Seattle Police released from federal oversight

After 13 years of oversight, a federal judge has restored local control of the Seattle Police Department.

In a hearing Wednesday, U.S. District Judge James Robart granted the city’s motion to terminate the 2012 consent decree between the city of Seattle and the U.S. Justice Department.

RELATED: Seattle police at Jan. 6 Trump rally told investigators they witnessed no violence, records show

During those 13 years, city officials said in court filings that the Seattle Police Department dramatically curtailed officers’ use of force, and developed groundbreaking trainings that have now become routine for all officers under state law. The city also created the Office of Inspector General to provide audits and analysis of SPD policies and actions, and the Community Police Commission to highlight public concerns.

The consent decree began after a Seattle police officer shot and killed First Nations woodcarver John T. Williams in 2010 and community organizations called for a broader investigation. Federal investigators concluded that Seattle police used an unconstitutional level of force in a fifth of all incidents. They cited special concern with use of force on restrained subjects and against people in crisis.

As the hearing began, Robart acknowledged the presence of Rick Williams in the courtroom and said the death of his brother John T. Williams “was not in vain” and had spurred major changes to Seattle policing.

Robart also said it was important to thank the “men and women of SPD,” saying while some resisted the consent decree process, many were “an inspiration” as they sought to re-envision their roles in the community.

Going forward, Robart said he’s still concerned about the constraints that labor agreements have placed on police practices. But he said under Washington state’s constitution, “I’m not able to become involved in collective bargaining, and I wouldn’t want to anyway.”

Addressing the court during the hearing, Seattle Mayor Bruce Harrell pledged that SPD will remain “a learning organization” as the consent decree concludes.

“This is a different department than it was in 2012 and in 2020,” Harrell said.

Robart asked the mayor to specifically address future support for the accountability structure created by the consent decree, which consists of three civilian-led organizations: the Office of Police Accountability, the Office of Inspector General, and the Community Police Commission.

Harrell said his upcoming budget will include full funding for the organizations but hinted that he will seek changes to the CPC, noting what he called past “internal and leadership challenges.”

“The question is what does the optimal CPC look like?” Harrell said.

Harrell also predicted that ongoing negotiations with the Seattle Police Officers Guild will be “fruitful and productive,” noting that the current constraints on unarmed responders in the city’s new Community Assisted Response and Engagement department are a central topic.

Seattle’s recently confirmed police chief, Shon Barnes, also addressed the court. Robart said the DOJ investigation that led to the consent decree revealed an SPD culture that did not seem to take use of force issues seriously. He asked Barnes how he will sustain a different kind of culture.

Barnes told the judge he sees his mission as supporting the progress started by the consent decree.

“Culture is what you allow and don’t allow,” he said.

RELATED: Seattle Police Chief Barnes says he expects to be jailed for resisting Trump's orders

Barnes said he would seek to lift up the officers who practice community policing and de-escalation, and would try to empower staff at all levels of SPD to speak out if they see something wrong.

Robart said he’s also still concerned with persistent racial disparities in SPD contacts. He said there’s no “magic wand” but he believes Chief Barnes will work to address the issue.

Seattle officials made progress in satisfying the terms of the consent decree, despite a 2014 lawsuit filed by dozens of SPD officers opposed to the changes. By 2017, a federal monitor found serious use of force by SPD officers had fallen 60%, and SPD had created new required trainings for use of force, bias-free policing, stops, and crisis intervention.

But labor agreements and SPD’s crowd control tactics have caused setbacks that prevented the city from exiting the consent decree and regaining local control.

In 2019, Judge Robart said the city’s latest labor contract violated the terms of the consent decree, and took the city partially “out of compliance.” He called attention to systems used by officers to override the police chief’s determinations and seek reinstatement.

Then in 2020 SPD’s use of tear gas and blast balls during massive Black Lives Matter protests after the murder of George Floyd by a Minneapolis police officer sparked community outrage.

The Seattle City Attorney’s Office said in its most recent filing that officials “recognized it had been unprepared to address protests of that nature and magnitude. Overall, the City’s response undermined public trust.”

Seattle officials passed new crowd control legislation that limits the use of less-lethal weapons and requires police to give clear instructions during protests and prioritizes the removal of the few people who pose a risk rather than shutting down an entire protest.

Two years ago, Judge Robart said he needed to review the city’s reworked crowd-control polices before terminating the consent decree. At Wednesday’s hearing he granted the city’s motion to approve that policy.

In a statement, the Seattle Police Officers Guild “emphatically” welcomed Robart’s order to terminate the consent decree, saying the guild supports DOJ consent decrees but “they must be reformed.”

“The weaponized financial grift that is the Department of Justice Consent Decree process is finally over," SPOG President Mike Solan said. "It’s over for the cops, the citizens, but also for those who profited from this process. Seattle’s taxpayers no longer must bear the financial DOJ Consent Decree burden, now over $220m.”

A spokesperson from the mayor's office said the consent decree cost $127 million.

RELATED: New records detail fear, deception as Seattle investigated former police chief Diaz for hiring girlfriend

Solan said the consent decree resulted in “burdensome” policy restrictions that have had a “detrimental impact” on public safety.

Meanwhile the U.S. Justice Department’s statement congratulated Seattle on the milestone.

“The Seattle Police Department has worked over many years to develop and implement policies and procedures that have transformed the department into an example for other police forces,” said Acting U.S. Attorney Teal Luthy Miller for the Western District of Washington. “Multiple Police Chiefs, city leaders, community stakeholders, and U.S. Attorneys have supported that effort. I commend the hard work that has led to the end of the consent decree.”