Seattle City Council member defends proposal that would dismiss some misdemeanor crimes

SEATTLE — Seattle City Councilwoman Lisa Herbold on Tuesday stood by her proposed legislation that would allow for the dismissal of some misdemeanor crimesfor some offenders.

The proposal would allow for the dismissal of crimes of poverty and it would do so by expanding the definition of duress as a defense against prosecution.

If approved by the full council, defense attorneys could argue in court that a person’s addiction, mental health disorder or poverty level could have influenced their decision to commit a crime.

In those instances, Herbold's legislation would give Seattle Municipal Court judges the ability to dismiss those criminal charges.The offenses that would be covered by the ordinance would include just about any crime below the level of a felony while excluding charges of driving under the influence or domestic violence.

“This bill as proposed only provides a defense,” she said in an interview Tuesday. “It’ll still be up to a judge or jury to decide whether or not it’s a good defense.”

Herbold said the city spends roughly $20 million on incarcerating defendants every year.

As part of the budget approval process for 2021, Herbold said it’s important to find ways to invest in interventions that can result in a reduced incarceration rate.

“I think it’s a change that is intended to embrace transparency and empower and put our trust in judges and juries to have the entirety of a story in making these decisions,” she said.

King County Director of Public Defense Anita Khandelwal said the legislation would not fundamentally change the workings of the justice system.

“It’s not a radical change from where we are now,” said Khandelwal, who supports the legislation. “It just offers the ability to tell the jury a little more about what may have been lying at the core of a person’s conduct.”

Critics say this will lead to a rise in crime across the city with more leeway given to offenders.

"All cities have criminal codes to protect their citizens from criminal acts," said Scott Lindsay, the former public safety advisor for the city. "This would essentially create a legal loophole that swallows all those codes and creates a green light for crime."

Khandelwal rejected that argument, saying those arrested and charged with misdemeanor crimes will still go before a judge.

“Those people have always been charged and they will continue to be charged,” she said. “The question is will a defender be able to use this new definition of duress to amount any kind of defense? In some cases, the answer will be yes and in some cases the answer will be no, and the person will be convicted.”

Lindsay warned this legislation is geared to support the rights of the suspect rather than focusing on the protection of the public.

"If you don't feel very protected right now, this would wipe out almost all remaining protections that we have," he said.

Herbold said she has support for her proposal from three other council members. The proposal will undergo a month of scrutiny and analysis from the public, city staff and other Seattle City Council members.

A council vote is expected on the 2021 budget in late November.