As Fernández Rundle gears for 7th term, a new sheriff may alter her state attorney job

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Miami-Dade State Attorney Katherine Fernández Rundle said last week she intends to run for a seventh term next November. A victory, though, would mean the longest-serving state attorney in Miami-Dade history could be wading into unchartered territory.

For the first time in what would be 31 years as Miami-Dade’s lead prosecutor, Fernández Rundle, 73, a Democrat first appointed in 1993 and elected a year later, would be dealing directly with an elected sheriff, instead of one appointed by the county’s mayor. And though some political observers say it’s far too early to tell how that could shift the dynamic between the county’s two top law enforcement officers with the election a year away — they will admit there are any number of possibilities.

A tough-on-crime Republican sheriff could feel the need to play to his or her base, going up against a policy that now permits police to issue civil citations for minor offenses like smoking marijuana. And unlike most counties in Florida, state prosecutors here sign off on probable cause for both arrest and search warrants before a judge gives the final okay, eliminating potential legal mistakes by police and dropping a case less likely.

READ MORE: Miami-Dade’s sheriff race draws GOP-heavy crowd with a dozen candidates — and counting

Another policy in place that Fernández Rundle’s office implemented is embedding state investigators with some police units. It’s common for a state investigator to show up at major crime scenes. Investigators also sit in on interviews for serious crimes - practices unheard of in most other counties.

Under Fernández Rundle, the state attorney’s office has also created about a dozen investigative task forces, from human trafficking, to gang units to hate crimes. An elected sheriff with complete control of crime scenes could scuttle any or all of those units and policies by the end of next year.

“I’m optimistic we will be able to move forward like we always have,” Fernández Rundle said. “The most important thing is to stay focused on public safety. I expect no matter who becomes sheriff we’ll be able to lead together.”

Most law enforcement experts say predicting the future is a crap shoot.

“It’s hard to say what it will look like. It really depends on the person,” said Alex Piquero, University of Miami professor of criminology and former director of the Bureau of Justice Statistics at the U.S. Department of Justice in Washington. “This is one of those where you don’t know what you don’t know.”

Miami-Dade rid itself of an elected sheriff 57 years ago, after a series of scandals lend to a grand jury investigation. Jurors issued a scathing report that found the sheriff’s office had been protecting gambling rackets, collecting rakes from prostitution rings and extorting illegal abortion providers. In 1966, residents voted for Home Rule, which — hoping to depoliticize policing the county — mandated the county mayor appoint a police director.

Still, some are confident the transition to an elected sheriff will have little impact on the state attorney’s office. Steadman Stahl, president of South Florida’s Police Benevolent Association, the union that represents most of Miami-Dade’s more than 3,000 cops, said the most of the policies now in place have served county residents well.

“No matter who the sheriff is, you still have to make an arrest and it has to be prosecuted,” Stahl said. “It’s got to be a partnership.”

A tragedy muddies transition plans

None of the issues likely would have been a concern — at least for the first election — if not for a ghastly incident July 23 on a stretch of highway just south of Tampa. That’s where former Miami-Dade Police Director Alfredo “Freddy” Ramirez pulled his SUV off to the side of I-75 and shot himself in the head on his way home with his wife from a sheriff’s convention in Tampa.

READ MORE: Freddy Ramirez was known for being an even-tempered and compassionate cop. Then he snapped

Ramirez, an ally of Fernández Rundle, had changed his party affiliation to Democrat not long ago and was the heavy favorite to win the sheriff’s race. His transition to sheriff was expected to be smooth, with most policies remaining in place. Recently, Miami-Dade Mayor Daniella Levine Cava named interim Miami-Dade Police Director Stephanie Daniels to the post full-time and said Ramirez would help in the transition to sheriff.

With the absence of Ramirez, the sheriff’s race is considered more wide open, with a couple of Republican heavyweights likely to be factors in the contest.

READ MORE: Former Miami-Dade police director blames suicide attempt on work-related stress

Fernández Rundle remains a constant

Still, the one law enforcement constant is Fernández Rundle. A victory next November would be her seventh consecutive following her initial appointment by Janet Reno in 1993 after President Bill Clinton named Reno US. attorney general.

Fernández Rundle served as Reno’s top assistant for 15 years and was instrumental in creating the state’s first domestic violence unit. Since then, with strong support from Miami-Dade’s robust Hispanic and Black communities, she coasted to most of her election wins.

Most recently, in 2020 she defeated local activist and former ACLU deputy director Melba Pearson by 20 points — wading through cries for her removal and protests outside her office during the summer’s social justice marches after the death of George Floyd on May 25, 2020.

READ MORE: Despite criticism, top Miami prosecutor Fernández Rundle wins in resounding fashion

Most of those shouts came about because of a tumultuous time in Miami policing back in 2010 and 2011 when officers shot and killed seven Black men in seven months. Fernández Rundle’s office didn’t prosecute any of the cops, even Reynaldo Goyos, who was fired for shooting unarmed Travis McNeil in his car as he reached for his cellphone.

The shootings were in part responsible for the city being sued by the federal government and completing a DOJ-issued consent decree that demanded changes in everything from policy to training.

Fernández Rundle says she will continue to address public corruption and holding police accountable, and that will be her focus moving forward. Her office recently secured an armed kidnapping conviction against a Hialeah cop who abducted a homeless man.

“I continue to enhance our efforts involving human trafficking, child sexual assaults... fraud and elderly exploitation,” Fernández Rundle said. “Public safety and aggressively holding criminals accountable remain my top priority.”