Image via holmesforseattle.com.
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City attorney Pete Holmes was first elected in 2009 as a reformer. A bankruptcy attorney who advocated for marijuana legalization and was one of the original members of the Office of Professional Accountability Review Board (OPARB), the body that reviewed disciplinary decisions in police misconduct cases, he challenged then-incumbent Tom Carr from the left, assailing Carr for cracking down on minor crimes like pot possession and waging war against bars and clubs while letting DUI and domestic violence cases molder. Now, Holmes’ challenger, Scott Lindsay, is ripping some pages from the city attorney’s own playbook, accusing him of going soft on police accountability, ignoring the consequences of the opiate epidemic, and ignoring problems in homeless encampments. I sat down with Holmes to discuss his record, his path to reelection, and the case his opponent laid out against him at a Starbucks across the street from City Hall.
Erica C. Barnett [ECB]: Your opponent, Scott Lindsay, got in the race late, and only after his boss, Mayor Ed Murray, was accused of sexual abuse. Were you surprised that he decided to run against you, and how do you respond to his statement that you have little to show for your two terms in office?
Pete Holmes [PH]: [When I ran], I was at that point in my legal career that I finally felt that I just maybe had enough experience in the law to be the city’s lawyer. Back in ’09, when I ran, I had made partner at a major downtown firm; I knew my way in and out of court; I advised big and little clients businesses and individuals; and I really had a sense of what the law was about. All of that readied me for the challenges that lay ahead at the city of Seattle.
“I think Scott wants a job, and I would just urge him not to give up on that ambition, but learn what it’s like to be a lawyer first.”
A candidate for office told me recently that from their perspective, I was a candidate that ran for a specific office with a specific mission and that was absolutely right. It was no surprise to [then-city attorney] Tom [Carr] that I was going to run against him. I had spent the previous three or four years at that point debating with him, trying to get him to do the right thing on transparency and police accountability, trying to work with him, and finally realizing that, you know what, I can’t complain. I need to step up and say, ‘Here’s my vision, and it’s different from yours.’ We had big difference of opinion on police reform, drug policy, things like that, and it was only at that point in my career that I felt like, I know what the practice of law is all about, I feel secure in the knowledge that I’ve learned my craft, and maybe, just maybe, I could presume to be the city’s attorney.
I think Scott wants a job, and I would just urge him not to give up on that ambition, but learn what it’s like to be a lawyer first.
ECB: Lindsay received some surprising early endorsements from two members of the Community Police Commission who had been your allies, Lisa Daugaard and Harriett Walden, who both argued that you had hindered the group’s efforts to increase civilian oversight of the Seattle Police Department. Daugaard criticized you, specifically, for opposing the CPC’s request that it be allowed to refer complaints directly to the city’s Inspector General for investigation, and for your request to delay submitting police reform legislation to the council. Without getting too far in the weeds, what was your issue with the way that the CPC wanted to implement civilian oversight, and why did you seek to start the process over?
PH: The sheer size and scope of the CPC is, I think, the biggest concern. A budget that’s probably close to $2 million annually is something I’m not sure the city can afford. But the really fundamental question I have is, why we have allowed ourselves to forget the fundamental purpose of civilian oversight? It’s to hear what the community thinks about policing services as delivered where they live. I think Lisa would say her theory is that the CPC should be a commission of subject-matter experts—her, term not mine—and my counter to that is, I want all of my expertise, my academic and practical expertise, to be in my command staff and especially my chief of police and my professional overseers, like the [Office of Police Accountability, formerly the Office of Professional Accountability] director, who’s investigating individual misconduct cases, and the inspector general, who’s looking more broadly at policy.
“We’ve had all of these reform efforts that end up with a blue ribbon panel pontificating about the need to get community involvement and things are smoothed over for a little while. So the fact that we’re under federal oversight is our best opportunity and maybe our last opportunity.”
So what role does the CPC serve? It’s to say how well all this expertise is translating into the streets. Is the chief managing appropriately? Is the inspector general managing broad policy themes that need attention? Is the OPA director holding people accountable for the thoroughness of investigations? At the end of the day, we need to know how the guys who have a gun and a badge are interacting with our fellow residents here in the city, and if you’ve got a committee of subject matter experts that are studying established practices and doing all those kinds of things things that I hope the IG and the OPA director and the chief of police are doing, then who’s taking the time to listen to the community?
There’s one person that you ultimately hold accountable for holding your cops accountable, among many safeguards, and that’s your chief of police. So number one, if you have taken all of these policy areas away from the chief, then the chief will say, ‘You know what, I’m sorry that our department is not delivering services to, say, an African-American community the way you think they should, but you took all that power from me and you gave it to this commission of subject matter experts.’ And it’s already difficult enough under our current contracts for discipline to stick. All of the major discipline decisions, all the firings [Police Chief Kathleen O’Toole] has done, with very few exceptions, have been contested, and my office has to defend all those things. So what I worry about is not only would your existing chief finally say, ‘You know, look, I give up,’ but when you have to replace Chief O’Toole, who’s going to come to a city that is so heavily laden with politics and procedure? It’s like, ‘Can I run my department, please?’ It might scare away a good candidate.
ECB: Do you expect that the ongoing effort to comply with the federal consent decree that’s currently still in place at SPD will remain on track, given that Attorney General Sessions has suggested that he wants to pull back on police reform?
PH: What we have to remember is that we would not have made the progress we’ve made to date, including the CPC, but for the federal intervention. We’ve tried over the decades to do reform and have only gotten a little bit of window dressing, and then it goes away. The unions retain their power through a collective bargaining agreement and mayors routinely get worn out and say, ‘Oh, God, please just get it done so I can move on to the next thing,’ and we’ve all inherited decades of that. We’ve had all of these reform efforts that end up with a blue ribbon panel pontificating about the need to get community involvement and things are smoothed over for a little while. So the fact that we’re under federal oversight is our best opportunity and maybe our last opportunity.
Fortunately, we’ve got that so-called judge [federal judge James Robart, whom Trump called a “so-called judge” when he refused to enforce the original travel ban]. I really think Judge Robart is nothing but a no-nonsense judge and he is not going to say his order has been met fulfilled until he believes the order has been fulfilled. Jeff Sessions is not going to tell him when it’s been fulfilled, and for that matter, no one of us city officials is going to do that. I do think that at some point, I’d like to see the unions in front of Judge Robart bringing forth all their concerns so that we can really have comprehensive contract-based reform.
And by the way, it’s not about the size and scope of the CPC that I first broke with Lisa [Daugaard]. They lobbied hard to make me appeal Judge Robart’s decision [delaying the city’s police reform legislation in 2016] and make them a party to the lawsuit and at some point I just said no.
“At some point, the city has got to be able to negotiate its contracts. It’s got to be able to hire and fire officers. It’s got to be able to appoint chiefs. The [CPC’s] approach is going to actually confound the ultimate goal of having a well-disciplined, well-trained, and community-respected police force.”
If [the CPC is] telling the council that Judge Robart is stopping [them] from doing [their] work and that the city attorney is letting him get away with it, it’s really hard to go back to the council and explain that we would not be where we are but for Judge Robart and this consent decree. It’s the same pitch that I couldn’t get [former mayor] Mike McGinn to fully appreciate. I remember telling him, ‘Mike, no one’s going to blame you for the police department you inherited, and nobody’s going to forgive you if you let this opportunity go away. So you can either treat DOJ as an invading force or the wind in your sails for reform.’ And we never quite got on the same page, but it’s kind of the same theme that was playing this time around, with the CPC wanting to be permanent, full-throated advocates in front of the judge. At some point, the city has got to be able to negotiate its contracts. It’s got to be able to hire and fire officers. It’s got to be able to appoint chiefs. The [CPC’s] approach is going to actually confound the ultimate goal of having a well-disciplined, well-trained, and community-respected police force. That’s my concern, and you can’t explain that in a sound bite.
ECB: It seems to me that there’s a fair amount of bad blood between you and Lisa Daugaard.
PH: It’s not bad blood. I believe she sincerely believes in what she’s doing, but she cannot be chief of police and Inspector General and OPA director all in one fell swoop, and you can’t make the Community Police Commission into those bodies. I think fundamentally, who represents the community is really the question. Just because the Community Police Commission has ‘community’ in its name doesn’t mean they own the community.
“When you get to the point where you’ve exhausted a housing-first services approach and you’ve still got someone who says, ‘I like being here stealing bicycles or dealing drugs’ or whatever, then you’ve reached a point where you say that’s not an option. You’re going to be arrested and Pete’s going to prosecute you.”
ECB: Will you extend the Law Enforcement Assisted Diversion program [which gives low-level offenders the opportunity to avoid charges if they accept services and participate in a structured diversion program] to the rest of the city, and is there anything you would like to change or improve about the program?
PH: Intuitively, I am convinced that LEAD is a correct approach. A correct approach—not the correct approach. Because LEAD addresses one small element of the overall population that we need to address. The danger with elevating something like LEAD as the answer, the silver bullet, is that if you’re looking a 360 degree [range of offenders and solutions], LEAD represents only about ten degrees of that arc.
You remember in 2013, when I got that letter from SPD about 28 or so of the so-called hardcore offenders downtown, and they demanded I issue warrants for all of them? I said, ‘No, because you did none of the background work to tell me what their issue is. You can’t just tell me you issued three tickets to them and they didn’t respond. I want to know, are they homeless? Are they drug addicted? What have you done to address their issues?’ And if you’ve done all of that and they’re resisting, they’re just simply refusing our offer, then you’re right. Then we’ll intervene. But you’ve got to show that it’s a credible threat.
Same thing with homelessness. I’ll work with you nine ways to Sunday to figure out what are your obligations when dealing with the homeless encampments, but I’ve got to tell you that when you get to the point where you’ve exhausted a housing-first services approach and you’ve still got someone who says, ‘I like being here stealing bicycles or dealing drugs’ or whatever, then you’ve reached a point where you say that’s not an option. You’re going to be arrested and Pete’s going to prosecute you.
ECB: Since you brought it up, let’s talk about sweeps. How do you think the city’s new Navigation Team, which your opponent takes credit for setting up, is doing at getting people living in encampments into shelter, housing, and services?
PH: I think that the Navigation Team is learning that if they don’t have actual, real resources, they won’t succeed. I don’t mean the Taj Mahal. But the shelters don’t work for a variety of circumstances. We’ve got to meet people where they are. If we’re providing housing that addresses all those areas and it’s refused, then you have to act. You have to say, ‘You can’t stay here,’ and you’re going to make an arrest at some point.
It’s interesting how all our labels are conclusory. If it’s bad, it’s a sweep. If it’s good, it’s an encampment cleanup.
ECB: I would say ‘sweep’ is fairly accurate. I’m not calling it a ‘purge.’
PH: If you’re not, as a practical matter, addressing human needs, if you’re not dealing with their personal effects, then yeah, I guess it is a sweep. But if you are doing that and you’re simply doing a cleanup, that’s a positive sweep. That’s sweeping up the detritus, the non-valuable property left behind that’s just from living and the human condition.
“If you want to avoid the guy passed out on your store or doorstep, if you want to deal with that compassionately and effectively of course we’ve got to have this. And maybe it’s going to be next to [someone’s] home in Laurelhurst.”
ECB: Scott seems to blame you for ending some of the specialty courts that were once available as alternatives to the regular court system, like mental health court and community court. Why were those courts eliminated, what were they replaced with, and how do you think the current system is working?
PH: I think that the defense bar recognized that by opting into community court, they were basically agreeing to a much longer [period of] supervision and interference than if you just simply said, ‘No, I’ll take my chances at regular court.” The defense bar was advising clients not to accept the community court offer because there were too many conditions attached to it. So what the municipal court did was to say that instead of community court being the one place where you opt in [to alternatives to incarceration that include access to services], we want to make sure that all of those resources are available to all judges in all cases so that they can fashion remedies. In some ways, the municipal court may have expanded community court rather than disbanded it. So Scott doesn’t have the full story. It is in transition. I believe the defense bar would prefer to be working with us, because when we, both prosecutor and defender, see someone who is in the throes of an addiction and of course is making life miserable for everyone around him as well as himself, the last thing we want to do is just throw him in jail.
ECB: How will you support the creation of a supervised drug consumption site in Seattle, and how likely do you think it is that Seattle will accept it?
PH: We got to a state with marijuana where people are finally saying, ‘This actually works pretty well.’ Like the holdout cities that were saying, ‘No way are we gonna allow pot use in our city’—they’re starting to see that Seattle went from over 150 unlicensed, troublesome [medical marijuana] dispensaries to 50 well-lit, well-regulated legal dispensaries. And now they’re saying, ‘I want some of that in my town.’ It’s going to be the same thing with these medical sites We made the decision, wrongfully, to say, we’re going to put public health problems in the criminal justice system. So my role has been to try and slowly release those tentacles and get medical and health care professionals to get responsibility for it. When people say, ‘Where should they be?’ I say, I don’t know, but that’s why I want to hear form the medical professionals. And then I’ll help you with the land use issues and the criminal jurisdiction issues.
ECB: The answer to the question of where a safe consumption site will be located is purely political, though—it’s wherever people will accept it.
PH: I’d say that’s the cynical political answer. I think at some point, once we have helped switch this bad course that we went down of criminalizing public health problems, then I think we’re going to start seeing people get it. If you want to avoid the guy passed out on your store or doorstep, if you want to deal with that compassionately and effectively of course we’ve got to have this. And maybe it’s going to be next to [someone’s] home in Laurelhurst.
In some ways, opioid addiction might even be easier than marijuana legalization, because it cuts across all demographic groups. So what I think you’re discounting is that for every person who says, ‘I don’t want to step over them anymore,’ there’s also going to be a person whose brother is the person being stepped over. We showed a better approach [to marijuana use] than prohibition, and opioids is going to be a tougher one—it’s definitely going to need the medical community more involved—but I get so passionate about it, because you can just see how wrongheaded our traditional approach has been. And I could say, ‘Let’s do this’ and get reelected and start looking at the next office, or I can say, ‘How can I fundamentally change a bad policy?’ That’s not a small order. That’s a long haul.