Democrats rework plan for WA prosecutor on police use of deadly force
State Sen. Manka Dhingra speaks as the Washington state Senate convenes for floor session on Feb. 28, 2023. (Washington State Legislative Support Services)
Washington Democrats are trying again to give the state additional power to prosecute cases when police use deadly force.
But the bill looks a bit different this time around compared to past years.
The previous version made the Office of Independent Prosecutions a division in the attorney general's office.
But then-Attorney General Bob Ferguson argued that prosecuting these cases could be a conflict of interest for the attorney general's office. The agency serves as legal counsel for state law enforcement, including the Washington State Patrol.
Former Gov. Jay Inslee raised similar concerns about conflict of interest if the office was housed under the governor.
'We were without options,' said Rep. Monica Stonier, D-Vancouver, the prime sponsor of past legislation to create the office.
But now with a new administration in town, lawmakers plan to relaunch their push for the independent prosecutor, this time in the governor's office.
Sen. Manka Dhingra, D-Redmond, filed a bill Tuesday to add a statewide prosecutor to an existing law enforcement oversight agency.
Proponents say it makes sense to place the prosecutor under the governor's jurisdiction, as part of the Office of Independent Investigations lawmakers created in 2021. The agency would be renamed the Office of Independent Investigations and Prosecutions.
Ferguson, now governor, also prefers placing the prosecutor in his office.
Still, supporters of the measure should expect similar pushback as in past years from county prosecutors who say a statewide counterpart usurps their authority.
The new attorney general, Nick Brown, said in an interview earlier this month he thought his office should oversee the independent prosecutor.
'There's been conversations about putting it in the governor's office or some other independent entity,' Brown said the day he was sworn in. 'At least from my vantage point on the outside, over the last couple years, it always made the most sense for me to house that work here.'
An attorney general's office spokesperson said this week staff were reviewing the latest proposal.
The past two years, Democrats in the state House have moved a bill forward to create the independent prosecutor's office with no Republican support. But both times the legislation didn't make it to the Senate floor.
Dhingra is optimistic about its chances, but justifying the cost in a difficult budget year could be tough.
'Anything with a fiscal note is in trouble this year,' Dhingra said.
Last year's legislation was expected to cost $9.5 million in the 2025-2027 biennium, and $12.7 million in the next biennium. Previous versions cost much more. Locating the prosecutor within the Office of Independent Investigations could lead to even more savings.
Adding the independent prosecutor is a priority for police accountability advocates. They also want to authorize the attorney general to investigate local police for violating state law. A committee hearing on that legislation, Senate Bill 5066, is set for Thursday.
The Washington Coalition for Police Accountability just wants to see the office up and running. It 'doesn't really matter where it's located,' said the group's policy expert, Leslie Cushman.
Cushman said the coalition believes the independent prosecutor will 'improve accountability, and it'll give some confidence to communities.'
Another big holdup in recent years has been local prosecutors who argued the independent statewide office would take away their authority to investigate these cases.
Republicans in the past have agreed. Law enforcement groups have also been opposed.
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But supporters say local prosecutors work too closely with law enforcement, giving their decisions in cases of deadly force an air of bias.
'This isn't going to guarantee anybody is going to be prosecuted,' Cushman said. 'It's just guaranteeing greater credibility of the process and maybe some greater transparency.'
The statewide prosecutor could see a rough average of 30 cases annually, according to projections last year.
The prosecutor would handle cases from the independent investigations office. The agency is just starting to conduct its own inquiries on new cases, launching in December to look into deaths in southwest Washington and the Olympic Peninsula before expanding across the state.
So far, the investigations office has initiated probes in two cases, in Centralia and Vancouver. The agency is required to finish its inquiries within 120 days.
Currently, those investigations would go to the county prosecutor. But if lawmakers pass Senate Bill 5584, the evidence would be forwarded to the independent prosecutor, who would review the case concurrently with the local prosecutor.
If both file charges, it would be a judge's job to decide whose prosecution 'will best promote the interests of justice.'
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The idea of the state bringing charges against police officers who use deadly force isn't entirely new.
In late 2023, a jury found three officers not guilty of criminal charges in the killing of Manuel Ellis in Tacoma in a case handled by the attorney general. In that case, the Washington State Patrol investigated Ellis' death and turned its findings over to the attorney general.
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