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Friday, September 25, 2009

Civil Suits

Posted by on Fri, Sep 25, 2009 at 11:32 AM

City Attorney Tom Carr was visibly irritated listening to Pete Holmes, who is challenging the two term incumbent, as he spoke at a debate yesterday afternoon. Carr sneered incredulously, flush-faced and staring down at the table, waiting to rebut. “I am flabbergasted. I have never heard so many lies as my opponent just made,” Carr said, responding to the accusation that he couldn’t credibly advocate against building a new jail while also prosecuting nonviolent low-level offenders to fill the existing jail. “I’m the prosecutor,” Carr said. “I keep people safe.”

carr_drivers.jpg
Carr’s supporters also looked ready to rumble. A phalanx of police officers stood with Carr signs outside the debate, held at the clubhouse of the West Seattle Golf Course. They stood squarely in front of the “Pete Holmes for City Attorney” signs, blocking them.


Rich O’Neill, president of the Seattle Police Officers’ Guild, handed out anti-Holmes fliers. “Holmes has no criminal experience. None,” said O’Neill. “If he has been in a criminal courtroom, it is probably as a spectator.” He added that in the six years Holmes chaired the city’s police-oversight board, “His tenure has been filled with controversy and grandstanding.”

Clearly, Carr’s supporters wanted to focus on the city attorney’s function as the city’s chief prosecutor. Carr has been tough on domestic-violence offenders, aggressive about prosecuting bar employees suspected of serving minors, and stubborn about prosecuting pot possession cases despite a city law that de-prioritizes pot prosecutions. But the first questions posed to candidates applied to the job’s capacity as city’s legal counsel—in civil suits—a field where Holmes is on solid ground.

When should the city hire outside legal help—a decision to rely on expensive law firms instead of the city’s own resources? Carr defended hiring firms, specifically when a case requires expertise his office lacks or when time is limited. Holmes, who has decades of experience handling complex, multi-attorney civil litigation as a bankruptcy lawyer, shot back that Carr has routinely blown through millions of dollars hiring outside help. Sometimes, even with that help, the city has lost high-profile cases, such as the city’s case to retain the Sonics through the end of the team's lease. Holmes also charged that the law firm Stafford Frey Cooper, which handles the city’s police misconduct cases, has a conflict of interest by simultaneously representing the city and the officers, and that Carr has erred by offering the firm a no-bid contract. “That is precisely the kind of relationship we need to look at,” Holmes said.

Holmes and Carr
  • Holmes and Carr
But the discussion then turned to domestic violence, and Holmes took a stance especially unpopular with the crowd: a debate sponsored by the West Seattle Democratic Women. When asked how the candidates feel about “no contact” orders issued in domestic violence cases, Holmes struck a nerve. He said that some “911 calls were an overreaction and regretted by the victim, not the signs of escalating violence.” Ultimately, Holmes argued that city-paid domestic violence advocates should be independent of the prosecutors office—not under the watch of prosecutors trying to get convictions—to avoid overzealous “no contact” orders that split families. True or not, it was a sore point for that crowd.


“That answer there really scares me,” said Carr, standing up. He had noted earlier that his father, an alcoholic, died of an alcohol-related accident when Carr was 14 years old. “I don’t talk about this much,” he said. “When I was a kid, police would come to my house a lot. Back then, police would show up and just tell my dad to quiet down.” He added, “I think it would be very dangerous to reconsider no-contact orders and remove advocates from the system.”

Holmes refused to backpedal: “Truly independent advocates could do a better job of protecting victims of domestic violence,” he said.

Holmes's central argument is that that Carr has misplaced his priorities: pursuing low-level marijuana prosecutions, seeking a nine-month sentence for a man stealing a can of tuna (a charge Carr denies), and refusing to provide legal protection to police review board members. As for the "lies" Carr called out, Holmes had argued that community court had a higher rate of recidivism than regular criminal courts and that people had gone to jail for pot. Carr said that no one has gone to jail only for marijuana. In fact, a scan of records from 2005 show that people were jailed solely for marijuana possession. But more to the point, in the three years after marijuana was prioritized in 2003, Carr pressed charges against 75 people for marijuana possession alone. Holmes also says that as the chair of the civilian review board of police misconduct, he was frustrated that Carr’s office fought transparency. If elected, he says, “The first thing I will ask lawyers is, 'Are we restricting access to records for a valid reason or because we are afraid of liability?'”

Holmes noted that Carr's campaign has questioned “My qualifications under the [city] charter.” Carr shot back, “We have decided not to make it a campaign issue.” But that’s not true: Carr went on record twice about the issue, as Publicola reports. And in mid-July, Carr’s campaign manager, Cindi Laws, had been claiming that Holmes wasn’t an licensed attorney, and even argued on her Facebook account that an article in the Seattle Post-Globe was “Proof on paper that Pete Holmes doesn’t meet Seattle Charter requirements for the position he is running for. Bankruptcy attorney still trying to get blood from a stone.” But the director of the Washington State Bar Association quashed that discussion when she produced a certificate showing that Holmes has been an active attorney since 1986.

At the end of the debate, the group (West Seattle Democratic Women) voted on their endorsement. The West Seattle Blog reports that they endorsed Carr. But Christi Stapleton, an organizer of the event and member of the group, says that any press “may have to be retracted.” She said the group’s new rules for tallying endorsements have recently changed and the group has not officially released its endorsement.

Got questions for Carr or Holmes? Ask them in Electionland. They will answer on September 30 from 1:00 p.m. to 3:00 p.m.

 

Comments (19) RSS

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Will in Seattle 1
I thought he was running for Prosecuting ATTORNEY, not Police Chief or Top Cop?

Do we really want another Sidran?
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 25, 2009 at 11:35 AM
Baconcat 2
It's kinda spooky that Carr's taking the police force, meant to protect and serve the people and making them become his personal army, demonstrably working against citizen initiatives and the will of the people. He reinforces this by bringing as many police supporters as possible to these events, claiming he's demonstrating his desire to protect public safety by showing support among the ranks of the police.

The reality is probably that he's trying to scare the living fuck out of voters.
Posted by Baconcat on September 25, 2009 at 11:38 AM
3
Once again, you have absolutely ZERO idea what you are talking about, Dom. You can spew your own narrow-minded, ignorant views regarding what laws should or shouldn't be enforced, but they have absolutely zero meaning when discussing the ACTUAL legal process. Every single thing you write has the same predictable format: Conclusory statements followed by conlusory statement with no room for thoughtful or relevant analysis. You are the very definition of a stupid credulous hack. And that's fine. But don't pretend like you actually know anything about the legal process (aside from hiding your pot) because it is such a clear and blatant farce.

The real problem here is the system of electing city attorneys who end up becoming politicians instead of upholding their ethical duties as lawyers. The problems that you have with Carr stem DIRECTLY from the system of electing city attorneys instead of appointing them. The election process forces them to prioritize enforcement according to their constituents, rather than abiding by their legal duty. And the fact of the matter is that most constituents, including Dom, don't know SHIT about the law. Believe it or not, there are constituents who pressure Carr to make drug enforcement and underage drinking a priority. You have demonstrated time and again that you don't even have the slightest idea about what prosecutors, or lawyers for that matter, actually do. The least you could do is have a cursory understanding of the legal process and the nature of elected city attorneys.

Justice O'Connor had it right: Elected city attorneys and judges only serve to corrupt the legal process.
Posted by The Law Student on September 25, 2009 at 11:53 AM
Fnarf 4
The personal attacks on Dom aside, The Law Student is correct: electing attorneys is bad, and Carr is an example why.

But Holmes's answer on DV is, indeed, scary. if he thinks abusers are getting shafted by the system, he's full of it.
Posted by Fnarf http://www.facebook.com/fnarf on September 25, 2009 at 12:02 PM
Dominic Holden 5
@ 4) Agreed, it's absurd to elect our judges, city attorney, county assessor, port commissioner, and school board members. Those should all be appointed posts, and the accountability should be on the executive who appoints them. But alas, this is the system we have.
Posted by Dominic Holden on September 25, 2009 at 12:08 PM
Will in Seattle 6
I doubt he thinks all abusers are being shafted by the system. But the Innocence Project (a friend of mine was the Prof leading that here in this state) shows that it is possible some, especially those without financial or political pull, may be shafted.

More info on all the issues would be helpful, of course. Let's hope people ask questions in ElectionLand.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 25, 2009 at 12:10 PM
7
Did Justice O'Connor include attorneys in her statement? I thought she only mentioned judges.

In my opinion, Attorneys should be elected. If we appointed them, we'd have no way to recall them when they pay attention to our priorities.

The city attorney's job is very different than the mayors. I like that Carr doesn't have to take orders from the Mayor in the same ways the police chief and fire chief do.

We've had two bad city attorneys in a row. This does not prove the system is flawed. Perhaps we're drawing from a tainted pool of talent.

Baconcat @2 -- Maybe you should ask yourself why the cops are supporting Carr. You realize, of course, we don't live in a fantasy world where the city attorney can order people to show up at his rallies.
Posted by six shooter on September 25, 2009 at 12:29 PM
Geni 8
Holmes' statement on no-contact orders scares hell out of me. There's already entirely too many people who've discovered that getting that piece of paper doesn't protect them from their abuser or stalker; the last thing we need to do is weaken them further. Not enforcing those orders is just asking for more people to be killed by their abusers.
Posted by Geni on September 25, 2009 at 12:32 PM
Eric Arrr 9
Is it really such a problem that City Attorney is an elected position? Prosecutorial discretion is of such breadth that I think it ought to be exercised in keeping with the standards of the community.
Posted by Eric Arrr on September 25, 2009 at 12:34 PM
gloomy gus 10
Carr's a creep, and Holmes' remarks were creepy. Thanks for the great reporting.

Though I remain wary of too much optimism around appointments - they do come with their own, er, loopholes - having fewer elected officials and more appointed ones does make especial sense right now. We're far from finished with our era of incredible shrinking news outlets and gotcha politics.

If the few working journalists left were able to concentrate on vigorously examining just the biggies, maybe each of our ballots would wind up a little better informed. And wouldn't that make appointments less likely to lead back to old-school patronage?

For City Attorney it would take a Charter Amendment. I believe the county superior court and state court judges would have to be switched to appointment only by amending the state constitution. School board, I dunno.
Posted by gloomy gus on September 25, 2009 at 12:42 PM
Eric Arrr 11
Oh, and in re. civil suits:

The arrangement with Stafford Frey Cooper should be a scandal. The SPOG has it made with this one: if a cop gets out of line, Stafford Frey has a blank check from the city, and will happily litigate the case to the ends of the earth, leaving no hour unbilled in that cop's defense.
Posted by Eric Arrr on September 25, 2009 at 12:44 PM
Eric Arrr 12
And let me add to my own point in re. #11,

When accused of a crime, a defendant has to weigh the cost of their own defense when determining whether to continue to defend themselves or accept a plea arrangement.

When accused of misconduct, police officers have no such concern. The city picks up every dime, without limit.
Posted by Eric Arrr on September 25, 2009 at 12:54 PM
Will in Seattle 13
Very true in that last line, Eric.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 25, 2009 at 1:02 PM
14
When Doug Jewett was City Attorney, the dv advocates were independent of the criminal division, and the result was more no contact orders; the lawyer would decide the case sucks but the advocate would press to file it and the higher authorities would support the advocate. Holmes is correct that often victims regret calling the police, but he is ignorant if he thinks that means the guy is innocent. In San Diego, police film dv victims at the door, showing not only the cuts and bruises but also the excited utterances of the victim (an exception to the hearsay rule in many cases; there's a confrontation clause complexity here, but that's for another post someday) and they prosecute the cases without the assistance of the victim. That's excellent law enforcement and prosecution, but Seattle hasn't adopted it, even with the inexpensive technology now available. When Sidran was city attorney, the criminal division was dispirited. Carr made no changes. Sidran did an excellent job changing the way the civil division worked; it was and is an effective law firm. Carr changed little there except for the unacceptable hiring of outside firms. He's got really good lawyers in the civil division; let them defend the city. The criminal division needs an ass-kicking; Holmes will more likely do it. And his position on domestic violence prosecutions will change when he's elected.
Posted by Algernon on September 25, 2009 at 1:12 PM
15
The city did not lose the Sonics case; the parties settled in the morning before the verdict was to be issued.
Posted by Eastside Por Vida on September 25, 2009 at 1:31 PM
16
From someone who was at the debate, let me clarify what Holmes said about no contact orders and DV: In cases where the victim says s/he does not want a no contact order, Holmes said it should be easier to get the order lifted. In no way did he advocate changing the process for no contact orders where the victim wants one or lifting no contact orders where the victim is being coerced by the defendant into recanting. Holmes also stated that independent DV advocates could do a better job working with victims if they were independent than they currently can as part of the prosecutor's office.

According to Carr, the city gets about 1,500 DV cases a year. They are not all alike. Some involve spousal or other romantic relationships; some are parent-child or other types of domestic relationships. Some involve injuries, some don't. Some involve serious threats of future violence, some don't. Some are cases where the victim is afraid of the defendant, others are cases where a couple got into an argument (not necessarily even physical), someone called the police, and the police arrested someone even though neither member of the couple wanted an arrest or a charge. Holmes demonstrated that he would treat different cases differently, especially where it involves respecting the wishes of a victim. Carr sees everything as an absolute. Frankly, Carr's views are the scary ones.

A few years ago, the Weekly wrote extensively about situations where no contact orders are entered against the wishes of the victim. Worth reading: http://www.seattleweekly.com/2007-10-31/…
Posted by Artemis on September 25, 2009 at 2:28 PM
seandr 17
Before you all freak out about Holme's statements re domestic abuse, read Nina Shapiro's article.

The fact is, most domestic violence incidents do not fit the model of "dangerous man habitually beats woman to within an inch of her life". Yet that is how every incident is treated by our system, and in most cases, that system completely fucks over the victim, the accused, and their children.

I'm surprised Holme's deviated from the politically correct line on this topic, but the fact is, he is right, the current system is completely broken.
Posted by seandr on September 25, 2009 at 3:57 PM
18
@7: The cops are "supporting" Carr because they've been told to show up by their union. Do you really think that all those individual cops are keeping close watch on the election and the candidates and are deciding each day, "I'm going down to support Tom Carr, and I'm going to line up with all the other cops who are deciding independently to do so, and we'll hold signs in front of the Holmes signs"? Sure they are.
Posted by sarah68 on September 26, 2009 at 11:45 AM
19
Bottom Line... Holmes is an idiot who has no clue about the role of the city attorney. He has said he would not back legislation he doesn't agree with. That would be an egregious abuse of power. The city attorney, like the state attorney general, is charged with defending the laws on the books whether they agree with the laws or not.

Pete Holmes has, in his history and his campaign rhetoric, promoted politics over rights and constitutional process AND made it clear that he has no understanding or respect for state and city law.

I can appreciate his passion and his viewpoint but he is pathetically underqualified to be the city attorney of a major US city.

He will probably be elected but I reserve the right to say "I told you so you dumb-ass motherfuckers!" when he costs the city b/millions and doesn't solve a single pressing issue.

Please, read his campaign literature and tell me why you think he is qualified... It's like saying a SkyCap at SeaTac is qualified to run the Port of Seattle.

You will vote for him because you hate reality but I will mock you the entire time he is in office...

Posted by You Dumb Asses Suck!! on September 27, 2009 at 2:11 AM

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