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    Home » We negotiated the SPD consent decree. Here’s what comes next
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    We negotiated the SPD consent decree. Here’s what comes next

    FreshUsNewsBy FreshUsNewsSeptember 5, 2025No Comments5 Mins Read
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    The U.S. Justice Division announced this spring it will discontinue investigations of police departments, together with Seattle’s, that have been accused of civil rights violations and terminate the court docket orders, referred to as consent decrees, that adopted the investigations.

    Whereas not all decrees are good, this blanket elimination deprives leaders, communities and police of a robust device of reform. Our consent decree improved policing with out a rise in crime or in officer harm. However, because the decree ends, the following, extra pressing query is: How can communities and departments proceed to enhance policing and public security?

    We’re among the attorneys who, in 2012 on behalf of the DOJ, negotiated every paragraph of the decree with town of Seattle. We all know what the decree, overseen by Choose James Robart, was supposed to perform. Our investigation discovered that SPD engaged in systemic extreme drive — notably towards these in psychological well being or behavioral disaster — and recognized issues concerning biased policing. It was one among solely 14 such decrees entered into nationwide throughout President Barack Obama’s two phrases, though there are 18,000 regulation enforcement companies within the U.S.

    Seattle police, with neighborhood teams, led the large operational adjustments required by the decree, which included:

    ● Mandating that officers — when security permits — try and “de-escalate” risky conditions — one of many first departments nationally to take action;

    ● Conducting a whole bunch of hours of training;

    ● Launching strong reviews when drive does happen;

    ● Gathering knowledge enabling detection and correction of developments like racial disparities.

    Importantly, the decree created the Community Police Commission to bridge the gaps between SPD and residents. Seattle exceeded the decree by making the fee everlasting, broadening its authority and by creating the Office of Inspector General to look at the policing system as a complete. A companion agreement to the decree deputized the CPC to evaluate officer self-discipline techniques.

    The outcomes have been outstanding. The OIG found:

    ● By 2016, severe makes use of of drive had dropped 60% in comparison with 2009. And from that time to 2021, makes use of of all drive fell one other 48%.

    ● How officers apply drive modified, too. There have been solely two officer-involved shootings in 2023, the fewest since 2015; Taser use dropped 80% from 2009; and using the baton evaporated, assuaging our concern that officers too shortly resorted to that device.

    ● The usage of drive towards these in energetic disaster plummeted, from 70% of all drive utilized in 2009 to 9.8% in 2019-20, despite the fact that SPD has 10,000 such incidents yearly.

    ● From 2022-23, there have been no situations of officers making use of probably the most severe drive, together with shootings, towards folks in energetic disaster.

    Because the federal monitor additionally has reported, there was no decline in public safety or improve in officer harm due to the decree.

    However, the decree was crafted to deal with day-to-day policing, not drive used at protests, which has been a priority in Seattle for over a quarter-century. In 2020, the distinction between responding to a single particular person and to massive protests was manifested. How a metropolis responds to demonstrations is vital and absorbed a lot of the final years of the decree. However, these weren’t guarantees made or left unfulfilled by the decree. Nonetheless, Judge Robart said a year ago that he remained “deeply involved” concerning the metropolis’s ongoing struggles with a coverage governing crowd management. 

    Because the decree sunsets, what classes could we take ahead? How does town proceed to deal with, for instance, racial disparities, which have been present in each above-referenced report, regardless of efforts to get rid of them?

    There isn’t a want to attend for a consent decree. No want to attend for the federal authorities or a federal decide. The top of consent decrees just isn’t the tip of police reform. You want solely search alignment with neighborhood teams to forge a shared dedication to a typical vacation spot, to collaboration, to mutual respect, and to shared credit score for the issues that work — and sincere recognition when issues don’t. 

    So, sure, the consent decree in Seattle confirmed that the federal authorities and courts can play a task in enhancing policing. However it isn’t the one approach. 

    Whereas a consent decree is usually a catalytic device, and a decide can play an vital position, right here the court docket, SPD and the neighborhood have been finally rowing in the identical path with backing from the mayor, the Metropolis Council, town legal professional, the Justice Division in each Washingtons and the CPC. But it surely was additionally the 34 neighborhood teams that organized and advocated ceaselessly, the media that reported on and investigated police misconduct for generations, and reform-minded police management who set the course for what adopted.

    Sturdy progress requires a broad dedication to construct one thing higher collectively, to know it can generally fall brief and to maintain working when it does. Actually a whole bunch of individuals within the Seattle Police Division and our neighborhood selected to step into the boat, seize an oar and row laborious. We’re stronger for it.

    J. Michael Diaz: is a Washington Courtroom of Appeals decide. The opinions expressed are his and shouldn’t be imputed to different judges, nor are they a sign how the writer, as a decide, would rule in any specific matter.

    Thomas Bates: is a former govt assistant U.S. legal professional within the U.S. Lawyer’s Workplace in Western Washington.

    Jonathan Smith: is a former part chief within the Particular Litigation Part of the Civil Rights Division of the U.S. Division of Justice.



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