How NC district attorneys want to reduce racial inequity in the justice system

North Carolina prosecutors called Friday for some immediate changes and more training, funding and data collection to make the criminal justice system more fair.

The Conference of District Attorneys issued the “Report on Race, Equity and Criminal Justice” after a working group of eight district attorneys representing 21 counties examined inequities in the criminal justice system. Wake County DA Lorrin Freeman and Mecklenburg County DA Spencer Merriweather were part of the working group.

Freeman described the report as a mix of achievable goals that could be accomplished during this legislative session, and longer terms goals.

Some of the issues they hope to tackle this session include requiring timely first court appearances for all people accused of crimes and giving judges discretion on a bail bond amount after someone misses court, she said.

The conference is the latest organization to release recommendations in response to protests last summer over the deaths of George Floyd, Breonna Taylor and other Black people killed by police.

Gov. Roy Cooper established a Task Force on Racial Equity in Criminal Justice, which made more than 100 recommendations in December. The N.C. Sheriff’s Association released its report in the fall, along with the N.C. Association of Chiefs of Police.

While some of the changes outlined in all the reports could be made through local policy and departmental changes, many would require state leaders approval on funding and legislative changes.

The Conference of District Attorneys report centers on four topics:

▪ Quality and professionalism recommendations include increased anti-bias training for prosecutors and public defenders, and data collection on the quality of representation and racial disparities. Additional funding should be provided to district attorney and public defenders to improve data collection, staffing and other items, the report states.

“In almost all instances, prosecutors across North Carolina carry caseloads that are substantially larger than recommended,” the report states. “Experts in combating implicit bias in proprietorial discretion routinely recommend adopting a slower, more deliberate process in evaluating cases.”

Lisa Williams, a Durham defense attorney, said more funding for public defenders is important because many people, including her, are taking their names off the public defenders list.

“I think it is the pay, the resources, the overwork, the stress,” among other issues, she said.

▪ Alternatives to prosecution recommendations include funding to increase mental health and substance abuse resources across the state; expanding the use of conditional discharges, which allow some people convicted of misdemeanors or lower level felonies to be released on probation.

There are many kinds of diversion programs across the state, which depend on local services, the report states.

“The results show there are vast differences in treatment and options and services to effectively support diversion programs,” the report states.

Conditional discharges for certain felonies, Freeman said, would allow people who successfully complete their probation have the charges dismissed and possibly expunged.

▪ Pretrial custody and alternatives recommendations include timely first appearances after someone is arrested, updated bond policies; and changes in state law to remove a minimum $1,000 bail in cases in which defendant fails to appear on a pending charge, giving the discretion to the judge. In addition there should be more training for police officers and magistrates on citations and summons in lieu of arrest on non-violent offenses, the report states.

“An in-depth study of alternatives to money bail that will continue to promote public safety while seeking to ensure equal treatment of defendants, irrespective of their ability to pay, should be conducted,” the report states.

Currently, a first appearance is required for felonies within 96 hours or the next court date, but not misdemeanors. If timely misdemeanor first appearances were required, it could help address situations in which people are left in jail on low bail for days and weeks while waiting to get in front of a judge, said Jim Woodall, district attorney for Orange and Chatham counties.

▪ Sentencing outcomes recommendations include identifying disparities in case outcomes, continuing the state structured-sentencing model and establishing pilot sites with additional probation officers to conduct pre-sentencing evaluations.

Orange and Chatham counties have implemented a pilot project that gathers and presents information to the judge about offenders and their circumstances, the report said.

“The experience in these counties has been that offenders are more likely to meet the conditions of their sentence to successfully complete their probation if they are provided with condition of their sentence and successfully complete their probation if they are provided necessary services tailored to their needs,” the report states.

Woodall said the process gathers information about their family, employment history and perspectives to create a better sentencing plan.

“It helps a judge craft a judgment that is better for that person,” Woodall said.

‘Epiphany’

Williams said the Conference of District Attorneys acknowledging that changes need to be made is “a big deal.”

“I think for them it is an epiphany,” she said.

While more urban areas may already be considering or implementing some of the proposed reforms, court officials in smaller counties aren’t as open to proposals like racial bias training and bail reforms, Williams said.

“I am happy to see them waking up,” Williams said.

Raleigh defense attorney Paige Feldmann supports the report’s proposal to improve mental health services and increasing the use of using civil summons over arrest warrants.

“Implicit bias training is necessary for sure,” she wrote in a text, ”as unfortunate as that may be.”