Above:
Local attorney Victor Minjares is running for Thurston County Prosecuting
Attorney on the issues of reform, respect, and justice.
Change
Needed in Local Law and Justice Department Culture, says Minjares
By
Janine Gates
Little Hollywood
https://janineslittlehollywood.blogspot.com
“There are serious issues with the criminal justice system in Thurston County,” local attorney Victor Minjares said in a recent interview with Little Hollywood.
While some know the criminal justice system only through television shows like Perry Mason or Law and Order, others know it all too well in real life.
Reflective of the national examination on implicit bias, socio-economic and racial injustice and other systemic issues beleaguering the law and justice community, Minjares is running for Thurston County prosecuting attorney on a campaign of reform.
Minjares says he wants to change the culture within
the office that hasn't seen a change in decades.
The position of prosecuting attorney and the issues associated with it may not be on voters’ radar because current prosecuting attorney Jon Tunheim, who is running for his third term, has never had a challenger. Each term is four years.
Before Tunheim, Ed Holm had been prosecutor for three terms, from 1999 to 2010. After Holm was sued by three female deputy prosecutors in his office for sexual harassment and won their case, he chose not to run for reelection.
Tunheim, who was chief criminal deputy prosecutor at the time, ran for the position and won, and won reelection in 2014.
According to his biography, Tunheim first joined the Thurston County Prosecuting Attorney’s Office as a legal intern in 1988 and has won many awards for his community service.
Minjares and Tunheim are running as Democrats. The position pays an annual salary of $169,187. Fifty percent of the salary is paid by the county
and fifty percent is paid by the State of Washington.
Making His Case
Minjares has 30 years of experience handling
criminal, civil, appellate, and administrative cases in state and federal
courts. He moved to Olympia in 2006 from Los Angeles,
California and is a graduate of Pomona College and Stanford Law School.
A
civil attorney in private practice, he now represents nonprofit organizations,
individuals, and small businesses in Washington and California courts.
From 2008 – 2014, Minjares served Thurston County
District Court as a Judge Pro Tem, presiding over misdemeanors, civil cases
brought by pro se litigants, infractions, restraint petitions, and criminal
calendars.
During much of that same time, Minjares was an
assistant attorney general in the Torts Division of the Washington State
Attorney General's Office, responsible for defending state agencies in civil
damage lawsuits in federal and state court.
His resume is long and his experience is deep and varied. Early in his career in Los Angeles, Minjares was a
criminal prosecutor for 15 years, sending criminals to prison for murders,
robberies, home invasions, and other serious felonies.
He lives in Thurston County with his wife and
children. He is active in the community and has served on several boards.
The
Role of the Prosecuting Attorney’s Office
Little Hollywood asked Minjares about the responsibilities of the office, the issues he sees, court diversion programs and alternatives to incarceration, the case of Andre Thompson and Bryson Chaplin, the two young African American men who were shot by a white Olympia police officer in 2015, and a recent independent study of the county’s court system.
“There’s a lot of things wrong with the prosecutor
attorney office – a lot of waste, a lack of supervision, a lack of respect for
the office itself and the power it holds. I want to bring in reform, bring
back respect, both for the office and for the public, for the courts.
“I want to bring a general sense of justice to the
job, justice above all else, even if that means walking in and dismissing
because you got it wrong, fixing a case because you accidently convicted the
wrong person, or charging someone who is very popular because they did a
serious crime….”
Asked for specifics, Minjares said he wants to create a conviction integrity unit with
outside experts to review evidence and sentences and determine whether or not
errors were made.
“When I talk to criminal defense attorneys and
individuals, they tell me stories of their interactions and that it is not the
policy to immediately turn over evidence showing when someone is innocent. They
make defense attorneys fight for it and in fact, there’s a lot of litigation
about that in our courts. The obligation of a prosecutor is not to withhold
information. If he finds that a witness has changed their story, or finds a new
witness that shows that the defendant is innocent, the obligation is to contact
the other side and say, ‘Hey, you might want to talk to this witness.’”
“Here (in Thurston County), they let them know right
before the trial, which causes a continuance of a case, and that is a violation
of speedy trial rights of the defendant,” he said.
“If I’m prosecutor, the evidence will get turned
over right away. Then we can argue in court whether it is relevant or admissible
– the defense is going to get the information at the earliest opportunity.
“One, it’s the right thing to do. Two, it’s more
efficient. You know what the case is worth early on and decide how to plead…or
decide whether it needs to go to trial….To wait until the last minute is
unethical and inefficient.”
Minjares said that when people sit around waiting
for their case to come up, they may lose their job and increase the strain on
the social service system.
“Some people need to go to prison...but when you do that…when you send someone away to prison or jail, you’re increasing the costs on the county through a myriad of factors that don’t show up on the balance sheet…but they are there and they are real,” he said.
“Did you know most of the people who are sitting in
Thurston County jail right are not guilty of any crime? They are awaiting
trial. I’d like to examine better methods of releasing
people on their own recognizance, or setting a low bail when it's warranted,
for relatively minor offenses...like low-level misdemeanors or drug offenses. People should not be sitting in jail simply
because they cannot afford $1,000 to make a $10,000 bond, for example.”
Thurston
County Statistics
The Prosecuting Attorney’s Office has a civil
division and a criminal division.
The civil division of the prosecuting attorney's office serves as the attorney for Thurston County, providing legal advice and representation to the county elected officials, departments, and independent boards and commissions.
The criminal division receives referrals from law
enforcement agencies to review for possible criminal charges.
According to the Prosecuting Attorney’s website, the
office leads a team of 32 lawyers and 37 support staff.
In 2016, 1,606 felony cases were filed (325 were
felony domestic violence cases and 145 felony sexual assault and/or child abuse
cases), 2,017 misdemeanor cases (445 were misdemeanor domestic violence cases),
502 juvenile cases, 167 defendants received services in the drug court program,
16 defendants in DUI court, 48 defendants enrolled in mental health court and
22 defendants in veteran court.
The office also processes over 1,800 child support
cases each year while also serving as a law firm for all Thurston County
Government offices.
Minjares was asked to comment on those numbers and
whether they are reflective of a community the size and demographics of
Thurston County. He says the statistics don’t tell the whole story.
“Of those 32 attorneys, around six are civil attorneys, the
rest criminal. Thirty two lawyers is not a large office… (but) there’s no
supervision by the prosecutor. It should be part of the job. The prosecutor
goes to meetings and has no idea of what’s going on in his own office. It’s
really a free for all. Our crime rate is steady in the county but the sentences
are going up. The maximum sentence is not the solution to all problems, which
it seems to be in that office.”
Minjares was asked why the jail is overflowing if
crime is steady and why the sentences are going up.
“Well, if I’m an individual prosecutor left to my
own devices, to me, to be successful is to get a maximum sentence for the
charge. However, you can’t let prosecutors seek that in every case. You have to
supervise them so you don’t overflow the jails, bankrupt the county and
bankrupt the state.”
“I want to open up the black box that is the
Prosecuting Attorney’s office. They do not really give statistics that don’t
make them look like they’re doing a good job. I want to use our sunshine
policies in this state and apply them to the prosecutor’s office so the public
can see for themselves what is happening. Raw numbers like this that they are
putting out don’t tell you if they are being fairly prosecuted, or if
prosecutors are sanctioned for breaking the rules,” he said.
System,
Jail Alternatives
Seventy five percent of the county’s budget goes to
law and justice and that includes the courts, the jail system, the sheriff’s
office, public counsel, and probation services.
Thurston County has several court diversion programs, including a drug court, a mental health court, and a veteran court.
“It’s expensive to run a courtroom - about $9,000 a
day. I’m in favor of (these diversion) courts and what they are trying to
accomplish, but they are expensive. We need to rely more on diversion before
they enter the criminal justice system.”
Minjares described a successful law enforcement
assisted diversion (LEAD) program that began in Seattle.
“It’s intended to keep low level offenders out of
the system before they are booked and enter the whole hamster wheel of the
system. It’s a pre-booking diversion program. They tried to start the program here in
Thurston County but after six to eight months, they have had just one person
enter the program. It’s up to the prosecutor’s office to agree that it’s used
or not. Look at what it’s costing our system to not use that program. The
prosecutor’s office has failed on that one,” he said.
Studies of Thurston County Courts
Minjares was asked about the Thurston County
District Court report conducted last year by staff of the Center for Court
Innovation and the National Council of Juvenile and Family Court Judges
(NCJFCJ).
To assess the court’s strengths and weaknesses
regarding access to justice, NCJFCJ staff conducted a three day tour of the
Thurston County Courthouse and anonymously observed the court process and
procedures.
In the report, several recommendations for
improvement were made. The report is available at
http://www.co.thurston.wa.us/distcrt/docs/TCDC_Report.pdf
Minjares also referred to The National Center for State Courts (NCIC) report about Thurston County Superior Court. A link to that report, “NCSC Felony Caseflow and Calendaring Study of Thurston County Superior Court” is at: http://www.co.thurston.wa.us/superior/documents/ncsc-report-20170601.pdf
Minjares said the report’s findings were enlightening and overdue.
Minjares also referred to The National Center for State Courts (NCIC) report about Thurston County Superior Court. A link to that report, “NCSC Felony Caseflow and Calendaring Study of Thurston County Superior Court” is at: http://www.co.thurston.wa.us/superior/documents/ncsc-report-20170601.pdf
Minjares said the report’s findings were enlightening and overdue.
Above: Center for Court Innovation and NCJFCJ staff observed the courthouse complex signage. They reported that the signage was unclear and difficult to follow, “which made it even more frustrating to navigate an already confusing courthouse layout,” did not make clear what kinds of cases were heard in those courtrooms, and did not use multiple languages. “This is even more problematic since there is another court campus in another part of the county that hears family and juvenile matters which may further confuse litigants,” says the report.
Andre
Thompson and Bryson Chaplin Case
Little
Hollywood asked Minjares about specific cases such as the one in which charges were brought against Andre Thompson and Bryson Chaplin, two young African American men who were shot by
a white Olympia police officer in 2015.
“I can’t comment on the specifics of the case unless
I have all the evidence in front of me, which I don’t, however, I will say I
was rather surprised at the charging decisions made after that shooting. I
would like to know a lot more about that to know what justified that level of,
what seems like, retribution against those two individuals.
“I am not someone who believes that people who
commit crimes should be let off but then again, there is justice involved in
how to weigh certain factors in any situation,” he said.
“That investigation by the prosecutor took a long
time and where are the recommendations regarding possible police policy changes that
might lessen the chances of a similar confrontation in the future?” he asked.
“….The prosecuting attorney is supposed to be for
the people of Thurston County. Part of the job of the prosecuting attorney’s
office is to make sure the system works better. Dodging that responsibility has
been a very pervasive failure….”
True reform methods are often below the radar for a
lot of people who are not intimately involved in the issue, and while the need
for a new courthouse is a given, it isn’t going to solve a problem with the
culture, he says.
Little
Hollywood asked Minjares if he has a real life role model for
prosecuting attorney and law and justice reform.
Minjares mentioned his former Stanford classmate,
Larry Krasner, who is now district attorney of Philadelphia.
“He ran on a campaign of reform and while I’d tailor
it to Thurston County, he and others seeking to bring real justice to the
prosecuting and district attorney offices across the country is really
something to watch,” he said.
Above: Victor Minjares greets attendees at his campaign kick-off party on Wednesday.
About 60 enthusiastic people attended his campaign
kick-off party at the historic Jacob Smith House in Lacey on Wednesday night.
Olympia city councilmembers Renata Rollins and Lisa
Parshley spoke in support of his candidacy, as did Keoki Kauanoe, chair of the
Washington State Progressive Caucus, and Steffani Powell, a local immigration
attorney.
Powell described the qualities of a good prosecutor and the growing power of the prosecutor position across the country.
Most prosecuting attorneys in the United States are Caucasian.
Most prosecuting attorneys in the United States are Caucasian.
“….Their power is immense. They get to decide who to
charge and the type and number of charges leveled against an individual….Many
prosecutors run unopposed across the country and have strong party ties....When
there is unchecked power, problems often follow. Prosecutors are the most
powerful officials in the American criminal justice system,” said Powell.
For more links and information about Thurston County
Prosecutor Jon Tunheim, his findings about the police officer involved shooting
of Andre Thompson and Bryson Chaplin in 2015, the community response, and
Olympia police and community relations, go to Little Hollywood at
www.janineslittlehollywood.blogspot.com and type keywords into the search
button.
Editor’s
Note, May 6:
Little Hollywood made a few clean-up edits to the original story, such as correcting
the spelling of local immigration attorney Steffani Powell’s name and clarifying that
the LEAD program is a pre-booking diversion program, not a “pre-diversion
program.
In
the interview, Minjares also referred to The National Center for State Courts
(NCIC) report about Thurston County Superior Court. That paragraph was dropped off in editing.
