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State legislators ought to reject a invoice that may have the sensible impact of eradicating prosecutors from some misdemeanor circumstances.
House Bill 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.
A bit background: Prosecutors contemplating felony prices usually supply some form of diversion — an settlement to forgo a case submitting or holding a case earlier than trial so long as the particular person complies with sure circumstances, reminiscent of finishing a therapy program or remaining crime-free for an agreed time period.
Sponsored by Rep. Darya Farivar, D-Seattle, HB 1994 would enable a municipal court docket decide to step in and dismiss circumstances by setting court-ordered phrases, circumstances, or applications with out prosecutor involvement.
Beneath the proposal, judges should throw out prices if the particular person has “considerably complied” with circumstances.
That might imply somebody ordered to take 5 anger administration courses solely takes two. Or the particular person 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 Legal professional’s Workplace it might nonetheless apply to harassment, felony trespass, and indecent publicity, amongst many others.
The Metropolis Legal professional’s Workplace famous the invoice doesn’t take into consideration felony 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, we’ve each pre-file and post-file diversion applications. These applications are rigorously calibrated to particular crimes and particular defendants below acceptable circumstances,” wrote Seattle Metropolis Legal professional Ann Davison to legislators. “HB 1994 would undermine, not increase, these present efforts.”
It’s essential to notice that the prosecutor’s function in court docket is to signify the sufferer and the group at massive. The proposal would successfully silence these voices.
HB 1994 handed the Home Committee on Neighborhood Security, Justice, & Reentry. It shouldn’t go any additional.
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