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State legislators should reject a bill that would have the practical effect of removing prosecutors from some misdemeanor cases.
House Bill 1994 would make the legal system for low-level crimes even more dysfunctional than it already is, with little regard to victims and community well-being.
A little background: Prosecutors considering criminal charges often offer some kind of diversion — an agreement to forgo a case filing or holding a case before trial as long as the person complies with certain conditions, such as completing a treatment program or remaining crime-free for an agreed period of time.
Sponsored by Rep. Darya Farivar, D-Seattle, HB 1994 would allow a municipal court judge to step in and dismiss cases by setting court-ordered terms, conditions, or programs without prosecutor involvement.
Under the proposal, judges must throw out charges if the person has “substantially complied” with conditions.
That could mean someone ordered to take five anger management classes only takes two. Or the person leaves a drug-treatment program prematurely.
In the legislative process, HB 1994 was modified to exclude violent crimes, but according to the Seattle City Attorney’s Office it would still apply to harassment, criminal trespass, and indecent exposure, among many others.
The City Attorney’s Office noted the bill does not take into account criminal history — a defendant with 30 priors has the same right to seek judicial diversion as a first-time defendant.
“In the City of Seattle, we have both pre-file and post-file diversion programs. Those programs are carefully calibrated to specific crimes and specific defendants under appropriate circumstances,” wrote Seattle City Attorney Ann Davison to legislators. “HB 1994 would undermine, not augment, those existing efforts.”
It’s important to note that the prosecutor’s role in court is to represent the victim and the community at large. The proposal would effectively silence these voices.
HB 1994 passed the House Committee on Community Safety, Justice, & Reentry. It should not go any further.
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