Published on Mar 10, 2023

A bill establishing an Office of Independent Prosecutions in the Attorney General’s Office passes House

Contact: Candice Bock, Lindsey Hueer, Katherine Walton

HB 1579 aims to increase police accountability in Washington. The bill would establish an Office of Independent Prosecutions (OIP), led by an independent counsel, within the Attorney General’s Office (AGO). The OIP would have jurisdiction concurrent with county prosecuting attorneys to review investigations and conduct prosecutions of deadly use of force by law enforcement officers.

The OIP would receive notification of potential cases from the Office of Independent Investigations (OII), created by the Legislature in 2021 and would then make charging decisions. If both the OIP and the county prosecuting attorney filed charges in a particular case, a court would determine whose prosecution of the case would best promote justice. However, functionally, the bill creates a virtual presumption that a county prosecuting attorney would have a conflict of interest in the prosecution of a local law enforcement officer.

The bill was referred to the Senate Law & Justice Committee.

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