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    Home»Opinions»We negotiated the SPD consent decree. Here’s what comes next
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    We negotiated the SPD consent decree. Here’s what comes next

    The Daily FuseBy The Daily FuseSeptember 5, 2025No Comments5 Mins Read
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    We negotiated the SPD consent decree. Here’s what comes next
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    The U.S. Justice Division announced this spring it could discontinue investigations of police departments, together with Seattle’s, that have been accused of civil rights violations and terminate the courtroom orders, often called consent decrees, that adopted the investigations.

    Whereas not all decrees are good, this blanket elimination deprives leaders, communities and police of a strong software of reform. Our consent decree improved policing with out a rise in crime or in officer harm. However, because the decree ends, the following, extra pressing query is: How can communities and departments proceed to enhance policing and public security?

    We’re among the attorneys who, in 2012 on behalf of the DOJ, negotiated every paragraph of the decree with the town of Seattle. We all know what the decree, overseen by Choose James Robart, was supposed to perform. Our investigation discovered that SPD engaged in systemic extreme pressure — significantly in opposition to these in psychological well being or behavioral disaster — and recognized issues relating to biased policing. It was one among solely 14 such decrees entered into nationwide throughout President Barack Obama’s two phrases, though there are 18,000 regulation enforcement companies within the U.S.

    Seattle police, with group teams, led the huge operational modifications required by the decree, which included:

    ● Mandating that officers — when security permits — try to “de-escalate” risky conditions — one of many first departments nationally to take action;

    ● Conducting lots of of hours of training;

    ● Launching sturdy reviews when pressure does happen;

    ● Gathering information enabling detection and correction of traits like racial disparities.

    Importantly, the decree created the Community Police Commission to bridge the gaps between SPD and residents. Seattle exceeded the decree by making the fee everlasting, broadening its authority and by creating the Office of Inspector General to look at the policing system as a complete. A companion agreement to the decree deputized the CPC to evaluate officer self-discipline methods.

    The outcomes have been outstanding. The OIG found:

    ● By 2016, critical makes use of of pressure had dropped 60% in comparison with 2009. And from that time to 2021, makes use of of all pressure fell one other 48%.

    ● How officers apply pressure modified, too. There have been solely two officer-involved shootings in 2023, the fewest since 2015; Taser use dropped 80% from 2009; and the usage of the baton evaporated, assuaging our concern that officers too shortly resorted to that software.

    ● Using pressure in opposition to these in energetic disaster plummeted, from 70% of all pressure utilized in 2009 to 9.8% in 2019-20, although SPD has 10,000 such incidents yearly.

    ● From 2022-23, there have been no cases of officers making use of probably the most critical pressure, together with shootings, in opposition to individuals in energetic disaster.

    Because the federal monitor additionally has reported, there was no decline in public safety or improve in officer harm due to the decree.

    However, the decree was crafted to handle day-to-day policing, not pressure used at protests, which has been a priority in Seattle for over a quarter-century. In 2020, the distinction between responding to a single individual and to giant protests was manifested. How a metropolis responds to demonstrations is essential and absorbed a lot of the final years of the decree. However, these weren’t guarantees made or left unfulfilled by the decree. Nonetheless, Judge Robart said a year ago that he remained “deeply involved” concerning the metropolis’s ongoing struggles with a coverage governing crowd management. 

    Because the decree sunsets, what classes could we take ahead? How does the town proceed to handle, for instance, racial disparities, which have been present in each above-referenced report, regardless of efforts to eradicate them?

    There isn’t a want to attend for a consent decree. No want to attend for the federal authorities or a federal choose. The top of consent decrees isn’t the top of police reform. You want solely search alignment with group teams to forge a shared dedication to a typical vacation spot, to collaboration, to mutual respect, and to shared credit score for the issues that work — and trustworthy recognition when issues don’t. 

    So, sure, the consent decree in Seattle confirmed that the federal authorities and courts can play a job in enhancing policing. However it’s not the one method. 

    Whereas a consent decree is usually a catalytic software, and a choose can play an essential position, right here the courtroom, SPD and the group have been ultimately rowing in the identical course with backing from the mayor, the Metropolis Council, the town lawyer, the Justice Division in each Washingtons and the CPC. But it surely was additionally the 34 group teams that organized and advocated ceaselessly, the media that reported on and investigated police misconduct for generations, and reform-minded police management who set the course for what adopted.

    Sturdy progress requires a broad dedication to construct one thing higher collectively, to know it should generally fall quick and to maintain working when it does. Actually lots of of individuals within the Seattle Police Division and our group selected to step into the boat, seize an oar and row arduous. We’re stronger for it.

    J. Michael Diaz: is a Washington Courtroom of Appeals choose. The opinions expressed are his and shouldn’t be imputed to different judges, nor are they a sign how the writer, as a choose, would rule in any explicit matter.

    Thomas Bates: is a former government assistant U.S. lawyer within the U.S. Lawyer’s Workplace in Western Washington.

    Jonathan Smith: is a former part chief within the Particular Litigation Part of the Civil Rights Division of the U.S. Division of Justice.



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