work on lowering those barriers so people can provide access.”
A fleet of methadone vans run by the county are helping bring treatment closer to where people typically use drugs.
And in August, the Downtown Emergency Service Center opened the Opioid Recovery & Care Access (ORCA) center, which provides 24/7 care to people recovering from overdoses.
Public Health, Finegood said, has also made an injectable version of buprenorphine much more accessible by setting up a hotline where users can easily and immediately get a prescription when they’re ready. Finegood also praised the city’s first-in-the-nation pilot buprenorphine program, in which Seattle Fire Department paramedics can administer the drug after overdose to anyone who requests it.
Kristin Hanson, a spokeswoman for the Seattle Fire Department, said first responders have administered 160 doses of buprenorphine since the program began in 2024.
Finegood says continuing to focus on making access to treatment easier has been a key pillar in Public Health’s efforts to stop the deaths. “We need to continue to do what we know is working, and what evidence shows is working: which is lowering barriers to care,” he said. “Because people want care, people want help. We should be giving people access to care when they’re in a place where they’re willing to receive it, and giving them what they want.”
At the city council’s first meetings on Mayor Bruce Harrell’s proposed budget this week, Councilmember Maritza Rivera repeatedly suggested that she has not gotten sufficient information, since joining the council last year, about several programs the city funds that are designed to help people living unsheltered or in crisis. Rivera has opposed some of the
On Thursday morning, Rivera suggested it might be premature to expand the city’s CARE Department, which responds to 911 calls, and the related CARE Team, which responds to a limited subset of emergency calls alongside police and can take over those calls once police sign off. As we’ve reported, the CARE Team is set to sign a new agreement with SPD that will allow it to respond to calls without police in tow, and expand the types of calls team members, who are social workers, are allowed to respond to.
The city expanded CARE to 24 people last year, the maximum allowed under the agreement with SPD that expires at the end of this year. A proposed 0.1 cent sales tax would increase that number to 48, on the assumption that the new agreement will allow the expansion.
“I don’t know how well that expansion is going,” Rivera said. “I know there are issues underlying all of that. Nevertheless, we are not done with this full year and the proposal in this budget is to go from 24 to 48… and I have not seen any information about the work that CARE is doing that warrants the expansion,” given that the 2025 budget year isn’t over yet.
Largely in response to council questions, CARE launched a detailed data dashboard, currently accessible only the city’s internal network (to which Rivera has access) earlier this year. CARE has also repeatedly presented data and results to the council and publicly answered their questions.
Rivera did not raise similar concerns about a lack of data when the council approved an expansion of live police cameras into several new neighborhoods earlier this month. The council started discussing that expansion in late July, just weeks after SPD turned on new surveillance cameras in three initial “pilot” neighborhoods. The pilot program added almost $6 million to the 2025-2026 budget along with 21 new positions at SPD; the new budget anticipates SPD will need to hire another nine people to staff the surveillance center, and cost around $500,000 on cameras alone. A majority of the council, including Rivera, green-lit the surveillance expansion without any data showing that the cameras helped SPD solve or stop crimes that would have gone unaddressed without the cameras.
Later in the day, Rivera said she also didn’t have enough information to know whether LEAD and CoLEAD, two programs run by the nonprofit Purpose Dignity Action, were worth the funding provided in the mayor’s budget, which includes about $15 million for LEAD pre-booking diversion and $5 million for the CoLEAD encampment resolution program. That money, Rivera observed, is enough to “fund an actual department,” like the Office of Arts and Culture.
“I just want to make sure I understand how well we’re doing with diversion services,” Rivera said. “I just don’t feel, since I got here last year, that I have that information that I can really speak to. How really are we helping people? I understand there’s a lot more people in the system. Ideally we’d be people should be going into recovery, and then we’re taking up new people. I don’t necessarily think that’s happening, but I don’t want to be unfair, so I just need more information.”
Andrew Myerberg, Harrell’s chief of staff, said the people LEAD and CoLEAD work with, who are often homeless and involved in the criminal legal system, don’t just “go into recovery” and cycle out; their complex needs can take years to address, and relapse is common. LEAD, founded in 2021, is an internationally renowned diversion model that has been implemented around the world, while CoLEAD has been widely praised as the most successful approach to addressing unsanctioned encampments by permanently housing people living in state-owned rights-of way.
Speaking more broadly, Rivera said she was not “supportive of Housing First”—programs based on the premise that housing is a necessary, if not sufficient, condition for long-term stability, health, and recovery—because “I don’t think it’s fair. … They’re not going to be able to stay housed if they don’t have the treatment services.” This reflects a misunderstanding that has become a talking point among the right across the country—that “housing first” means “housing only,” and that programs like LEAD simply dump people in empty houses and leave them there to rot.
On Friday, Rivera appeared eager to reignite her efforts last year to gut the city’s Equitable Development initiative, which helps fund community-based efforts by small, often first-time, developers to help their projects get off the ground. Last year, Rivera proposed legislation that would have frozen all new funding for the program and required the community groups it funded to spend down every penny they received from EDI by the end of the year or lose all their funding—a virtual impossibility for long-term capital projects that typically take five to seven years to complete.
Rivera’s proposal resulted in an outcry from communities that were slated to benefit from EDI projects (which are concentrated in Southeast Seattle) as well as panicked EDI recipients, who begged the council not to withdraw city funding for their projects. (Eventually, Rivera withdrew her amendment and replaced it with new reporting requirements for EDI projects.) Rivera suggested Friday that she still thinks EDI is completing projects too slowly, noting that 20 of 75 EDI projects that have received funding at some point in the last 10 years, through 2025, are finished.
“You know, ideology is great, but what is really great is when we [take] action and these projects actually open to help community,” Rivera said. “Just talking about it, that’s great, but we have to do it. And so this was my concern, as you know last year, is a lot of these projects are not not moving along fast enough where they’re actually going to benefit community, and that’s a concern.”
Rob Saka backed Rivera up, saying that while he didn’t “remember all the ins and outs and twists and turns of that… [I] remember there being a fair amount of confusion around the original purpose and goals of that underlying effort. And I also remember my colleague being unfairly attacked, in some cases based off of race, which, you know, check your privilege! White saviorism in the city of Seattle is particularly real.”
Saka did not give any examples of anyone making a racist argument against Rivera’s proposal to gut the Equitable Development Initiative, which is explicitly designed to benefit underserved communities of color. The original EDI initiative was sponsored by former councilmember Tammy Morales, who, like Rivera, is Latina.
PubliCola’s own coverage at the time showed that the overwhelming majority of those who asked the council to allow EDI projects to keep moving forward were people of color who worked on or whose communities directly benefited from these grassroots community projects.
After police cracked down on people hanging out and using drugs at the corner of 12th and Jackson, they moved a block away. Photo: Andrew Engelson
Editor’s note: This post has been updated to include additional quotes from Lisa Daugaard, the director of Purpose Dignity Action, which runs the city’s largest diversion program, LEAD.
By Andrew Engelson
In the six months since Seattle enacted a controversial law making public drug use and possession a gross misdemeanor, City Attorney Ann Davison’s office has filed charges against 17 people for violations of the law, which criminalizes the use or possession of drugs other than cannabis. That’s a tiny percentage of about 300 arrests police have made since the new law went into effect in October.
And while advocates for diversion—a strategythat involves enrolling people in services in lieu of charges—say the low charging rate is a good thing, the city’s main diversion program is perpetually underfunded and has had to shift strategies to take on so many new clients from arrests.
SPD has been arresting hundreds of people under the new law, though the number of monthly arrests has recently been on a steady decline.According to Seattle Police Department data, arrests spiked during a highly-publicized series of stings in October and peaked in January. The number of monthly misdemeanor drug arrests has dropped significantly since then, with just 20 arrests in March and six in the first 11 days of April.
City Council President Sara Nelson and City Attorney Ann Davison touted the new law as a way to reduce public use of fentanyl and meth. But so far, it doesn’t seem to have made more than superficial changes to the level of drug use in two of the most visible hot spots in the city: Third Avenue downtown, and 12th and Jackson in the International District. According to SPD data, about two-thirds of arrests under the law were in SPD beats that encompass those two areas of the city.
Of the 17 people the city attorney’s office has charged, about half failed to appear for court hearings–a strong indicator that they were living without shelter. People who are homeless or struggle with mental illness often have trouble making court appearances, and this can result in a reinforcing cycle of interaction with the criminal justice system and lack of shelter.
Davison’s office has motioned to remove municipal judge Pooja Vaddadi from hearing eight of the 17 drug cases. Since March, Davison has directed city attorneys to challenge judge Vaddadi from hearing any criminal cases, charging that the judge, a former public defender, has a “regular pattern of biased rulings.”
Seattle Municipal Court Judge Damon Shadid told PubliCola he’s seen about a dozen cases in his court related to the new drug law. “Anecdotally, from my own courtroom, I can tell you that I have a zero percent appearance rate so far for people charged under the new drug statute,” he said.
According to municipal court records, the average time between an arrest under the new drug law and when the city attorney files charges is about 70 days; more than half of the people charged under the new law waited 90 days or more for Davison’s office to file charges. This is in sharp contrast to Davison’s promise, in 2022, to decide whether to file charges in all criminal cases within five business days after her office receives a referral from the police department.
“If charges aren’t filed right away, then it is very difficult to find a homeless person and get them to come to court,” Shadid said. “My suspicion is that the vast majority of people charged with [possession or public use] are homeless and that’s why we’re seeing such a low appearance rate in court.”
In about half the arrests under the new drug law, police referred drug users to the LEAD diversion program, which connects people with case management, harm reduction, and other services.
Lisa Daugaard, the director of Purpose Dignity Action, which runs LEAD, says she welcomes the emphasis on diversion. “It’s completely appropriate for the city attorney to defer filing while LEAD case managers are working with people to complete diversion intake, and that’s what the ordinance calls for,” Daugaard said. “No one should criticize prosecutors for actively encouraging pre-filing diversion efforts, when those are demonstrated to be the most effective response to severe substance use disorder.”
However, taking on post-arrest referrals has required LEAD to stop taking referrals from other sources—effectively shifting its referral strategy away from community-based referrals, which don’t require an arrest, to post-arrest referrals for people caught violating the new law. Although LEAD has received more funding from state and federal sources in the meantime, that funding is not related to the new law and the city itself did not increase LEAD funding as part of its shift to arrest-based diversion. Over the past several years, LEAD (which used to stand for Law Enforcement Assisted Diversion) has moved toward community referrals, which don’t require people to choose diversion while in handcuffs.
The increase in SPD interactions put a strain on LEAD’s limited resources. To address this, during the recent legislative session, the supplemental budget included a $2.5 million boost to Seattle and King county’s LEAD program, in budget line items sponsored by Rep. Darya Farivar and Sen. Rebecca Saldaña. Combined with another $3.5 million in one-time funds, that’s enough to enable LEAD to do some community referrals, in addition to referrals resulting from arrests, this year. However, Daugaard said, the PDA is “reluctant to overextend on community referrals until there is a more sustainable plan for scaling beyond this year.”
“We are one of numerous community-based case management providers,” Daugaard said. “So it’s a collective response but it needs to have a stable, sustained funding stream. It’s an approach that almost everyone knows is the right approach. But you can’t go year to year, constantly on the verge of cutting it off.”
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Tim Robinson, a spokesman for the city attorney’s office, said the time it takes to review a case and file charges “is dependent on many factors, one of which is waiting for toxicology lab results.” The State Patrol’s toxicology lab has been plagued with delays (usually associated with DUI cases) but opened a new center last year to address the backlog.
Robinson said the city attorney’s office has a backlog of about 800 cases for all criminal cases awaiting a decision to file, including drug use, theft, DUI, domestic violence, and other misdemeanors. He said the city attorney’s office is currently reviewing whether to charge in 81 cases and 14 cases are awaiting toxicology reports.
In the 17 cases the city attorney has charged, arrest reports show that they almost universally involve suspected fentanyl or meth use, and include descriptions such as one in an officer’s report that mentions “lighters, foil, and pipes, tubular objects that they were holding near the foil.”
Currently, no one arrested under the drug law is being booked into jail. King County’s Department of Adult and Juvenile Detention still has in place a pandemic-era moratorium on booking most people accused of non-violent misdemeanors. Robinson said that while those arrested aren’t able to be booked, “They may be booked into jail if they have also committed a companion crime (e.g. burglary while possessing drugs, etc.).”
Natalie Walton-Anderson; photo via neighborsforann.com.
By Erica C. Barnett
Natalie Walton-Anderson, the head of City Attorney Ann Davison’s criminal division, is leaving at the end of February after just over two years in the position, PubliCola has learned. According to a spokesman for Davison’s office, Walton-Anderson was not fired or asked to resign; in an email announcing her resignation to staff yesterday, Walton-Anderson wrote that she needs to “take a break and reset after 27 years working in the criminal legal system.”
In an email to staff, Davison praised Walton-Anderson’s “tremendous impact at the City Attorney’s Office. … Under her leadership, the Criminal Division eliminated the 5,000 case backlog my administration inherited, created the High Utilizer Initiative, significantly increased our pre-file diversion program, and helped repair many parts of criminal justice system that were not functioning.”
The high-utilizer initiative targets people with multiple arrests on their records for prosecution, including people whose underlying problems—like profound addiction—are poorly served by arrest, prosecution, and jail. Initially, Davison’s office used the framework to exclude people from community court, a therapeutic court that allowed some misdemeanor defendants to access services without risking jail for failing to comply with court orders. Later, Walton-Anderson announced that her office was withdrawing from community court, effectively ending the program.
As Davison noted in her email, Walton-Anderson focused on “clearing the backlog” of cases by making filing decisions quickly, which initially meant dismissing many old cases that would have been difficult to prosecute, given their age.
But she has also reportedly been aggressive about filing charges in drug-related cases that would ordinarily get channeled into the city’s pre-booking diversion program, LEAD, which enrolls low-level offenders into community-based services instead of sending them through the criminal legal system. Police (and, until the passage of a law enabling prosecutions for public drug use limited its scope, community members) use LEAD as an alternative to arrest and booking; the program, started in Belltown in 2011, has been replicated across the country.
People whose cases aren’t diverted to LEAD can end up in pre-filing diversion programs; these programs, which include art therapy and online courses, are generally geared toward people with less history in the criminal legal system and those without serious underlying issues like fentanyl addiction.
The city attorney’s office did not provide details about the hiring process for Walton-Anderson’s successor; the position is apparently not subject to a citywide hiring freeze, which exempted “essential” roles. Last year, after Davison’s office said they were having trouble recruiting qualified assistant prosecutors, the city increased prosecutors’ wages by 20 percent.
