WA lawmakers consider bill to enhance judicial accountability, bail requirements
The Brief
A new Washington bill aims to tighten bail requirements for suspects who flee from police, along with increasing accountability among judicial officers.
The push for the bill's passage comes in the wake of several high-profile cases in western Washington.
The bill would require judges to classify suspects who flee from police as public safety threats, granting them the authority to impose higher bail amounts.
OLYMPIA, Wash. - State lawmakers are considering a new bill aimed at tightening bail requirements for suspects who flee from police, as well as increasing accountability among judicial officers.
This legislative session's developments come in the wake of several high-profile cases, including the tragic murder of 13-year-old Jayda Woods-Johnson at Alderwood Mall last summer.
The suspect in Johnson's case, a 16-year-old, was initially permitted to post bond shortly after his arrest, leading to his release from jail. In response to this incident and others, House Bill 1252 has been introduced, which would mandate that judges provide a written explanation when setting bail lower than what the prosecution recommends.
What they're saying
"I really want judges to have to pause, to be thoughtful in those decisions, show their work and to show the public and the community that they are serving how in their minds public safety is going to be maintained with this particular defendant out in the community," said Representative Lauren Davis (D), the bill's sponsor, representing the 32nd Legislative District.
Additionally, the bill would require judges to classify suspects who flee from police as public safety threats, granting them the authority to impose higher bail amounts. Davis says her fellow Democrats need to address the bleeding now.
"I represent the 6th most liberal district in the state of Washington and I represent a part of Seattle. The number one issue that my constituents are concerned about is public safety. People don't feel safe and they have every right not to feel safe," said Davis.
The bill was scheduled for a public hearing on Monday before the Public Safety Committee; however, technical difficulties postponed the session to next week. Among those slated to testify were Thurston County Sheriff Derek Sanders and Renton Police Chief Jon Schuldt, who recently sought clarification from King County Superior Court Judge Johanna Bender regarding her decision to release a hit-and-run homicide suspect on low bail, who is now evading law enforcement.
"It's just a very poor use of resources to suggest you are going to let an individual out who has already demonstrated that they are going to run," said Davis.
Sheriff Sanfers echoed this statement after arresting a career criminal on Tuesday. He said there is an issue of repeat offenders being released from custody who go on to commit more crimes.
"You can see trends. When we start putting away some of our really high-profile criminals, crime starts to dip a little bit. And when they get released, it bounces back up. And it's just an ebb and flow of it that hasn't seemed to go away," said Sanders. "They're mocking our criminal justice system, they're mocking our judges, they're mocking the entire system."
A man that has been arrested and booked into the Thurston County Jail 18 different times was taken into custody, and investigators recovered multiple guns inside the house.
"He's been bitten by just about every K9 the sheriff's office has had in the last decade," said Sanders.
It raised questions why someone with years of violent history continued to be released from custody and back on the streets.
"They're going right back to re-offending the moment they get out of jail," said Sanders. "That's the issue that we're having with our pre-trial justice system. It's not very just. It's way over-weighting the balance and the need for the suspect to be out of custody over the predictable outcomes of releasing these people without any penalties."
Before imposing bail, judges must consider less restrictive options. In Washington state, there is a presumption of release. After a preliminary court appearance, anyone charged with a noncapital offense should be released on personal recognizance pending trial. This presumption can be overcome though, if the court finds that the defendant is likely to fail to appear, commit a violent crime, or intimidate witnesses or interfere with justice.
However, recent decisions by judges to release suspects pending trial for violent crimes has left family members of victims feeling frustrated.
Davis says the public safety committee will also hear from the sister of Timothy Gerchmez, who was hit and killed in Renton. The suspect charged in his case, Urias Morales Perez, currently has a $200,000 felony warrant for his arrest after being released from custody with no electronic home monitor and failing to show up for a plea hearing.
"If you have somebody who is known to engage and continue criminal conduct, flaunt the law, flaunt the orders of law enforcement, why are we releasing that person when they are legally able to hold them, and they're choosing not to?" said Davis.
Sheriff Sanders said he would be among the leaders in law enforcement who will be voicing their support of the bill.
"My hope is to convey some of these very real scenarios that have occurred just in my county," said Sanders.
The Source
Information in this story is from Representative Lauren Davis (D), Thurston County Sheriff Derek Sanders and FOX 13 Seattle reporting.
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