Justice Forward's 2019 Commonwealth's Attorney Endorsements
Why Endorse Commonwealth’s Attorney Candidates? Prosecutors Make a Big Difference, and Arlington/Falls Church, Loudoun, Prince William, Fairfax, Chesterfield and Albemarle elect them on Nov. 5, 2019.
For decades, “tough on crime” rhetoric won elections, and the perception of being “soft on crime” lost them. Predictably, this led lawmakers to reshape the justice system, incrementally but consistently, to be more harsh and retributive, and less understanding and restorative. Each new crime, sentence, or mandatory minimum became another tool in the toolbox of those entrusted with their enforcement. As a result of this process, most of the power in the criminal justice system has been concentrated in the hands of a single entity: local elected prosecutors, called Commonwealth’s Attorneys in Virginia.
Want to learn more about prosecutorial reform? Try our CA Difference website, which features detailed information about reform principles and prosecutor report cards for all six of the counties/jurisdictions discussed here.
Prosecutors aren’t supposed to act reflexively, seeking the most serious conviction or harshest punishment in every case. Mercy is the essence of justice, just as the Supreme Court has stated: the duty of a prosecutor is “to seek justice, not merely to convict.” Prosecutors who say their hands are tied and they must pursue maximum punishment in every case aren’t seeking justice, and aren’t doing their jobs.
Unfortunately, that is exactly how Virginia prosecutors have approached their work for nearly half a century, with the passage of each new offense and enhanced punishment being interpreted as a mandate to exploit it. And because their leverage is so overwhelming, prosecutors have essentially been able to dictate the outcomes of criminal cases.
What outcomes have they been dictating? They’ve made defendants give up their trial rights: in Virginia 95% of felony convictions are obtained by guilty pleas rather than trials, a figure more than 20% greater than just several decades ago. They’ve pursued retribution-first policies, resulting in over-incarceration: the United States has only 5% of the world’s population but nearly 25% of the world’s prison population, a figure to which Virginia contributes just as well as any state. They’ve clung to senseless, racially unjust policies like the War on Drugs, despite all evidence demonstrating their failure. Marijuana arrests in Virginia have tripled since 1999, reaching their highest level in nearly 20 years.
On November 5, 2019, Virginians have the opportunity to begin repairing what is broken. In at least seven jurisdictions, candidates for Commonwealth’s Attorney are running on reform principles, promising to reverse these trends that have come to define our criminal legal system. The candidates aren’t all the same, and the reforms they propose enjoy bipartisan support: criminal justice reform is, after all, one of the few remaining issues in America that is viewed favorably by individuals across the political spectrum.
Who are these candidates, and why do we support them?
Arlington/Falls Church
In Arlington and Falls Church, Parisa Dehghani-Tafti runs unopposed. Tafti is the former legal director of the Mid-Atlantic Innocence Project who, during her primary campaign, won the endorsement of the Washington Post, despite running against a two-term incumbent and 30-year-veteran of the Arlington County Commonwealth’s Attorney’s Office. Tafti won that endorsement both because of the incumbent’s failures in leadership, as evidenced by the broad consensus in the legal community concerning the need for change, but also because Tafti is uniquely qualified to succeed on a reform platform. Her academic and professional credentials are superlative, but the qualities that won her the Democratic nomination are those that make her tenure so promising: patience, thoughtfulness, an unparalleled work-ethic, and a measured, consensus-building approach. She aspires to bring to Arlington exactly the types of initiatives rejected by her predecessor: restorative justice, mental health diversion, and ending prosecution of low-level drug offenses. We endorse her without reservation.
Fairfax County
In Fairfax County, Steve Descano is a West Point graduate and former federal prosecutor, who prevailed in a June Democratic primary over long-time incumbent Ray Morrogh. Although Morrogh’s office enjoyed a decent reputation in the local bar, and the data demonstrated the Fairfax courts to be much less punitive than others in Northern Virginia, the prevailing belief was that this was due to strong criminal defense bar and public defender’s office, a top-notch local judiciary, and oddly, Morrogh’s own managerial shortcomings, and not necessarily a progressive mindset. Morrogh has essentially confirmed this assessment in endorsing Descano’s opponent, the nominally-independent Jonathan Fahey. Fahey could not have staked out a more regressive platform when he introduced his candidacy. At the event announcing his run, Fahey was flanked by Paul Ebert, a man who has executed more human beings than any other prosecutor in Virginia history, and he then proceeded to castigate prosecutor candidates who opposed cash bail and proposed to end marijuana prohibition. Put simply, Fahey is a relic of the failed justice policies of the past half-century, and although supported by some current Fairfax prosecutors, he would without question turn back the clock to a time best left in the past. Descano, on the other hand, drafted a comprehensive plan for his tenure as Commonwealth’s Attorney, which closely tracks the best practices for prosecutorial reform. We have confidence that he is well-prepared to succeed in the role, and therefore endorse Mr. Descano.
Loudoun County
In Loudoun County, Buta Biberaj, is a long-time local defense attorney based out of Leesburg, who for the past 11 years has served as a substitute judge in the Loudoun County courthouse. Her opponent, Nicole Wittman, has a reputation for a vindictive approach to her work and, more troubling, a reputation for dishonesty among many in the defense bar. She has not made much of a secret of her disdain for those entrusted with protecting the rights of defendants, describing them as “attacking victims” and “coddling criminals.” Unlike Wittmann, Biberaj has mostly steered clear of negative campaigning, instead focusing on how she would modernize the Loudoun County prosecutor’s office to reflect changing attitudes regarding over-incarceration, marijuana prohibition, racial disparities, and the school-to-prison pipeline, among other issues—albeit perhaps not to the same degree as reform candidates in other Northern Virginia jurisdictions. She is certainly more moderate than her compatriots to the east, but that may indeed better reflect her prospective constituency; in a politically-diverse community Biberaj seems to be charting a bipartisan path for her reform agenda. She has earned our endorsement.
Albemarle County
Jim Hingeley is our pick for Albemarle County. Hingeley’s reputation in the local legal community is impeccable, and he enjoys support in his home county from Democrats and Republicans alike. Hingeley served for years as the chief public defender for Albemarle County and the City of Charlottesville. He’s smart, thoughtful, connected to his community, and committed to running a prosecutor’s office with his community’s values in mind. Hingeley runs against incumbent Robert Tracci, who is best known for failing to secure a conviction against Jason Kessler, a white supremacist who helped organize the violent “Unite the Right Rally” in 2017. After slow-playing the indictment, at trial Tracci made the “rookie mistake” of failing to establish venue—the place where the offense occurred—resulting in Kessler’s acquittal. Throughout the current campaign, Tracci has shied away from engaging the community, avoiding debates and forums where he might be held accountable for his record. Hingeley is far more experienced and knowledgeable, and will bring a needed perspective to the job.
Prince William County
We evaluated the state of Prince William County’s justice system before its June 11 primary, and did not endorse a candidate at that time. Although Tracey Lenox had an established track record as a knowledgeable defense advocate, she boasted of an endorsement by Paul Ebert, and was reluctant to embrace prosecutorial reform. On the other hand, Amy Ashworth came to the race with a background as a very tough prosecutor, but who, after several years in criminal defense and family law, had begun comfortably speaking the language of criminal justice reform. Ashworth staked out policy positions closer to those that we advocate, and since winning the primary, she has continued to align herself with other prosecutorial reformers, and has come across has having a genuine interest in improving the justice system in her home county. Although we would like her to more firmly commit to positions regarding such issues as capital punishment and marijuana prohibition, her opponent has not shown any inclination to modernize the office he seeks. We support Ms. Ashworth in her bid for Prince William Commonwealth’s Attorney.
Chesterfield County
Lastly, Justice Forward enthusiastically endorses Scott Miles to continue serving as the Commonwealth’s Attorney for Chesterfield County. In the 12 short months Miles has been the lead prosecutor in Chesterfield, he has implemented important criminal justice reforms focused on addiction, pre-trial detention, and community prosecution. This includes an innovative drug diversion program called the Chesterfield Recovery Initiative, that forgoes indictment for individuals charged with felony drug possession offenses, and provides immediate treatment rather than conviction and incarceration. This program allows Chesterfield to provide treatment to more of the 500 to 600 individuals charged with felony drug possession offenses each year in Chesterfield, a number Chesterfield’s current drug court cannot handle. Furthermore, Miles has implemented a no cash bail policy for his office which, since its implementation, has resulted in a 30% decrease in the local jail population. in Chesterfield County. Miles has also implemented a community prosecution model, making his assistants available to the community they serve, and aware of the community’s needs. This level of transparency and communication can only enhance the mission of the Office. Chesterfield citizens need a prosecutor who understands the changing needs of the community, and who is willing and able to implement policies that make Chesterfield’s criminal justice system more equitable. Miles has already exhibited innovative, and thoughtful reforms in his 12 months as the counties lead prosecutor. He will help make Chesterfield more safe, and promote trust and transparency in the criminal justice system, and we therefore support him in his reelection bid.