The last 20 years have not seen a contested election for Marin County District Attorney. The last 70 years have not seen a Marin County District Attorney who had been working outside of the DA’s Office. This year, we have the former and the possibility of the latter. Three candidates are vying for the position. Anna Pletcher comes from the Department of Justice while AJ Brady and Lori Frugoli both come from the DA’s Office.

At MCBA’s April 25th general membership luncheon, President Tom Brown and Secretary Sue Feder quizzed all three candidates on issues affecting the DA’s office itself, the justice system and the Marin community as a whole. Pletcher highlighted her experience as a federal prosecutor, her management skills and the perspective of an outsider. Frugoli stressed the need to reform the DA’s office culture and to connect the community more closely with the courthouse. Brady emphasized his fairness, innovation and policy expertise.

Rather than try to report on all of the issues covered, we highlight two and encourage readers who were unable to make the membership luncheon to learn more at one of several more candidate debates before the June primary.

Death Penalty

The death penalty remains an option in California despite recent attempts to eliminate it. Each candidate was asked their position on the use of the death penalty and if opposed to it, how they would reconcile their personal belief with their obligation to enforce the laws of the state of California.

While all three candidates acknowledged major problems with the use of the death penalty, Brady was the only one to vow never to seek it. He stated that equivocating itself placed a fiscal burden on the DA’s office. Frugoli referred to the death penalty system as broken but said that as the chief law enforcement officer of the county, she is obligated to consider it. She added that the death penalty should not be used as a bargaining chip. Pletcher stated that she opposed the death penalty because, “It does not keep us safe, it is fiscally irresponsible, and it is biased.“ While she would work as a hard as she could to overturn it, she said that she would follow the law and considerate it in the rare Marin case where it is a possibility.

Quality of Life Crimes

With more serious crime rarer in Marin County than many other parts of the Bay Area, much of the District Attorney’s office caseload is for “quality of life” misdemeanor crimes such as public intoxication, trespassing, unlawful lodging and petty theft. Each candidate was asked how they would address these cases, particularly when judges dislike them but the public expresses frustration that the issues are not being addressed and degrade the quality of life in Marin.

Pletcher began by stating we have to look at the underlying causes: poverty and mental illness. She emphasized partnering with local non-profits to improve access to mental health treatment. She urged the expansion of alternative justice processes, like Judge Wood’s Youth Court in which she is an active participant. Another innovative model is Los Angeles’ approach to homeless crime, where the court travels to the homeless and imposes common sense penalties based on the circumstances of the offender so that there are actual consequences.

Brady stated that he believes that these crimes need to be prosecuted, not ignored, but in a way that uses the leverage of incarceration to force treatment for substance abuse or mental illness. He advocated evidence-based alternative interventions such as community court and the need to go out into the community to actively seek out offenders who have been charged in order to produce results.

Frugoli pointed out that the number one crime in Marin County is DUI, the number ten crime is domestic violence and that every single one in between falls into this quality-of-life category. The same people cycle through a broken system. She stated that Marin is behind the curve on innovative approaches. She cited Sonoma County’s “Palms” project. Catholic Charities took over a derelict hotel to house homeless without requiring them to be sober. The evidence shows that “housing first” increases the chances of success.

The forum ended with Brady noting that he is not a polished politician but is fair and has the endorsement of the Marin Prosecutors’ Association. Frugoli emphasized the need for collaboration with the community and Pletcher said it was time for something new after 70 years and noted her endorsement by the Democratic Party, the Sierra Club and Lynn Woolsey.

Who will be the next District Attorney? That is up to you this June and November.