“To Be Or Not To Be: Who Will Be Elected The Next District Attorney?”

Do you plan to vote in this upcoming election on or before November 3, 2020?

My blog is not work-related. Off the Record covers things that I encounter outside of work that shape me as a person and as a lawyer. So this post, on the recent Western Judicial Circuit District Attorney Candidate debate that occurred on Friday October 9, 2020, might seem work-related, but it’s not. Early voting begins on Monday October 12th in Georgia (check your local Board of Elections on information for early voting dates, times, and locations in your area), and it’s extremely important that the community is as informed as possible prior to casting their vote. The District Attorney’s Office (“DA’s Office”) has the power to prosecute, reduce, or dismiss felony charges, and can exercise its discretion on what charges are even brought and whether someone should spend time in jail or on probation. Who is elected has a major impact on criminal defense attorneys, their clients, and their communities at large.

*In this post I do not suggest which candidate to vote for. This post will be purely informative rather than persuasive. The words/phrases used are the candidates’ and not mine.*

*If you do not live in Athens/Oconee, Georgia, you can still gain some insight from this post and use the information provided when deciding who to vote for in your area on positions related to the criminal justice system.*

Georgia’s Western Judicial Circuit (“WJC”) consists of Athens-Clarke County and Oconee County. The 3 candidates running for District Attorney for the WJC are: James Chafin, Deborah Gonzalez, and Brian Patterson (in alphabetical order).

The debate was hosted by the Economic Justice Coalition of Athens, GA, the Georgia Coalition of the People’s Agenda, and the Athens Alumnae Chapter of Delta Sigma Theta Sorority, Inc. and it was moderated by Chaplain Cole Kapper. The debate began with the 3 candidates introducing themselves, their professional background and experiences, and what they plan to achieve if elected DA. You can find out more about them and their campaigns on their websites. Now, let’s get to the good stuff! The recording of the video is probably still on the Athens Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Facebook page, but the crux of the candidates’ answers to the questions are here in writing so we can hold the next elected DA accountable when he/she takes office.

Question	Chafin	Gonzalez	Patterson
If elected DA, do you agree/promise to seek an independent audit of the DA’s office within 12 months of taking office?	Yes. The DA’s Office is a public office.	Yes. It’s important for the people to understand what’s happening; an audit has not been done in past 20 years under previous DA.	Yes. Wants people to know about the work done and the progressive reforms. Everything is done in open court open to the public.
[Follow up] Why hasn’t an audit been scheduled in 20 years?	One was previously scheduled but the auditors cancelled for whatever reason.	——–	One was previously scheduled but the auditors cancelled for whatever reason.
Do you believe that overcharging is an issue in the WJC? And if you believe it is, if elected DA, what would you do about that?	No. Chafin explained the process of the magistrate court judge and the grand jury having to find probable cause after reviewing warrants and some evidence before most violent cases can be indicted. Doesn’t believe charges are brought just to get pleas or that maximum charges are brought just to get a lesser plea.	Yes. Believes overcharging has been used by DAs as a strategic tool to end a case quickly through plea negotiation, or there isn’t sufficient evidence to convict on the actual crime the defendant is alleged to have committed. She outlined the policies she plans to implement (listed below chart).	No. Cases are brought on credible, persuasive, admissible evidence in light of burden of proof and presumption of innocence. DA’s role is to seek charges based on what the truth is about what happened, who did it, and why.   He bases his charging decisions on his 18+ years of doing the work.
GA has a higher percentage of its residents on probation and for longer terms than any other State. Do you see this as a problem, and if so, will you pledge to address it?	GA in 2008 reduced the prison population for non-violent offenders, thus more people were placed on probation. Believes the DA’s office has been successful at reducing confinement considerably in GA, and utilizes the option for probation to terminate early with behavioral incentive dates. Believes more work needs to be done and wants more use of pre-trial diversion and youthful offender programs.	Mass incarceration is a result of the way the DAs have chosen to enforce the laws on specific minority communities. 1 in 18 Georgians are under some kind of community supervision that makes their lives precarious. One of Nathan Deal’s goals of criminal justice reform was to reduce mass incarceration, but that led to defendants sentenced to shorter jail terms but longer probation terms.	Doesn’t see this as a problem. July 2017, SB 174 amended laws — Courts now may end the probation early if in interest of justice, and in certain circumstances, after 3 years the probation officer will provide the court with a written report and court can terminate probation then. The law builds in safeguards to make sure the probation is to affect the goals of the sentence.
Have you read Michelle Alexander’s The New Jim Crow? Studies show major racial disparities in drug law enforcement despite the fact that white people and POC use and sell drugs at the same rate. If elected as DA, what would you do to minimize these disparities?	Yes, he has read the book. One of the takeaways: decisions that are made have long-lasting, lifetime effects on people, and we have to acknowledge and understand that. He wants to work with non-violent offenders who are eligible for retroactive first offender/record restrictions. Enforcement of the laws need to be equal and investigations shouldn’t be based on anything but whether there is evidence a law was broken. Judges are the ones who do the actual sentencing.	Yes, she has read the book. The research in the book is a call to action to those working in the criminal legal system and a way for those not involved to open their eyes and for the community to hold elected officials accountable for systemic racism in the CJS. If elected DA she plans to acknowledge there are these disparities, evaluate the records of the prosecuting attorneys in the office, and analyze the results of Black defendants vs. white defendants.	Yes, he has read the book. One of the takeaways: history of federal sentencing guidelines results in mass incarceration for non-violent drug offenses. The various treatment courts address those struggling with addiction, mental health issues, and challenges of veterans. DAs can think about the alternative ways to address the underlying causes of drug cases and analyze underlying reasons that bring people in contact with CJS so they can move forward.
Do you see systemic racism and implicit bias as issues in the CJS? And how will you seek education and training for the staff in the DA’s Office?	Those are issues we see in society on a daily basis. When it is in society it will also be in the CJS. He just attended an online training on implicit bias earlier this week. Believes prosecutors should be taking those courses because they’re very illuminating and educational.	They are affecting the system now. The DA is such an important position to combat the systemic racism. Training by itself is not enough, more needs to be done after and beyond the training to make sure the attorneys are applying what they’ve learned. Is what the DA’s office is doing now working for Athens?	Racism and implicit bias can affect any part of the CJS, beginning with police/citizen encounters through the system. For 18 years he says he has held LEO and governmental officials accountable when they have crossed the line. The DA’s office solicits input from all affected persons including defense lawyers to try to reveal racial bias.
If elected DA, how would you handle a fatal use of force incident involving local police? Do you think justice was served in the Breonna Taylor case?	The 4 things the DA’s Office needs to do to keep the public’s trust throughout the investigation are: (1) be open and transparent with the public; (2) release video evidence to the public on these cases; (3) immediately bring in an independent investigator to investigate the circumstances; and (4) be transparent with the public again after the investigation is concluded. Those things did not happen in Breonna Taylor’s case so justice wasn’t done. Doesn’t believe there was justice in her case. Believes the DA serves the public, and just the public, and LEO are not their clients.	Breonna Taylor’s case was such an injustice; the indictment didn’t charge the officer who actually shot her, but charged the officer who shot the wall because it almost hit the white neighbor. The job of the DA is to be just and fair in all cases. When a crime happens, DAs need to look at who committed it and who caused the harm to the community, and that person needs to be held accountable. Being a law enforcement officer should not determine the outcome or whether an investigation should even take place. Accountability applies to everyone.	In officer-involved shootings, there needs to be an independent and complete investigation and that is usually conducted by the GBI. Once the investigation takes place, the findings of the GBI are sent to the DA for further review and consideration. He explains the different options a DA then has when reviewing the case.  Breonna Taylor was an innocent person and her death is an absolute tragedy. Raises serious concerns re: what information is included in search warrants and what level of force is used in the execution.
Do you believe that Black Lives Matter?	Yes.   Sees the pain and hurt of victims and their families due to violence in the streets. In this job, you come into contact with POC who have lost loved ones and suffered tremendously. Should never forget DAs are called to seek justice for everyone and to be fair.	Yes.   She put together a group of 72 legal observers to be present to protect protesters in the Black Lives Matter protests. It is more than just a statement to her. It is a value to her. She signed Marsy’s law when she was in the legislature, which is the law the DA’s office currently follows when they make sure the victims have their rights.	Yes.   Many of the people who are victims of crime in the community are African Americans and persons of color. He is proud to have been a voice for them in court. Has treated all persons, defendants, witnesses, or victims, with compassion dignity and respect.

*There were 2 additional questions asked from the audience that I did not include in this table because not all 3 candidates were able to respond to those questions due to time restrictions.*

A large part of Patterson’s platform is his 18 years of experience as a prosecutor. He is currently the acting District Attorney for the WJC, previously Chief Assistant DA. Throughout the debate, Patterson made direct attacks against Gonzalez and accused her of not having any trial experience, not ever having any discussions with crime victims, and never implementing any criminal justice reform. Gonzalez corrected Patterson many times and stated each of his accusations were false and cautioned him to only speak to actual facts.

Gonzalez was the GA State Representative for District 117. Things she plans to implement if elected (written so she can be held accountable if elected):

• (1) screen cases rigorously & early to determine if evidence supports all elements of the charge to result in dismissed cases;
• (2) won’t require the maximum possible charge to be filed just to get the defendant to plea to something;
• (3) won’t permit seeking the death penalty or life without parole just because a plea wasn’t reached;
• (4) won’t make a plea offer if the charge cannot be proven beyond a reasonable doubt;
• (5) will limit the threatened use of sentencing enhancements based on the defendant’s criminal history and will require a supervisor’s approval when sentencing enhancement is sought; and
• (6) will support legislation that eliminates mandatory sentencing.

Chafin is currently the Deputy Chief Assistant District Attorney for the WJC. He has had 14 years of practice as a prosecutor in WJC and doesn’t believe this race is about politics. He is running because he believes criminal street gangs have become an issue, and the DA needs to eradicate them by engaging children early and often within the school system. He doesn’t believe that young offenders are lifetime criminals, and he believes young offenders deserve a second chance.

If you care even just a little bit about those involved in the criminal justice/legal system, and how the system affects our communities, you will take the time to seriously consider which candidate you will cast a vote for. Go to their websites. Go to the Athens and Oconee Clerk of Court websites. The majority of the information from the beginning to the end of a case is available for free on the Clerk’s site. Go attend court proceedings; the superior court judges have websites with their calendars so you can see some things for yourself. And if you do not live in Athens/Oconee, I am pretty sure that your courts and judges have similar websites with public information. Make your own decision on whether you think someone completely new should hold this position, or whether someone who works under the current regime should remain.

“The way of a fool is right in his own eyes, but he who heeds counsel is wise.” – Proverbs 12:15 NKJV.

Moni Jay, Off the Record