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updated 2:54 PM UTC, Jul 28, 2018

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Differing views on accountability as key to public safety highlight the race for prosecuting attorney

Port-of-Seattle
While the outcome of races here and around the country in which partisan politics at its most bitter is on display and attracting maximum voter attention, the most important contests may be eluding people’s attention.

 But that’s becoming hopefully unlikely for the King County Prosecuting Attorney race, where the ratcheting up of attention is evidenced by the major coverage in the Seattle Times Sunday and Monday on the two candidates and their views.

It’s not partisanship that’s at issue in the contest for the seat being vacated by retiring 15-year veteran Dan Satterberg, which hasn’t been an open race for more than four decades, but rather different versions of implementing criminal justice in the county.

One candidate is Leesa Manion, who currently runs the prosecutor’s Office as chief of staff while overseeing nearly 600 employees and a budget of $80 million. If elected, she would be the first female and first person of color to hold the job.Leesa MannonLeesa Mannon

 The other candidate is Federal Way Mayor Jim Ferrell, who spent 19 years in the prosecutor’s office after being recruited by longtime and highly respected late prosecutor Norm Maleng, before running for the Federal Way City Council. He then led the effort to switch to a strong mayor form of government and was later elected mayor of Federal way three times.

He believes that a change in direction is needed in the King County Prosecutor’s Office and that the status quo is not an option.

The prosecutor’s race was not on my radar until a few weeks ago when I visited with HomeStreet Bank Chairman and CEO Mark Mason, who has been touting Ferrell's candidacy. Mason has been high visibility about concerns for safety in the downtown Seattle area where the headquarters of his bank, a fixture on Seattle for 100 years, is located.

“I’ve witnessed firsthand the deterioration of public safety in Seattle as our employees have experienced assaults and drug-abuse issues on public transit and on sidewalks on the way to work,” Mason said. “As a result, my employees are afraid to come to work.”

“As I sought to understand the drivers of the decline in public safety, I now know that the policies and mismanagement of the King County prosecutor’s office are significant contributors to the problem,” Mason added.

Now he’s seeking to get endorsements for Ferrell’s candidacy from as many business organizations and key individuals as possible.

Ferrell, incidentally, is an intriguing candidate in that he was a Republican, including running for a seat in the legislature, until he switched parties and has been a Democrat since 2012.

His explanation should endear him to moderates of both parties: “The GOP started moving too far to the right for my comfort,” he said, adding, "I think most voters in this election will be more concerned about my views on safety than on the fact I was once a Republican.”

Among those who have endorsed Ferrell is Mike Heavey, former state representative, state senator, and King County superior court judge. He’s since gained fame as the founder of Judges for Justice, a local organization with a national focus on seeking to free those who have been wrongfully imprisoned.

“Jim Ferrell is an excellent lawyer who was always mindful about public safety and holding offenders accountable,” said Heavey, in whose court Ferrell often appeared during his years as a deputy prosecutor, including five years under Satterberg’s leadership.

“But at the same time, he has a compassion toward the defendants as fellow human beings,” Heavey added.

And it’s the issue of holding offenders accountable vs. compassion toward them, particularly compassion toward defendants who are juveniles, that is likely to become a much more prominent issue dividing Ferrell and Mannion, and their supporters in the final weeks before the General Election.

Jim FerrellJim FerrellThe issue is called Restorative Community Pathway (RCP), a program created by the prosecutor’s office last November to offer diversion for young people involved in a range of felony crimes. These include organized retail theft, assault, residential burglary, and unlawful possession and display of a firearm.

Mayors of Kent, Auburn, and Renton in addition to Ferrell in Federal Way, have expressed concern with the program’s diversion of firearm crimes as their South County communities are experiencing record-high levels of gun violence.

The mayors collectively agreed they support restorative justice for simple misdemeanor crimes for first-time juvenile offenders, but “failure to prosecute felony crimes is taking King County in the wrong direction and is making our communities less safe.”

And they also express concern that they were neither consulted about nor made aware of the plan before it was put into place.

The race for prosecutor has already divided the mayors of the county’s communities and in several cities, the mayors from their police forces, most notably Bellevue.

Police guilds in Seattle, King County, Bellevue, Kent, Federal Way, and Des Moines have endorsed Ferrell. Bellevue Mayor Lynn Robinson has endorsed Mannion. But Bellevue is more complex in its key endorsements in the race, with city council member and former Bellevue mayor Conrad Lee and council member Jennifer Robertson having endorsed Ferrell.

Of her lack of endorsement from the police organizations around the county, Mannion makes that basically a badge of honor because of her helping establish the public integrity unit in the prosecutor’s office that reviews police use of force.
“The unit’s review would not appear fair and transparent if I am endorsed by police unions,” she told one media outlet.

But she does boast endorsements from Seattle Mayor Bruce Harrell, County Executive Dow Constantine, and former Gov. Gary Locke, as well as county council members Claudia Balducci and Sarah Perry.

Of the RCP program, Ferrell says, “deferrals are an important part of the criminal justice system when matched with the proper judicial oversight and accountability measures. The problem with the RCP program is it lacks both accountability and oversight. The serious felony crimes included in RCP are adult crimes and should be removed from the program.”

Supporters of RCP, if they actually hope to sell it to the public, should be in the lead of having outside research to evaluate its success or failure or outline possible changes going forward.

Those long involved in juvenile justice or in working with juvenile offenders will likely remember the late ‘70s documentary, “Scared Straight,” about a group of juvenile delinquents and their three-hour session with actual convicts.

The program was conceived by a group of inmates at Rahway State Prison in New Jersey, an inmate group known as the "lifers." They were shown berating and screaming at and terrifying the young offenders with four-letter words in an attempt to "scare them straight" so that the teenagers would avoid prison life.

Versions of the idea were picked up in other states and put in place over the course of the next two decades with little evaluation of their success.

 But an array of studies in the late ‘90s, including a report to Congress in 1997 and one by the prominent Pew Charitable Trust, concluded the programs “increased delinquency relative to doing nothing at all.” Several noted that “agencies that permit such programs must rigorously evaluate them.”

HomeStreet’s Mason made the unarguably legitimate point in an op-ed piece in the Business Journal that “any program that allows offenders to avoid charges for their crimes must come with accountability.” Since the county council approved the RCP program, voters should look first to the council members for an accountability program.
 
Maybe the King County program could be renamed “Coax Straight,” gentle treatment and guidance from various non-profits involved in a program for the juvenile offenders in the hope they won’t offend again.

During his deputy prosecutor days, Ferrell, incidentally earned lasting courthouse recognition for his actions when one defendant appearing in court broke away from his police guard and sprinted down the hall seeking to escape.

Farrell, an outside linebacker and special-teams player for the Huskies in the Don James era, sprinted down the hall after the escaping defendant, tackled him, and brought him back to court.
 
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