Local View: Prosecutors must be included in justice reform

During the 2022 legislative session, lawmakers enacted several bills to help the law-enforcement community rebuild public trust and help peace officers throughout the state do their jobs safely and more effectively.

New laws adopted this session include:

• Substitute House Bill 1735, which confirms officers’ authority to use physical force “to the extent necessary,” provided they use “reasonable care” in doing so. It also defines de-escalation measures. The bill clarifies the situations in which physical force can be used, and makes it clear that the legal standard it establishes does not limit or restrict an officer’s authority or responsibility to perform lifesaving measures, community caretaking functions, or respond to requests for assistance or service.
• Engrossed Substitute House Bill 2037, which authorizes peace officers to use physical force to the extent necessary when there is probable cause that a person is about to commit an offense, or to prevent a person from fleeing a lawful temporary investigative detention after being informed that they are being detained and are not free to leave.
• House Bill 1719, which maintains the ban on law enforcement use of rifles of greater than .50 caliber, but confirms that law enforcement agencies can acquire and utilize nonlethal equipment and ammunition, such as bean bag guns, of greater than .50 caliber.

These bills were needed to eliminate confusion caused by conflicting interpretations of legislation enacted in 2021.

Our organization, the Washington Fraternal Order of Police, has consistently worked with victims’ advocacy groups, community organizations, and legislators on these issues. We recognize that we serve a more diverse public than ever before, and that community expectations of law enforcement have changed dramatically.

This doesn’t mean that we agree with every idea proposed. But change is never easy, so we are committed to staying engaged in conversations about reform efforts. We understand that law enforcement must be open to change in order to help build a more trusting relationship between our profession and the broader community. And we believe that our expertise in the field provides a valuable perspective that can inform lawmakers’ deliberations and lead to better legislation.

That’s why we will encourage next year’s Legislature to take another serious look at one bill they didn’t pass this session, Senate Bill 5691, sponsored by Sen. Chris Gildon, R-Puyallup. It would address one important factor in local crime rates that all too often gets overlooked: Prosecutorial discretion in criminal case filings and bail recommendations.

As a law enforcement officer, I can tell you there’s nothing more frustrating than building a strong case against a criminal only to have the local prosecutor decide that it’s not worth taking to court. That frustration is exceeded by victims of crimes who see suspects released on their own recognizance or given a token bail number. And there’s nothing more devastating for a community than when one of those suspects then goes on to commit even more serious crimes after being released.

SB 5691 would require all county prosecuting attorney offices that receive over 5,000 criminal referrals annually to track those referrals and their filing decisions and to make this data public in an easy-to-understand format. The measure would bring needed transparency and accountability to local prosecutors’ offices and allow voters to make informed decisions when local prosecutors run for re-election.

When we talk about improving the criminal justice system for our communities, we need to look at the whole system, including prosecutors. They, too, must be willing to change.

Jeff Anaya is a police officer in Southwest Washington and is State Treasurer of the 3,500-member Washington Fraternal Order of Police.