State legislators ought to reject a invoice that may have the sensible impact of eradicating prosecutors from some misdemeanor circumstances.
Home Invoice 1994 would make the authorized system for low-level crimes much more dysfunctional than it already is, with little regard to victims and group well-being.
Just a little background: Prosecutors contemplating legal expenses typically provide some form of diversion — an settlement to forgo a case submitting or holding a case earlier than trial so long as the individual complies with sure situations, akin to finishing a remedy program or remaining crime-free for an agreed time period.
Sponsored by Rep. Darya Farivar, D-Seattle, HB 1994 would permit a municipal court docket decide to step in and dismiss circumstances by setting court-ordered phrases, situations, or applications with out prosecutor involvement.
Underneath the proposal, judges should throw out expenses if the individual has “considerably complied” with situations.
That might imply somebody ordered to take 5 anger administration lessons solely takes two. Or the individual leaves a drug-treatment program prematurely.
Within the legislative course of, HB 1994 was modified to exclude violent crimes, however in accordance with the Seattle Metropolis Lawyer’s Workplace it might nonetheless apply to harassment, legal trespass, and indecent publicity, amongst many others.
The Metropolis Lawyer’s Workplace famous the invoice doesn’t have in mind legal historical past — a defendant with 30 priors has the identical proper to hunt judicial diversion as a first-time defendant.
“Within the Metropolis of Seattle, now we have each pre-file and post-file diversion applications. These applications are fastidiously calibrated to particular crimes and particular defendants underneath acceptable circumstances,” wrote Seattle Metropolis Lawyer Ann Davison to legislators. “HB 1994 would undermine, not increase, these current efforts.”
It’s vital to notice that the prosecutor’s position in court docket is to symbolize the sufferer and the group at giant. The proposal would successfully silence these voices.
HB 1994 handed the Home Committee on Neighborhood Security, Justice, & Reentry. It shouldn’t go any additional.
