Addressing Disinformation about HB 1579

Addressing mis- and disinformation about 3SHB 1579, Establishing an Independent Prosecutor

3SHB 1579 establishes an independent prosecutor at the Attorney General’s Office. The independent prosecutor is authorized to make charging decisions for homicides related to police use of deadly force.

Under the proposal the AGO and the local prosecutor have concurrent jurisdiction. The local prosecutor will receive the same investigation reports on homicides from police misconduct. The bill directs the local prosecutor to consider whether they should recuse themselves due to a conflict of interest regarding these cases.

Concurrent jurisdiction with the local prosecutor and the State is part of existing law. HB 1579 uses the same framework as exists today to resolve instances where both the local prosecutor and the AGO file charges - a superior court judge will decide which prosecutor is best suited to promote the interests of justice.

• Myth: It creates new crimes or revises elements of crimes.
  Fact: It does not change any underlying laws on criminal offenses or revise the standard for justifiable use of force.

• Myth: It is anti-police or part of defunding the police.
  Fact: An independent prosecutor will improve the credibility of police and increase community trust. This does not take any money away from police agencies or police funding. These are complex cases and creating a statewide office to handle this caseload will create expertise and efficiencies.

• Myth: It will impact recruitment.
  Fact: Accountability improves community relations and increases officer legitimacy. Legitimacy is related to public confidence, officer authority, and trust. New recruits value professionalism and high quality policing.

• Myth: It undermines local prosecutors.
  Fact: Local prosecutors depend on local law enforcement to do their job. Authorizing an independent prosecutor to handle these high profile cases recognizes the inherent difficulties in bringing serious charges against persons with whom the prosecutor or their staff work.

• Myth: It will interfere with domestic violence prosecutions.
  Fact: The Independent Prosecutor jurisdiction is limited to use of force that result in deaths that occur in the line of duty. This legislation does not alter any of the remedies for criminal prosecution related to domestic violence.

• Myth: It repeals qualified immunity.
  Fact: This is about criminal prosecutions. Qualified immunity is a court created doctrine related to civil lawsuits, not criminal.

• Myth: The local prosecutor already considers their inherent conflict when it does considers its ethical obligations using existing law. 
  Fact: The prosecutor needs law enforcement to get its work done. 3SHB 1579 requires that this inherent conflict of interest be taken into account when the prosecutor evaluates whether they should recuse.