Office of Independent Prosecutions

(HB 1740 | SB 5584)

The Problem

There are close working relationships between local prosecutors and law enforcement agencies. This close relationship can create an appearance of bias, causing the public to question the fairness of prosecutions of deadly force incidents involving peace officers and corrections officers.

The Solution

By creating a separate and independent office to review use-of-force cases, the bill aims to increase public confidence that these cases are being handled fairly and impartially, reducing the perception of bias inherent in the existing system

Key Provisions

Concurrent Authority

The Office of Independent Prosecutions would have the power to prosecute use-of-force cases alongside county prosecuting attorneys. Both the new office and the local prosecutor could potentially file charges for the same case.

Prioritizing Impartiality

In cases where both the Attorney General's office and a local prosecutor file charges, the court would decide which office should proceed, prioritizing a fair and impartial process free from bias or the appearance of conflict of interest.

Independent Decision-Making

The Office of Independent Prosecutions would operate as a separate division within the Attorney General's office, with policies and procedures in place to prevent conflicts of interest. This includes screening personnel outside the office, even those within the Attorney General's office, from any involvement in prosecutions handled by the new office

Independent Counsel Leadership

The Attorney General would appoint an independent counsel to lead the Office of Independent Prosecutions, with final decision-making authority over hiring, firing, filing charges, and all aspects of litigation. The Attorney General could only remove the independent counsel for misconduct or inability to perform duties and would be screened from the office's work, having no input on charging decision.

Sponsors

Senator Manka Dhingra

Representative Monica Jurado Stonier

FAQ

    • Oversee all functions of the Office of Independent Prosecutions.

    • Hire and contract with attorneys, investigators, advocates for those impacted by deadly force and their families, and other necessary personnel.

    • Provide training for office personnel to promote understanding and respect for diverse communities.

    • Keep victims and families informed about the charging decisions, court hearings, and prosecution status.

    • Establish policies and procedures to ensure personnel with conflicts of interest are screened from case reviews.

    • Make independent decisions regarding the filing or declining of criminal charges, without input from the Attorney General.

    • Employ assistant attorneys general or appoint and contract with special assistant attorneys general to conduct prosecutions.

    • Ensure staff training on topics like racism in policing, implicit bias, intercultural competency, racial equity, and criminal procedure.

    • Appoint special and temporary assistant attorneys general to conduct prosecutions.

    • Issue a public report explaining the reasons for declining to file criminal charges in a case and post it on the office's website.

  • The independent counsel must be licensed to practice law in Washington, have no history of criminal or disciplinary action involving dishonesty, discrimination, or abuse of power, and undergo a thorough background check, including social media and affiliations, to assess potential biases and conflicts of interest.

  • If the independent counsel resigns, becomes incapacitated, or is removed, the Attorney General must appoint an interim independent counsel within 24 hours until a new independent counsel can be appointed.

  • The independent counsel serves a three-year term and may be reappointed or replaced after their term concludes.

Further Reading