In public forums and letters to the local newspaper, Uvalde County residents have called on Nolasco to resign and refrain from running for office. But Nolasco is pressing ahead, and he faces three opponents in the Republican primary on March 5; one of them, Otto Arnim, has highlighted the sheriff’s role in the failed response to the massacre. 

But Uvalde County DA Christina Mitchell is running unopposed in her own Republican primary on the same day, despite complaints that she has helped shield local cops from consequences for their failures during the shooting. She’ll also face no Democrat in the general election, as none filed to run against her by the December deadline. 

And so it goes across the state: Hundreds of local elections will shape the future of law enforcement this year, but whether they lead to any change or accountability of course depends on who actually is running. 

Sheriffs who run some of Texas’ largest lockups and have long faced scandals over deaths and abuses behind bars are now asking voters for another term, with some facing competitive races. But of the 14 counties whose jails are on notice with the state jail commission for violating minimum safety standards as of February 2024, seven are overseen by incumbent sheriffs who are running unopposed this year.

District attorney races may also shift the policy landscape in some of Texas’ largest cities, with disagreements over prosecution practices shaping contests in Harris County (Houston) and Travis County (Austin) in particular. But in large swaths of the state, these elections have already been decided: Only 28 percent of the state’s DA races this year drew multiple candidates by the December deadline, leaving dozens of incumbents like Mitchell virtually certain to secure another term.

This includes populous areas that have not seen a contested election in years. In Montgomery County, a county of nearly 650,000 north of Houston, Republican DA Brett Ligon is running with no primary or general election challenger for the third consecutive cycle.

Still, there’s plenty to watch in politics around criminal justice in Texas this year. With a recent state law granting local law enforcement new powers to arrest people whom they suspect are undocumented, sheriffs face mounting questions over how they’ll choose to cooperate with the state’s crackdown on immigrants; some are racing to bolster the law, while candidates in more Democratic counties like El Paso are promising to resist it.

Far-right officials and activists are also going after justices on the all-Republican Texas Court of Criminal Appeals in this year’s GOP primary—an intra-party grudge match that, as Bolts has reported, stems from the court’s 2021 ruling that limited Attorney General Ken Paxton’s authority over voter fraud prosecutions in the state. Meanwhile, organizers in the High Plains city of Lubbock are petitioning for a local ballot measure to decriminalize small amounts of marijuana, even as Paxton sues to block similar ordinances that voters recently passed in several other Texas cities. 

To kick off our coverage of elections that will shape policing and criminal punishment in Texas this year, below is Bolts’ guide to some important storylines to start watching in the run-up to the March 5 primaries.

Deadly jails, and sheriffs that run them 

Jail deaths have surged across the country in recent years, including in many of Texas’ largest counties. This year, with all of the state’s sheriff’s offices on the ballot, some are seeking re-election amid criticism over spiking deaths on their watch. 

In Tarrant County, home to Fort Worth, jail deaths have risen dramatically under Sheriff Bill Waybourn, a Republican who first entered office in 2017 and is seeking re-election this year. At least 60 people have died in Tarrant County jail custody since Waybourn took over, compared to 25 in-custody deaths during the 8-year period that preceded him, according to state records and data compiled by nonprofit oversight group Texas Justice Initiative. 

Waybourn, who is unopposed in the Republican primary next month but will face a Democratic challenger in November, has become a sort of national right-wing celebrity for his anti-immigrant rhetoric and efforts to police elections in Tarrant County. But at home, criticism has mounted over the rise in deaths and other scandals on his watch—including allegations of a cover-up following one particularly questionable jail death; a pregnant woman with severe mental illness who delivered her baby alone inside her cell (the child later died); and a disabled woman who left the jail comatose and covered in bruises. Last year, a group of Tarrant County activists working with the civil rights clinic at Texas A&M University’s law school filed a complaint with the U.S. Department of Justice seeking an investigation into the local jail. 

“The Tarrant County Jail has failed the community at every turn,” the letter stated. “It has failed to provide medical care, to protect incarcerated people from risks associated with poor mental health, to perform checks, and to protect individuals from harm from jail staff and others in the jail.”

Both of Waybourn’s Democratic challengers—Patrick Moses, a retired federal officer, and Indya Murray, a local police officer—have cited problems at the jail as a reason for running. Voters will choose which of them moves to November’s general election against Waybourn on March 5.

In a recent forum local officials organized to discuss problems at the jail, Waybourn defended his running of the facility and downplayed the scandals on his watch, blaming the deaths on drug addiction and other health problems that he said were outside the control of his staff—like “excited delirium,” a supposed condition that medical associations have long rejected but which cops still cite to explain in-custody deaths. 

Other sheriffs who oversee large scandal-plagued lockups in Texas are also on the ballot this year, including Harris County Sheriff Ed Gonzalez, a Democrat first elected to the post in 2016, and Bexar County Sheriff Javier Salazar, another Democrat first elected that same year. As Bolts has reported, Harris County’s jail system, the largest in the state, has struggled with overcrowding and violence in recent years. The Bexar County jail has also seen a rise in deaths in recent years and a high suicide rate, a persistent problem at the jail for more than a decade. 

As of publication, Harris County is one of the 14 counties with jails currently flagged by state authorities as non-compliant with minimum safety standards. Besides Gonzalez, the other sheriffs who are facing competition in these counties are all Republicans in rural areas like Newton County, which like Harris County is shipping people out-of-state as a solution to its jail overcrowding.

Boss Ogg fights her own party 

When she won the Harris County DA race in 2016, Kim Ogg became the first Democrat to run Texas’ largest prosecutor’s shop in 40 years. She promised a vision of change that seemed to distance the office from its tough-on-crime heyday, focusing on reforms aimed at diverting people accused of low-level crimes, like marijuana possession, from jail. 

The county has kept morphing politically since her first win, including electing other reform-minded Democrats to key offices as part of a blue wave in 2018, and adopting bail reform for misdemeanor cases in the aftermath of a lawsuit and federal ruling striking down the county’s previous practice of routinely detaining people with petty charges who couldn’t afford to pay for their pretrial freedom. 

But during that time, Ogg has largely parted ways with this broader movement to reform Harris County’s criminal legal system, in part by fiercely resisting the efforts at bail reform. Now Ogg is running for a third term—this time with a much more sour relationship to many in her party. She first faces a challenge from a former staffer in the March 5 Democratic primary. 

In recent years, reform-minded local officials who have butted heads with Ogg have found themselves in the crosshairs of her powerful office. Under Ogg, the DA’s office filed complaints with the state in an attempt to unseat a Democratic criminal court judge who was vocally critical of the DA. Her office attempted to prosecute another Democratic judge who had publicly sparred with her over bail reforms. Ogg’s office is also currently prosecuting former aides of Democratic Harris County Judge Lina Hidalgo, the county executive who has repeatedly clashed with the DA over criminal justice policy, over alleged improprieties involving a county contract. 

Pushback from Ogg’s own party reached a boiling point late last year when Harris County Democrats officially admonished the DA. Local party precinct chairs voted overwhelmingly to pass a resolution stating that Ogg has “abused the power of her office to pursue personal vendettas against her political opponents, sided with Republicans to advance their extremist agenda, and stood in the way of fixing the broken criminal justice system.” 

Ogg has dismissed the intra-party fight as “political drama” and argues she helped steer the office through Hurricane Harvey and the COVID-19 pandemic, crises that wreaked havoc on the local criminal legal system. (Ogg’s office and campaign didn’t respond to numerous requests for comment for this story.) 

Ogg’s critics say her charging decisions have contributed to the deadly crisis at the local jail. Defense attorneys and former prosecutors have accused her of mismanagement and bungling some of the office’s core functions, such as screening charges filed by police. According to a recent investigation by the Houston Chronicle, cases prosecuted by the DA’s office that judges later tossed for lack of probable cause have skyrocketed under Ogg after she changed how the office reviews charges, resulting in more and more Houstonians jailed without a firm legal basis. 

Sean Teare, a former prosecutor who is challenging Ogg in the Democratic primary, told Bolts that problems with the DA’s intake division reflect a larger “culture of fear” that she has fostered in the office. He claims that prosecutors are reluctant to dismiss weak cases, or allow for pretrial release or plead down charges when appropriate, for fear that a case might later generate critical headlines. Teare argues that the environment has compounded the looming backlog in criminal cases facing the office. 

“You can make the recommendation for plea bargains at the highest level possible, just never move off of it, and the case will never plea,” he said. “It will pend for three and a half years and someone else will have to try it—even if we know we can’t make the case or that’s not the right recommendation, because that’s the way you don’t get in trouble.” 

While Democrats have come to dominate countywide elections in Harris County, the primary winner will face Dan Simons, a local Republican lawyer, in the general election.

Austin’s election unfolds under a removal threat

Just a month before a Minneapolis officer murdered George Floyd and sparked a national uprising, Austin cops had killed Mike Ramos, another unarmed Black man whose name, along with Floyd’s, eventually became a rallying cry during the seismic protests that hit Texas’ capital city that summer. Austin police only reinforced their reputation for violence during the 2020 protests, shooting crowd-control munitions like “bean bag” rounds at unarmed protesters, resulting in numerous severe injuries. 

José Garza, a former public defender and labor rights organizer, successfully ran for Travis County DA that year, vowing to hold police accountable. Within months, prosecutions against abusive cops started to rise. In early 2022, about a year after taking over, Garza announced charges against more than a dozen Austin officers accused of assault and deadly conduct during the 2020 protests. 

Garza’s first term has been a lesson in what kind of policy changes local reform-minded DAs can enact—from prosecuting police to improving the office’s historically harmful treatment of sex assault survivors and piloting a restorative justice program. Garza says the office has also dramatically expanded access to pretrial diversion programs, so that most people charged with non-violent offenses are now connected with some kind of service, whether job training or treatment, instead of being convicted. In an interview with Bolts, Garza pointed to a recent case, a single father charged with cocaine possession, as an example: diversion meant prosecutors sending the man to the local carpenters union for a training program and dismissing the charge when he completed it.

“The carpenters told us he was their best student, and so he ended his contact with our criminal legal system in Travis County, not as a convicted felon but as a carpenter’s apprentice,” Garza said. 

But as he stepped up police prosecutions and other reforms, Garza has drawn the hostility of law enforcement unions and their allies, a familiar pattern to other progressives in his office. And as he now seeks a second term, Garza first faces a March 5 Democratic primary against Jeremy Sylestine, a former prosecutor who has accused him of painting a “political bullseye” on APD officers.

Sylestine has also aired campaign ads accusing the DA of being too lenient on plea deals (Sylestine’s campaign didn’t respond to requests for comment for this story). Daniel Betts, the only GOP candidate, has encouraged Republican voters to cross party lines to vote in the Democratic primary against Garza, which is allowed under Texas’ open primary system. 

In their efforts against Garza, police groups are also looking beyond elections. Last year, Republicans in the Texas legislature rewrote state law to allow for courts to remove local DAs who choose not to pursue certain types of crimes. Aimed at a handful of ”rogue prosecutors” who, like Garza, had promised not to prosecute people for abortion, the new law also threatens to undermine local attempts to decriminalize marijuana possession. 

Law enforcement groups launched a website to collect complaints against Garza the week the new prosecutor-removal law took effect last September. In December, the GOP candidate who lost to Garza in the 2020 general election helped file a petition to remove him from office, citing the new law. 

Garza in December ended up dismissing the criminal charges against most of the Austin police officers his office was prosecuting for excessive force during the 2020 protests. Garza says those cases were derailed late last year when APD sent his office an internal review showing that police officials knew ahead of the protests that the department’s crowd-control munitions were dangerous and could maim people. Garza also says police conveniently did not investigate or disclose those facts until the three-year statute of limitations had passed for any potential indictments against higher-ups. 

Garza insists that police prosecutions are among the most difficult cases his office handles but he says he’s using his perch to push for police oversight and accountability in ways that go beyond prosecuting cases. In December, even as he dropped the charges against officers who injured protesters in 2020, Garza says he asked Austin’s mayor to join him in calling for a U.S. Department of Justice investigation into APD’s use of force and crowd-control tactics during the 2020 protest.

“I’m really more convinced than ever that there really needs to be deep, systemic change in the Austin Police Department,” Garza said. 

The post The Texas Elections That Will Shape Policing and Punishment This Year appeared first on Bolts.

When Los Angeles Sheriff Alex Villanueva lost his reelection bid in November 2022, it seemed to mark a default cessation of hostilities between him and the Board of Supervisors, the county’s five-member governing body. The conflict spanned his four-year tenure, from an early clash over Villanueva’s rehiring of a deputy fired for allegations of domestic abuse to his dispatching a team of deputies armed with battering rams to raid one of the supervisor’s homes just before the 2022 election. There was no shortage of choice words, either: At one point, the sheriff said the supervisors “need to be taken to the shed and they need to be beat down so they start doing their job.” 

Recently, though, Villanueva has reemerged from retirement with a novel provocation: He is seeking to join the ranks of the body he long antagonized. In September, he announced his bid for county supervisor, running against Janice Hahn, a centrist Democrat with deep roots in LA politics. Perhaps predictably, the other four sitting supervisors have endorsed Hahn, who promptly issued a statement calling Villanueva “a fraud and a failure.” In response, Villanueva told Bolts: “Janice Hahn is a fraud and a failure, hands down.” 

All this feuding can seem petty, but the stakes are quite literally life and death for some Angelenos. 

Jail deaths steadily increased each year Villanueva was in power. “Under Villanueva, the conditions in the jails deteriorated significantly,” said Claire Simonich, associate director at Vera Action, “[there were] people with serious mental illness being chained to chairs for days at a time, dozens of people being crammed together in overcrowded facilities.” 

In response to a request for comment on the jail deaths, Villanueva emailed Bolts: “Aw gee, did something called the pandemic happen during my tenure?” He also touted his efforts to reduce the jail population during the pandemic. However, a UCLA report found that despite an initial decline in the population, overall people were actually held in custody pretrial longer during the pandemic, in part due to the sheriff department’s practices. 

But the crisis has continued since Villanueva’s exit. At least 46 people have died inside LA County jails or elsewhere in the sheriff’s custody thus far in 2023. These numbers make the jails in Los Angeles deadlier than Rikers Island, the New York lockup that frequently makes national headlines for its intolerable conditions. An 18-year-old also died in one of the county’s juvenile detention facilities in May.

Part of the responsibility falls on Villanueva’s successor, Sheriff Robert Luna. But the county’s Board of Supervisors also possesses an extraordinary amount of power over this situation: it sets the county’s $46.7 billion budget, including how much money goes toward incarceration and how much goes to alternatives to incarceration like inpatient mental health treatment, and holds oversight power over county jails and the sheriff’s department.

“On the flip side,” Simonich said, “the board does have responsibility to build up the types of services that will prevent crime from happening in the first place and invest in housing, invest in mental health care, invest in substance use disorder treatment.” The supervisors have dragged their heels on funding for the mental health beds the county desperately needs, and continuously failed to close the dangerous and dilapidated Men’s Central Jail, a move they first committed to in 2019.

The showdown between Hahn and Villanueva, then, underscores just how drastically the sheriff’s department and the board alike have failed to protect the people in their care.

Their race may be resolved as early as the March 5 primary if a candidate receives more than 50 percent across District 4, an area in the county’s southern part. That’s a strong possibility, with only two lower-profile candidates in the race. Otherwise, Villanueva’s comeback bid may continue into a Top 2 runoff in November.

But local advocates are also eying the two other seats on the board that Angelenos will decide this election, hoping to put in place a stronger alliance next year willing to finally flex the board’s power to improve jail conditions. 

“The Board of Supervisors, apart from when they are forced to discuss in-custody deaths, have been entirely silent,” said Ambrose Brooks S., the campaign and advocacy manager for Dignity and Power Now, a member of the Justice LA Coalition. “This is urgent, this is an emergency, and their silence is not going to make us stop advocating for them to do something.” 

Thanks to a state transparency law that went into effect on New Year’s Day, 2023, the LASD now maintains an in-custody death tracker. As of December 18, the list includes 45 names: men between the ages of 20 and 91, most of them pretrial, who allegedly died by suicide, because of illness, or a drug overdose, or, in three instances, at the hands of another person. But the majority of deaths listed are attributed to “natural causes” or are pending a final autopsy report.

There is at least one person whose death is nowhere to be found on that list: Stanley Tobias Wilson, Jr. Wilson was a talented athlete who attended Stanford and went on to play football in the NFL. But unresolved trauma from childhood sexual abuse combined with CTE from years of football proved devastating to his mental health, his mom, Dr. D. Pulane Lucas, told Bolts. Last November, Wilson was deemed incompetent to stand trial for a recent break-in. Unbeknownst to Lucas, a judge ordered that her son be moved from where he was being held at Twin Towers, the county’s second largest jail, to Metropolitan State Hospital, which specializes in psychiatric care, by no later than Dec. 5. 

Nearly two months later, he was dead. A County Medical Examiner employee initially told Lucas he’d been found unconscious in his cell. “And then the story changed,” Lucas said. Now, they were telling her he’d fallen out of a chair and died of a pulmonary embolism while waiting to be admitted to Metropolitan. Lucas, who runs a policy nonprofit in Virginia, flew to Los Angeles to try to figure out what had happened, visiting the sheriff’s department to request records, then to Metropolitan, where her son had allegedly collapsed. “And that’s when they told me that they’ve never had anyone by the name of Stanley T. Wilson Jr. admitted,” she said. “I was blown away…now all of a sudden to get the message in person that Stanley did not die there and was never a patient there?”

Lucas sought another autopsy. “There’s blatant evidence of violence against him,” Jason Major, an autopsy technician who performed the independent death review, told Bolts. “He had a footprint on his face that’s clearly visible…he had abrasions on his knuckles, on his knees.” 

To Lucas, it is impossible to square the simple answer for her son’s death—a pulmonary embolism—with the errors, shifting narratives, and obfuscations surrounding Wilson’s death that she received from the County Medical Examiner’s office. (The office did not respond to a request for comment). Major and Lucas both believe that the truth is closer to the County Medical Examiner’s original version of the story; that Wilson collapsed and possibly even died at the jail, and that deputies transported him to the hospital after realizing that they were in flagrant violation of the judge’s order to transfer him months earlier. “They never even checked him in,” Major said. “He basically was dropped off, like Weekend at Bernie’s.” 

Nick Shapiro, the director of the Carceral Ecologies lab at UCLA, says that Wilson’s case is characteristic of jail deaths in LA County. Fatalities that get chalked up as natural often stem from a complicated interplay of factors such as poor mental health treatment, racialized violence, and negligence, he told Bolts. “The Black population has been subject to specific racial violence from deputy gangs [within the jails]… there’s been very long-term, documented gang related activity in the mental health ward.” 

In a 2022 analysis of 58 autopsies of people who died in LA county jails between 2009 and 2018 (just a small fraction of the total number owing to the county’s refusal to release most records), Shapiro and his co-author, Terence Keel, the founding director of the UCLA Lab for BioCritical Studies, found that more than half of the deaths classified as “natural” exhibited signs of violence on the body. They also found that Black people’s deaths were much more likely to be categorized as “natural” than those of other races. “There’s a problem in thinking about ‘natural death’ being the same for incarcerated populations that have no free will to choose what they eat, to choose what they drink, to bathe themselves on their own schedules, to wear appropriate clothing for the weather,” said Shapiro. In a recently published follow-up report, the researchers conclude that these classifications serve to downplay the responsibility of deputies and other jail staff for these deaths, whether through negligence and deprivation of care or outright violence—essentially blaming incarcerated people for their own demise. 

“What we’re looking at is really capital punishment through other means,” Keel told Bolts. 

To Lucas, one of the most suspicious aspects of her son’s death was how the official story changed and coalesced over time: “They’re telling their story after the fact and it appears that they’ve all gotten together because they’re all saying the exact same little story, you know, word for word.” (Lucas said that LASD has refused to release video footage she’s requested). 

Lucas told Bolts that Wilson’s omission from the official LASD tracker leads her to suspect that there are other deaths missing, too. (She recently wrote an editorial for The Appeal exploring this issue). “Within one month of when they started counting—here’s Stanley,” she said. “The beacon to say: look, some of us aren’t being counted. And here’s Stanley with a mama who’s not just going to accept the medical examiner’s statement of how he died.” 

In September, Lucas flew once more to Los Angeles to attend a vigil for those lost inside county jails. The following day, she gave public comment at the Board of Supervisors meeting. “While it’s too late for Stanley, I’m here to speak to the importance of providing needed services for inmates with mental health services, and also to support alternatives to incarceration,” she told the board. 

The board has a complex record on both of these issues. “Historically, the board has taken first steps to establish ‘care first’ practices in Los Angeles,” said Simonich of Vera Action. They’ve pledged to shut down Men’s Central Jail, established an “Alternatives to Incarceration” working group to explore implementing a variety of services that can preclude jail time, and created a Justice, Care, and Opportunities Department to one day move pretrial services out of the Probation department and instead develop community programs to support people awaiting trial. “Where the board continues to falter is on follow-through.” 

Simonich told Bolts she wanted to see the board immediately commit to a clear timeline to close Men’s Central Jail, which has been responsible for a disproportionate share of deaths this year. “It’s now been more than two years since the board commissioned the report on how to close Men’s Central Jail, and no actual plan has been adopted. No timeline has been put in place,” she said. 

For Brooks S. of Dignity and Power Now, the single most important intervention to alleviate the jail death crisis would be for the Board of Supervisors, in collaboration with the County CEO, to fast-track funding for more county mental health beds. Dignity and Power Now has been working with a woman whose son was jailed about a year ago while suffering from paranoid schizophrenia ; a judge ordered him released to inpatient mental health treatment this fall, but he’s still in jail, and won’t be released until sometime this month because there are so few spaces available. “If there was no waitlist, all of the people who were ordered by the court for mental health diversion could go the day that the order is made,” Brooks S. said. “That would drastically decrease the jail population.” 

The board could see a serious shakeup in several directions during the 2024 elections, from the arrival of Villanueva to the replacement of its most conservative member by a staunch progressive. Two supervisors besides Hahn are up for reelection: Holly Mitchell, whom Justice LA considers the foremost champion of the ’Care First, Jails Last’ agenda, and Kathryn Barger, the board’s lone Republican. 

Mitchell faces three challengers, at least one of whom is questioning her support for criminal justice reforms; the consensus among local observers is that she’ll be the clear favorite in a district that covers South Los Angeles and western portions of the county.

Barger, whose district encompasses LA County’s relatively conservative, exurban Northeast but also includes left-leaning cities like Pasadena and Burbank, faces a challenge from two progressive Democratic candidates, Assemblymember Chris Holden and Burbank Mayor Konstantine Anthony. Two other candidates, Perry Goldberg and Marlon Marroquin, are also in the race. (Here too, the top two candidates will face off in November if no one receives more than 50 percent on March 5.)

Though Hahn has dismissed Villanueva’s candidacy, her political choices in recent months appear directly influenced by his presence in the race. After the former sheriff blamed her for voting for a hiring freeze on deputies in 2022, Hahn spoke emphatically at a recent event against defunding the sheriff’s department, noting that the Board has increased LASD funding by over a billion dollars over the past decade, even boasting that her office had stepped in to pay for extra patrols in some unincorporated communities. Recently, she cast the lone vote against moving parking enforcement out of the sheriff’s department and into the department of public works, which would remove some funding from the sheriff. “To me, that suggests Hahn tacking to the right and specifically playing into law enforcement,” Brooks S. said. 

A spokesperson for Hahn emphasized to Bolts that the supervisor was concerned about rushing the measure without prior study. She added that fully funding LASD and investing in mental healthcare, job training, and youth programs was “not a contradictory effort.” 

One of Hahn’s other challengers, Rancho Palos Verdes City Councilor John Cruikshank, is also running to her right, calling for more detention and support for sheriff officers.

Meanwhile, Barger has recently demonstrated more serious interest in investing in mental health care in the county. But the supervisor has also long expressed support for building a locked mental health facility in place of Men’s Central Jail, which organizers have denounced as a jail by another name. When Supervisors Hilda Solis and Lindsay Horvath introduced a motion seeking to immediately reduce the jail population in April, both Barger and Hahn expressed their opposition, citing public safety concerns. (Solis ultimately withdrew the motion). “We are desperate for Supervisor Hahn and Supervisor Barger to take the situation in the jail seriously,” said Brooks S. 

In a statement to Bolts, Barger reemphasized her stance on closing the jail. “I believe Men’s Central Jail should be permanently closed and I stand by my belief that we need to replace it with a state-of-the-art facility that is secure, safe, and provides high quality care for those who pose a danger to themselves and the community,” she wrote.

Anthony, the Burbank mayor running against Barger, criticized her record in an interview with Bolts, including her support for a locked mental health facility to replace Men’s Central Jail. “On day one, if it hasn’t been agendized, I will agendize the closing of Men’s Central Jail,” he said. “I will absolutely vote for a speedy timeline. It’s well overdue.” Anthony also told Bolts he’d move to fast track mental health beds, as long as they weren’t supplied through Care Courts, a novel form of court-ordered mental health treatment championed by Governor Gavin Newsom that has drawn criticism from disability rights and civil liberties advocates. “We can build outreach centers…that the county simply funds, and [are] run by the local city or jurisdiction. We need to spread out the help,” he said. 

Holden, Barger’s other challenger, didn’t respond to multiple requests for an interview. He has supported police and prison reform at the state level, writing a bill known as the “George Floyd law” to establish greater consequences for police who fail to intervene when a colleague is using excessive force, and most recently sponsoring the Mandela Act, which would bring California in line with U.N. restrictions on the use of solitary confinement—including in the local Los Angeles jails. 

Anthony said he hoped to hasten the Board of Supervisors’ halting advancements towards a county system that prioritizes care over incarceration. “By running in this race and getting elected, I’ll be able to flip one of the seats that is preventing a lot of this progress, and hopefully that will get rid of many of the barricades that we’re seeing,” he told Bolts. 

Los Angeles faces the strange possibility of emerging from these elections with four supervisors who have expressed a commitment to advancing criminal legal reform at the county level—and Alex Villanueva. And while it may seem that just one supervisor couldn’t do much to throw a spanner in the works, Simonich of Vera Action cautioned that each member of the Board holds enormous power, from choosing what to place on the agenda for public hearings, which can have significant policy ramifications, to appointing commissioners, including to two separate boards with oversight power over LASD and the jails—and positions such as the Chief Medical Examiner-Coroner. 

Keel, the UCLA researcher, hopes that the March primaries spur a broader reconsideration of how the county responds to these deaths. He wants the Board of Supervisors to establish an independent medical board to provide a secondary autopsy for everyone who dies in state custody, “whether that’s in jail, or on the streets.” 

 “We are not helping to create a better county if we continue to just assume these people died as a result of their own will and their own poor biology, rather than saying, No, we’re culpable, we’re accountable,” he said. “We need to be thinking differently about inequality—and how the ultimate cost of inequality is death.” 

Correction (Jan. 2024): This article has been updated to reflect the final version of Terence Keel’s and Nicholas Shapiro’s report on LA County Jail autopsies.

The post As Los Angeles Politicians Trade Barbs, Jail Deaths Keep Mounting appeared first on Bolts.

Local DAs like Willis have become a key GOP target this year, as Republicans go after prosecutors who they think are standing in the way of their political or policy ambitions. New laws in Georgia and Texas give courts and state officials more authority to discipline DAs. Florida Governor Ron DeSantis, who is challenging Trump for the GOP’s presidential nomination, has over the last 18 months removed two Democratic prosecutors from office, angry over their policies like not prosecuting abortion. 

The presidential election is also pulling sheriffs into its orbit. Far-right sheriffs have allied with election deniers, using local law enforcement to amplify Trump’s lies about 2020, ramp up investigations, and even threaten election officials. One such sheriff, Pinal County’s Mark Lamb, is now running for the U.S. Senate in Arizona, leaving his office open. Over in Texas, Tarrant County (Fort Worth) Sheriff Bill Waybourn inspired a new task force that will be policing how people vote while he runs for reelection next year.

With roughly 2,200 prosecutors and sheriffs on the 2024 ballot, voters will weigh in on county offices throughout the nation next year, settling confrontations over the shape of local criminal legal systems while also choosing the president and Congress.

Bolts today is launching its coverage with our annual overview of which counties will hold such races and when: Find our full list here.

Which Counties Elect Their Prosecutors and Sheriffs in 2024?

Learn whether your county is hosting a prosecutor or sheriff race next year.

These offices often get overshadowed since the criminal legal system is so decentralized, but that’s also what makes these offices so powerful: DAs exert a great deal of discretion within their jurisdiction, choosing what cases to prosecute and how harshly, as do the sheriffs who run their county jails like fiefdoms. 

Most of the counties choosing their prosecutors and sheriffs in 2024 last elected these officials in 2020, a tumultuous year defined by the summer’s Black Lives Matter protests and amplified attention to racial injustice.

Many candidates broke the traditional mold of law-and-order campaigning that year, making the case instead that punitive practices haven’t delivered on safety even as they’ve ballooned prisons. Reform-minded prosecutors were elected or reelected in the counties that contain Los Angeles, Chicago, Austin, Tucson, and Ann Arbor, among others; voters also elected some new sheriffs who interrupted immigration detention. But progressives fell short in high-profile races in the contain Houston, Detroit, Fort Worth, and Phoenix.

Those offices are all back on the ballot in 2024. Criminal justice reformers are defending more incumbents than ever but also hope to gain some new ground where they’ve faltered in the last cycle, with the future prospect of policies that would ramp incarceration up or down on the line.

To kick off our coverage of criminal justice in 2024’s local elections, here is an early guide to storylines to watch.

1. The reform-minded prosecutors seeking second terms

Los Angeles County’s size (ten million residents) and the tensions around George Gascón’s reelection bid are enough to make LA the marquee DA race of 2024. After Gascón ousted his tough-on-crime predecessor in 2020, he faced an internal revolt from staff prosecutors unwilling to implement his reforms and survived several efforts by his critics to force a recall. (One of the loudest champions for recalling Gascón, Sheriff Alex Villanueva, was ousted by voters in 2022.)

Gascón, who has dubbed himself the “godfather of progressive prosecutors,” now faces a very crowded field to secure a second term. While he’s also faced criticism from the left for not delivering on some of his promises, his opponents are largely running to his right, promising to roll back his sentencing reforms.

Other first-term progressive incumbents are also up for reelection. They include former labor organizer José Garza in Texas’ Travis County (Austin), Eli Savit in Michigan’s Washtenaw County (Ann Arbor), Deborah Gonzalez in Georgia’s Clarke County (Athens), and Laura Conover, who went from protesting the death penalty as a youth activist to promising to never seek it as the chief prosecutor of Pima County (Tucson).

Police groups have taken note and are already involved in these races. In Austin, police groups have tried to drum up complaints against Garza, who used his first term to prosecute police officers accused of violence, breaking with usual norms of impunity in a way that has made him a target for the national right. Last week, though, Garza dismissed the felony assault charges he had brought against 17 officers for their actions against protesters in 2020. 

Other new prosecutors who’ve clashed with police include Mike Schmidt in Oregon’s Multnomah County (Portland), whose challenger Nathan Vasquez has a closer relationship with the police, and Mimi Rocah in New York’s Westchester County. Rocah, who won her DA race in the wake of a major police scandal, vacated convictions that were tied to the testimony of a disgraced police officer. She won’t seek reelection next year, sparking an open race.

2. Clashing visions of public safety 

Cook County State’s Attorney Kim Foxx is retiring in 2024, eight years after ousting Chicago’s chief prosecutor and starting to implement some reforms. So far, the Democrats running to replace her are walking a line between promising to keep Foxx’s changes and vowing to work more closely with law enforcement; a GOP candidate, meanwhile, has denounced Foxx for turning the office into a “social service agency instead of the prosecuting arm of the people.” 

However hyperbolic, that statement underscores the clashing visions of public safety in many of these prosecutorial races. Reform-minded candidates often make the case for strengthening a broader array of public services as an answer to crime, while their critics want to keep the focus on the more conventional tools of policing and incarceration. 

In Ohio’s Hamilton County (Cincinnati), for instance, Republican incumbent Melissa Powers hopes to prevail in a county that’s trending leftward by stroking fears about the effects of a Democratic takeover. She recently said her loss would turn Hamilton County into “a Baltimore, a Saint Louis,” naming two of the nation’s big cities with the highest share of Black residents. To prevail in November, Powers would need to perform strongly in the county’s populous suburban areas, which are far whiter than its urban core of Cincinnati.

But many of next year’s most intriguing elections will be decided within the Democratic Party. Incumbents with a record of fighting local criminal justice reforms, and who beat back progressive challengers in 2020 or 2022, may choose to seek new terms in 2024.

These incumbents include: San Francisco DA Brooke Jenkins, who has embraced harsher policies and dropped police prosecutions since replacing Chesa Boudin, a progressive who was recalled in 2022; Harris County (Houston) DA Kim Ogg, a fierce critic of local bail reforms whose clashes with reform-minded Democrats have escalated this year; Cuyahoga County (Cleveland) Prosecutor Michael O’Malley, known for the frequency with which he seeks death sentences; Wayne County (Detroit) Prosecutor Kym Worthy, who has defended punitive practices toward minors; and Albany County DA David Soares, who is a leading voice among New Yorkers demanding more rollbacks to the state’s recent bail reforms. 

Some of these races will be slow to take shape since the filing deadlines are still months away. But in Houston and Cleveland, the primaries are already around the corner. On March 5, Ogg faces Sean Teare, a former prosecutor in her office whose platform is more muted than some of Ogg’s prior opponents but who has support from some of her progressive critics. On March 19, O’Malley faces law professor and former public defender Matthew Ahn, who has pledged to never seek the death penalty and decrease pretrial detention. 

Bolts will keep an eye on these and many more races next year, with prosecutor elections still taking shape all around the nation, from Bernalillo County (Albuquerque) and Maricopa County (Phoenix) to Milwaukee and Honolulu.

3. Can criminal justice reformers even run for local prosecutor in certain red states?

When DeSantis suspended Tampa prosecutor Andrew Warren over policy disagreements in 2022, Bolts writer Piper French pondered how to take future Florida elections seriously in light of that abrupt move. “What does it even mean to run for office when the governor’s political whims could turn a win into a loss?” she asked. Since then, Warren’s DeSantis-appointed replacement has rolled back some of his reforms, and DeSantis has since fired a second prosecutor, Monique Worrell, in Orlando. (Worell is still contesting her ouster in state court.)

Nearly all Floridians will vote on their prosecutor in 2024. That means that in Hillsborough (Tampa) and Orange (Orlando) counties, residents will get to weigh in for the first time since DeSantis summarily dismissed the officials they’d elected in their last local elections. 

But the atmosphere created by DeSantis will make it tricky for there to be real policy choice in those elections. In Tampa, Orlando, and everywhere else in the state, candidates will know that their win may be overturned by the governor if they run on a vision that differs from his.

A similar dynamic exists, to a lesser extent, in Georgia, where the GOP adopted a new law that makes it a removable offense for local DAs to propose certain policies that progressives have prized, as well as in Texas, where some DAs are facing similar efforts to oust them. Conservative critics of Garza, Austin’s DA, filed a complaint seeking to remove him from office this month over his approach to prosecuting lower-level offenses.

4. Who will speak up against gruesome jail conditions?

Aggravated by routinely poor health care, jail deaths are a crisis all over the country—including in states such as Georgia, Michigan, Texas, and West Virginia that will be electing all of their sheriffs in 2024. 

Sheriff Bill Waybourn, for instance, has overseen a startling string of deaths in Tarrant County, Texas, though that didn’t stop the Republican incumbent from narrowly securing reelection in 2020. 

Patrick Moses, one of Waybourn’s two Democratic challengers next year, promised to step up investigations into jail deaths when he launched his bid last week. “I view the 60 in-custody deaths at the Tarrant County Jail since 2018 as 60 individual reasons to run for office,” he says on his new website. 

Other counties with sheriff races are under investigation by the U.S. Department of Justice for conditions in their local jails, including Fulton County (Atlanta) and parts of South Carolina. 

Fulton County Sheriff Pat Labat, a Democrat, is facing heavy fire and calls for his resignation due the many people who’ve died under his custody in Atlanta and due to his flailing response. Asked by Atlanta News First last week if Labat should step down, the chair of the county board pointed to the upcoming elections: “In the final analysis, it’ll be up to the voters come 2024.”

5. The rise of the far-right sheriffs

After Kansas’ most populous county, Johnson County, voted for Joe Biden by eight percentage points in 2020, Republican Sheriff Calvin Hayden went on a crusade claiming that elections are marred by widespread fraud and ramping up investigations, echoing Trumpian conspiracies.

Hayden is just one of the many sheriffs who have linked up with election deniers and other far-right organizations, using the power of the badge to push their agenda. And now he’s already facing an opponent in what’s likely to be a tough reelection bid next year. 

Many sheriffs with similar politics represent far redder territory, though recent examples show they may still lose against fellow Republicans or independents. The GOP primary to replace Mark Lamb in conservative Pinal County will be especially noteworthy if it yields a new sheriff who won’t see his role as propping up so-called constitutional sheriffs all around the nation. 

6. Immigrants’ rights will define more sheriff elections

Several Southern counties in 2020 interrupted their history of anti-immigration policies. In Charleston County, South Carolina, and Cobb and Gwinnett counties, Georgia, voters elected Democratic sheriffs who terminated their counties’ so-called 287(g) contracts—agreements with U.S. Immigration and Customs Enforcement (ICE) that authorizes sheriff’s deputies to arrest and detain people they suspect to be undocumented immigrants.

These sheriffs are all up for reelection in 2024, all in counties that may be competitive in a general election.

It may be hard for immigrants’ rights activists to break up more of these contracts through the polling booth in 2024, though. Per Bolts’ analysis, there are almost 90 counties presently in the 287(g) program that hold sheriff’s races, but they’re mostly in staunchly conservative areas. The exceptions are largely in Florida, due to a recent law signed by DeSantis that mandates that sheriffs join 287(g) whatever their own preferences. Outside of Florida, only one Biden-carried county has a 287(g) contract and is voting for sheriff in 2024: Bill Waybourn’s Tarrant County. 

But collaboration with ICE extends far beyond 287(g). Many sheriffs rent out jail space to ICE, or seek out federal grants to police immigrants. And come 2024, sheriff races in Arizona—a border state with a long history of anti-immigrant practices—may be the central battleground for those debates, especially with yet another unpredictable election taking shape in Maricopa County. 

Home to Joe Arpaio, one of the nation’s most visible far-right politicians, Maricopa County in 2016 saw Democrat Paul Penzone oust Arpaio and end some of the county’s most aggressive practices against immigrants. But Penzone also severely disappointed immigrants’ rights activists by maintaining close ties with ICE and keeping federal agents in his local jails.

Penzone announced this fall that he’ll resign in January, making the race unpredictable at this stage. In early 2024, the county board will need to replace him with a new Democrat, who’d then decide whether to seek reelection; already in the running is Penzone’s 2020 Republican rival, Jerry Sheridan, a former Arpaio deputy. In this county of 4.4 million, the race may present an opportunity for local immigrants’ rights activists to gain a stronger ally, though it also opens the door for one of the nation’s largest law enforcement agencies to swing back to the far right. 

7. The many other elections that will matter greatly for criminal justice policy 

Sheriffs and prosecutors are just slices of the vast institutional edifice that runs the nation’s criminal legal systems. In 2024, big cities such as Baltimore and San Francisco will elect their mayor—an office that often, though not always, exerts direct control over the police department.

Ten states will elect their attorneys general, a role with broad authority over law enforcement. At least 33 will elect supreme court justices, who’ll shape local policy and individual criminal cases. 

And all of these races are bound to be overshadowed by a presidential campaign likely to pit President Biden against his predecessor. Trump is again playing up a strongman image, proposing the death penalty over drug sales and outlining a vast deportation infrastructure for which the collaboration of local sheriffs could prove critical. 

The post The Thousands of Local Elections That Will Shape Criminal Justice Policy in 2024 appeared first on Bolts.

In January 2020, just weeks after he was sworn in as sheriff of Snohomish County, in Washington State, Adam Fortney rehired a deputy the previous sheriff had just recently fired for an unjustified killing. 

Ty Trenary, the sheriff whom Fortney defeated in November 2019, had only a month earlier terminated a sheriff’s deputy named Art Wallin for a 2018 shooting that killed Nickolas Peters, a 24-year-old who had fled from police in his truck. Trenary had determined that an investigation by a county task force showed Peters wasn’t enough of a threat to warrant being shot, and that Wallin violated department policies on chases and deadly force. The department also reprimanded Fortney, a sergeant in the department and Wallin’s supervisor at the time of the shooting, for not calling off the chase that ended with deputies cornering Peters and barking orders at him to turn off his truck and raise his hands. According to the county’s investigation, Wallin claimed his “Spidey sense” made him believe Peters had a gun before he fired twice into the truck and killed him; no witnesses saw Peters with a firearm, and detectives only found a pistol inside a green zipper case under the center console of his truck after the killing. 

Fortney’s rehiring of Wallin came just weeks after the county settled a wrongful death lawsuit by Peters’ family for $1 million. Just a week after he brought Wallin back into the fold, Fortney also reinstated two more deputies who had been fired by the previous sheriff for violating department policy after an internal investigation showed them trying to cover up an illegal search. Fortney defended the reinstatements, telling local reporters soon after he took over as sheriff, “I’m the new sheriff, I get to weigh in on my guys’ discipline, bottom line.” 

Those rehirings, as well as Fortney’s defiance of Washington State’s stay-at-home orders in the earliest days of the pandemic sparked multiple petitions to remove him from office by the summer of 2020, just months into his term, but those efforts failed to gather enough signatures to trigger a recall vote. 

This fall, Fortney faces a heated battle to keep his post as sheriff. His challenger in the Nov. 7 election, Susanna Johnson, is a longtime veteran of the Snohomish sheriff’s office who left it in 2020 shortly after Fortney took over. She has gained support from many in local law enforcement, including five former Snohomish sheriffs who penned an open letter to the Everett Herald in October urging voters to pick her. 

“Snohomish County needs a sheriff who is willing to tackle difficult problems, not with partisan rallies, self-serving videos and inflammatory social media posts, but with action,” the sheriffs wrote in their letter. “We need a greater focus on professionalism and common-sense safety solutions.” 

The election is nonpartisan but Fortney is endorsed by local Republicans, and Johnson has drawn Democratic support.

In an interview with Bolts, Johnson said she decided to leave the sheriff’s office, where she had become a bureau chief, in 2020 and began to consider running to replace Fortney after he reinstated the deputies who’d been fired for lying and covering up a warrantless search. One of the deputies, Matthew Boice, was also president of the Snohomish County Deputy Sheriff’s Association, which endorsed Fortney in his 2019 race; Fortney, himself the union’s former president, was replaced by Boice when he stepped down to run for sheriff.

“It was not only an embarrassment to this agency where I grew up, but just to all law enforcement,” Johnson told Bolts. “There’s real and perceived bias issues within the agency,” she said. She worried that rehiring deputies with known histories of misconduct leads to communities being “terrified of the cops.”

Fortney, who didn’t respond to an interview request or emailed questions for this story, has said he brought a different approach to the sheriff’s office, where he’s worked for nearly 30 years, much of it on patrol. “I ran as a graveyard patrol sergeant back in 2019 against a 6 year incumbent sheriff,” he said last month during a campaign forum held by the local League of Women Voters. “I ended up getting into politics when I was still a street cop, still a patrol sergeant running a crew, so I bring that perspective.”

In addition to bringing back deputies the previous administration had fired, other controversies clouded Fortney’s first several months in office. In March 2020, he wrote a Facebook post calling the actions of a deputy who chased and tackled a Black woman accused of jaywalking “reasonable”; the woman, who sued and accused the sheriff’s office of racial discrimination, recently received $75,000 from the county to settle the case. As COVID swept Washington State, Fortney again turned to Facebook to accuse Governor Jay Inslee of mishandling the crisis and vowed to refuse to enforce the governor’s emergency orders for nonessential business to close, to limit large gatherings and require masking indoors. As the pandemic continued, Fortney wrote an even longer post calling the governor’s orders unconstitutional and reiterating that he wouldn’t enforce them. 

“As your elected Sheriff I will always put your constitutional rights above politics or popular opinion,” Fortney wrote. “We have the right to peaceably assemble. We have the right to keep and bear arms. We have the right to attend church service of any denomination.” 

Fortney’s statements had consequences. At the height of the pandemic in the spring of 2020, a Snohomish barber said he was inspired by Fortney’s announcement to reopen his shop—no masks, no social distancing—to the chagrin of others in the community. Inslee’s chief of staff pushed back on Fortney’s refusal to enforce emergency restrictions, saying, “People should not be looking to the sheriff’s Facebook page either for constitutional analysis or health advice.” As Snohomish County health officials urged residents to follow COVID mitigation measures, the Snohomish County Executive Dave Somers said at the time, “This isn’t about the opinions of any single elected official…It’s about the health and safety of all the people we serve.”

After Fortney’s actions during the early days of the pandemic sparked efforts to remove him, the sheriff asked the county to help defend him and cover his legal costs to challenge the recall petitions. Adam Cornell, who was then the Snohomish County Prosecutor, refused, telling the sheriff in a letter that his statements were “fairly construed to support behavior that puts all citizens at greater risk of harm and death. Put simply, your words were akin to yelling ‘fire’ in a crowded theater.” 

Cornell, who did not run for reelection in 2022, said that Fortney made it hard for people to trust law enforcement, including the prosecutor’s office, by rehiring deputies who had committed misconduct. “He forgot that he holds the public trust, and critical to holding the public trust is having to sometimes hold your own people accountable, however unpleasant that may be,” Cornell told Bolts. Cornell is now supporting Fortney’s opponent, Johnson, saying he believes she “doesn’t want to hold the office for her ego.”

A judge eventually found that the petitions to remove Fortney met the state statute requiring “malfeasance,” “misfeasance,” or “a violation of the oath of office” for recalling elected officials. But the group supporting the recall never got enough signatures to trigger a recall election, with organizers at the time stymied by the pandemic and ensuing lack of large gatherings like festivals and street fairs. The Washington State Supreme Court would later say that Fortney leveraged his position as sheriff to effectively nullify state law. “Fortney does not have the authority as Snohomish County sheriff to determine the constitutionality of laws,” Justice Mary Yu wrote in an opinion. “That is the role of the courts.”

Fortney has continued to court controversy as sheriff. In April of 2021, he hired a deputy accused of having ties to the Proud Boys who had been part of a crew of armed vigilantes who purported to protect downtown Snohomish from non-existent leftist agitators during rallies in the summer of 2020 after George Floyd’s murder. After local residents identified the deputy in a photo posted to the department’s Facebook page, Fortney initially defended him, writing in a December 2021 letter, “the evidence does not support any inference that you have engaged in discriminatory behavior, endorsed discriminatory behavior, or actively associated with any groups that endorse discriminatory behavior.” A month later, Fortney then changed his mind and fired the deputy, acknowledging in his termination letter that he had just recently opted to retain and not discipline him. “After further consideration, I believe I have misjudged the impacts this decision would have to public trust,” Fortney wrote. 

This past summer, Fortney held a campaign event with Mark Lamb, the far-right sheriff of Pinal County, Arizona who is now running for U.S. Senate. Like Fortney, Lamb outspokenly defied the state’s COVID health orders in 2020 and has advocated for deregulation of firearms. The Everett Herald reported that Fortney grew angry and kicked a reporter out of his office for asking whether he agreed with Lamb’s politics. 

Juan Peralez, president of the local community group UNIDOS, told Bolts that he was concerned about Fortney’s connection to far right politics and his role in growing the so-called constitutional sheriffs movement in the state. While Peralez has worked with other advocates for legislative changes to increase police accountability at the state level, he thinks that, ultimately, the sheriff’s office needs to change from within, which is why he supports Johnson. “Things are not going to change unless we have people inside the department who are going to do it,” he said. 

In her campaign to unseat Fortney, Johnson has accused the sheriff of poor policing and policy-making, including management of the county jail. Fortney lifted booking restrictions early in the pandemic and encouraged officers to make more arrests after the population dropped at his jail, which has long struggled with understaffing and deadly conditions. In May, seven people incarcerated in the jail were admitted to the hospital as suspected fentanyl overdoses; it is not clear how the drugs got into the jail. Two people died in jail custody in September 2023.

The Snohomish County Corrections Guild has endorsed Johnson for sheriff, a switch from the 2019 election when the group backed Fortney. Derek Henry, the guild’s president, told the Everett Herald that the group flipped to Fortney’s opponent this year because he’s proven to be inept as sheriff. “In the 28 years that I worked in the correction bureau, it’s the worst that I have ever experienced when it came to nepotism and favoritism,” Henry told the paper.

If Johnson wins, she would be Snohomish County’s first female sheriff and one of very few female sheriffs in the country. She hasn’t focused on that aspect, however. “The only reason I’m running is because who’s sitting in that chair right now. And he needs to not be sheriff anymore,” Johnson said. “I’m only involved because, honestly, everybody’s intimidated by this guy.”

The post Controversial Sheriff with Right-Wing Ties Faces Voters in Washington State appeared first on Bolts.

In the summer of 2019, Scott Jenkins was hunting for cash to fuel his reelection campaign for sheriff of Culpeper County, Virginia, when he texted one of his supporters asking for help. Jenkins, a Republican who hewed hard to the MAGA wing of his party after the rise of Donald Trump, said he was starting to build his “war chest” and needed donations to start rolling in soon. In a text to a supporter identified only as “Individual 1” in federal court records, the sheriff wrote, “Looks like my opponent is hooking up with Democrats to run an attack campaign soon so we’re starting to spend. Let me know if you have luck with anyone.” 

The sheriff’s fixer texted back with an update the following month, “I think I got a big fish for you.” The catch, according to court records, was a businessman who lived three counties away named Rick Rahim, whom the text warned had “a little baggage”—namely, previous criminal convictions that prevented him from legally owning firearms. Rahim, the text said, wanted Jenkins’ help to get his gun rights back and also for the sheriff to make him an “auxiliary deputy”—volunteer officers who perform many of the same duties as paid deputies, and in return receive sheriff-issued firearms, body armor, cards declaring them law enforcement officers and even a badge that says “deputy sheriff.” 

Federal prosecutors say that Jenkins helped Rahim petition to get his gun rights back and made him an auxiliary deputy in exchange for $6,000 cash and a $17,500 loan. The allegations were part of a 38-page indictment the feds filed against Jenkins this summer, charging the sheriff with accepting more than $70,000 in cash and campaign contributions since 2019 in exchange for making people auxiliary deputies and helping them access guns. In the case of Rahim, who was also charged in the case as well as two other Virginia men, prosecutors allege that Jenkins pressured a local judge to restore his right to firearms and even arranged for the businessman to lease a rural property where the sheriff held fundraisers to make it look like he resided in the county.

Jenkins, who didn’t respond to requests for an interview, is still running in the Nov. 7 election despite facing over a dozen felony counts, including bribery and mail and wire fraud. The U.S. Department of Justice seized $10,000 of his campaign funds, which was nearly all he had, according to campaign finance reports. 

Despite calling himself a Republican, Jenkins is technically running as an independent. The local Republican Committee has endorsed one of his opponents, Joseph Watson, a longtime local police officer who was a captain at the sheriff’s office before Jenkins took over; Jenkins didn’t seek the local GOP endorsement this year. Tim Chilton, Jenkins’ other opponent, is another longtime local cop who is running as an independent and has promised to equip all deputies with body cameras and implement policies that he says would modernize the office. Neither Watson or Chilton responded to requests for an interview. 

Jenkins seems undeterred despite the looming criminal case against him, which is set to go to trial in May 2024, well after the election. His lawyers started a GoFundMe page to pay for his legal expenses, with donors including Michael Flynn, the disgraced former Trump national security advisor who maintains that the sheriff has been “completely railroaded.” 

At a candidate forum put on by the Culpeper Chamber of Commerce in early October, Jenkins stressed his ties to Trump in a county that overwhelmingly voted for him in 2020, while also highlighting his involvement with hard-right sheriffs groups and anti-immigrant advocates at the national level. 

“I’m well known as a Republican member since the mid 1990s. I ran independent in my early campaigns, and last time, four years ago, I became your Republican sheriff here in Culpeper, and you know where I stand with that committee locally and what I’ve done on the national scale,” Jenkins said. “I am your Republican sheriff until December. I ran independent in the past and I’m running that way now.” 

First elected in 2011, Jenkins quickly made a name for himself as an ultra conservative politician, willing to be involved in a variety of national projects that gave the sheriff a large media platform. He wholly supported Trump’s efforts to restrict immigration. Taking a page from Trump, Jenkins’s old campaign website declares “Make Virginia Great Again” and describes the sheriff as “a recognized thought leader in the areas of Second Amendment rights, secure communities, constitutional government, and law enforcement.”

Jenkins also advanced an anti-immigrant agenda by attending multiple conferences, rallies, and lobbying events sponsored by the Federation for American Immigration Reform, which the Southern Poverty Law Center has designated as an anti-immigrant hate group. 

He hired John Guandolo, a disgraced ex-FBI agent who ran xenophobic law enforcement training sessions, to train Culpeper County deputies on “jihadi networks in America.” Even when Virginia refused to give law enforcement training credits for Guandolo’s classes, Jenkins held them anyway. Jenkins made Guandolo an auxiliary deputy despite him also not really living in Culpeper County—which was discovered when emergency responders in Texas pulled Guandolo from his mangled pickup truck after a car crash last October. Guandolo told emergency responders he was a Virginia peace officer, and inside the truck they found a pricey assault rifle that was registered to a sheriff’s office halfway across the country. 

In early 2018, Jenkins joined the Immigrations and Customs Enforcement’s 287(g) program, which allows law enforcement agencies to act as immigration agents within their jail. The Culpeper County program is currently the only one in the state of Virginia. Deputies who participate in 287(g) arrangements often question non-white residents for small infractions, like a missing driver’s license or a traffic violation, leading to an arrest and potential deportation proceedings.

While Chilton has not said whether he would move to exit the program, he has expressed concerns about its impact on immigrant communities and promised to re-evaluate it. “It’s the only one in the state of Virginia for a reason so that would lead me to believe it has no benefit,” he told the Culpeper Star-Exponent. “I don’t think local and state people should be enforcing any type of federal law.” Watson has not publicly commented on the sheriff’s involvement in the 287(g) program.

Jenkins is affiliated with many far-right sheriff groups, like Protect America Now and the Sheriffs Fellowship program at the right-wing think tank the Claremont Institute. He is also part of the “constitutional sheriffs” movement, which believes that sheriffs have supreme authority to interpret and enforce the U.S. constitution within their jurisdictions.

Jenkins has sought to bring that doctrine to life by resisting gun control. He said in 2019 that if the Virginia legislature adopted new regulations, he would deputize his entire county to circumvent it. At 2020 Lobby Day, sponsored by the Virginia Citizen Defense League’s (VCDL), a Second Amendment group whose slogan is “Defending Your Right to Defend Yourself,” Jenkins spoke in front of a crowd of 20,000 heavily-armed people. 

“As a Virginia sheriff, I know full well the authority vested in all our sheriffs,” he said during the 2020 event. “You the citizens directly elect us to office.” He called sheriffs “the final line that says no encroachment on your Second Amendment rights” and vowed to “deputize thousands of my citizens to see that they’re able to keep their lawful legal firearm.”

Ed Dunphy, political action committee chair of the Culpeper NAACP, says that Jenkins helped continue a tradition of racist politics in the county, which was one of the last in the state to desegregate its schools. In September of 2020, Jenkins posted a message to the official Culpeper Sheriff’s Office Facebook page saying Black Lives Matter activists were “not peaceful and at their heart are violent”; some local Black activists said they didn’t feel safe after his comments.

“That’s the way they run things,” Duphy said. In contrast, Dunphy said Chilton, the independent candidate, has taken a different tone in leadership at the local police department, including fostering positive relationships with local activists who marched after George Floyd’s murder in 2020. Dunphy said Chilton, the only person running for sheriff who attended a recent NAACP candidate forum, seems to embrace community policing and would be “less involved” with ICE. “[He] has realized if victims of crime don’t trust the police, it’s more difficult to solve crime,” Dunphy told Bolts.

Tracey Corder, a consultant for the Local Accountability PAC, which hasn’t endorsed any candidate in the sheriff’s race, also praised Chilton, saying he “has worked to have deep community partnerships, from his work with the NAACP, his advocacy to support families navigating drug addiction and even as a substitute teacher for the Culpeper Technical Education Center.”

Even if Jenkins loses his reelection fight, that may not itself quell the right-wing atmosphere he cultivated as sheriff. Dunphy with the local NAACP pointed to Marshall Keene, a longtime officer at the sheriff’s office who rose to captain under Jenkins, who was also a member of the local school board and chair of the Culpeper County Republican Party, which rented three buses to transport people to Washington, D.C., on January 6. While Keene has since left the sheriff’s office to run security for a neighboring school district, both of Jenkins’s brothers also work in the sheriff’s office, one of them as the county’s chief jailer.

There was no mention of the bribery and fraud charges pending against Jenkins at the chamber of commerce forum earlier this month. According to a local news reports, two dozen deputies were in the audience to support him. Jenkins had also set up a table with “Make Virginia Great Again” t-shirts.

Only Watson, this year’s Republican candidate, made even vague references to the scandals on Jenkins’ watch. He told the crowd that he felt a duty to run for sheriff after “hearing from my neighbors, family and friends about eroding confidence in law enforcement.” 

“Like you, I’m concerned about the current situation,” Watson said. “I’m concerned for our county and for our dedicated men and women in the sheriff’s office.”

The post Bribery and Fraud Charges Loom Over a MAGA Sheriff Seeking Reelection in Virginia appeared first on Bolts.

A boon for the GOP, the results will have stark consequences for state policy, easing the way for new legislation that would target LGBTQ+ residents, and empowering politicians who have championed draconian anti-crime measures and attacks on public education. They will likely set up more clashes between the conservative state government and the city of New Orleans. 

The results also signaled that election conspiracies continue to resonate with the GOP base, as several campaigns emerged triumphant after fueling false allegations of fraud during a critical juncture for the state’s voting systems. Jeff Landry, the incoming governor, tried to help Donald Trump overturn the results of the 2020 presidential election as attorney general, and he doubled down on his alliance with the former president during his campaign this year.

Bolts covered the elections in the lead-up to Oct. 14, with an eye to its ramifications for criminal justice and voting rights. Below are seven takeaways on the results. 

1. Landry’s win hands the GOP a new trifecta

Jeff Landry, the state’s arch-conservative attorney general, easily prevailed in the governor’s race on Saturday, receiving 52 percent in a 16-person field. He will replace John Bel Edwards, a Democrat who was barred from seeking reelection due to term limits. 

Landry’s victory hands Republicans full control of the state government for the first time since 2015, since his party also defended its large majorities in the state House and Senate.

The result will free conservative policy ambitions, which were held back over the last eight years by Edwards’ veto power. Even when the GOP gained a supermajority capable of overriding Edwards’ vetoes earlier this year, it remained frequently unable to do so. This summer, for instance, the GOP failed to muster the votes to override Edwards on a bill that would have prevented discussion of sexual orientation and gender identity in schools. 

Landry is sure to bring an entirely different outlook on such issues. Throughout his career, he has pushed Louisiana to restrict LGBTQ+ rights and block teaching of such issues in education, including at the collegiate level. Last year, Landry created a new tool for people to file complaints against teachers and libraries. He has also worked for the state to obtain information about Louisiana residents who travel out of state to obtain gender-affirming care or abortions.

Landry has fiercely fought local and state reforms meant to reduce the state’s near-record incarceration rate, Bolts reported in a profile of the attorney general in August. This year alone, he ran ads lambasting “woke DAs,” fought efforts by Louisianans on death row to seek clemency, and championed a measure, which ultimately did not pass, that would have opened the criminal records of children as young as 13 to the public—but only in three predominantly Black parishes. 

2. Things are about to get more complicated for New Orleans

Republican-run states commonly preempt liberal policies adopted in their cities, so just the fact that the GOP gained a trifecta in Louisiana would put New Orleans in a tough spot. But beyond that, Landry has been particularly aggressive in undercutting his state’s most populous city. As attorney general, he retaliated against New Orleans officials when they crafted policies to protect immigrants and to shield residents from anti-abortion laws, proposing to withhold flood protection funds. He has also undermined efforts to reform New Orleans police while also setting up a short-lived state task force with the authority to make arrests in the city. 

And Landry has made it clear he would double down as governor, telling Tucker Carlson last year that the governor’s office in Louisiana “has the ability to bend that city to his will,” and that “we will.”

New Orleans voters on Saturday signaled their appetite for a very different politics. Landry received less than 10 percent of the vote in the city, far behind Democrat Shawn Wilson who drew 71 percent. A former public defender with some progressive support, Leon Roché, also defeated a former prosecutor for a position as criminal court judge in the parish. And one of Louisiana’s most left-leaning lawmakers, Mandie Landry (no relationship to Jeff Landry), defeated more centrist challengers in a heated state House race for an uptown district.

On Sunday, even as she celebrated her own win, Mandie Landry said she was preparing for a “sobering” stretch for her city. “I think there is going to be more of a push from Baton Rouge to interfere in New Orleans than usual,” she told Bolts. “I am not under any delusions.”

3. This was a low-turnout election

For an election that will deeply affect Louisiana, engagement was very low: just 36 percent of registered voters turned out on Saturday.

Turnout fell sharply in the state’s two most populous urban regions, which vote very Democratic. Compared to the 2020 presidential election, the number of voters who cast a ballot fell by 60 percent in New Orleans and by 52 percent in East Baton Rouge Parish. In the rest of the state, it only fell by 49 percent. 

Mandie Landry, the New Orleans lawmaker, faults the state Democratic Party for doing little outreach to her city’s voters. Compared to the “huge efforts to get out the vote” she witnessed in 2015 and 2019, “there was none of that this time,” she told Bolts. “I didn’t see any get out the vote effort.” The state Democratic Party, which scarcely spent money in the run-up to the primary, did not respond to a request for comment. 

4. Secretary of state race heads to a runoff, but a new frontrunner emerges

Republican Secretary of State Kyle Ardoin has tried to appease election conspiracists since 2020, for instance quitting a multi-state consortium that monitors voter registration after false claims that it was tied to George Soros. With Ardoin retiring this year, the big question on Saturday was which of the many Republican candidates would advance to a runoff. 

Ardoin’s deputy Nancy Landry (no relation to Jeff Landry or Mandie Landry) barely edged out her rivals, coming in first with 19 percent. Bolts reported earlier this month that, much like her boss, Landry has resisted election deniers’ most radical proposals while also echoing unfounded suspicions of voter fraud and election irregularities. 

Mike Francis, the Republican who most firmly rejected election conspiracies, very narrowly lost out on a runoff spot, coming in third with 18 percent. Brandon Trosclair, a little-known businessman who ran as a hardline election denier and called for fully hand-counting ballots, got 6 percent.

Landry will now face Democrat Gwen Collins-Greenup, an attorney who snatched the second runoff spot. Collins-Greenup got 19 percent as well, but Landry will be the clear front-runner since all Republican candidates combined for 68 percent of the vote cast on Saturday. The state is at a crossroads on election administration since it has to soon replace its outdated voting equipment, an issue around which the far-right has mobilized.

5. In first referendum inspired by “Zuckerbucks,” voters ban private election grants 

Voters overwhelmingly approved Amendment 1, a measure that will block Louisiana’s election offices from receiving private grants from outside organizations. 

A non-profit with ties to Facebook founder Mark Zuckerberg donated hundreds of millions of dollars in 2020 to local election offices nationwide, in order to help them run elections during the early pandemic. The right quickly dubbed these grants “Zuckerbucks,” fueling conspiracies about election interference, and many GOP-run states proceeded to pass laws to ban such grants. To circumvent the Democratic governor’s veto, Republican lawmakers in Louisiana placed such a ban directly on the ballot for the first time.

Some elections experts critical of such bans share the reservations about private money flowing into elections, but they also stress that public funding is woefully inadequate, and that the bans risk further starving cash-strapped offices, threatening election security rather than protecting it. 

“Nobody’s got money to pay election officials what they’re worth (particularly in this new environment), to invest in new systems, to make improvements to back-end security,” Justin Levitt, a voting expert who now teaches at Loyola Law School, told Bolts on Sunday. “If the state actually responded by funding the elections we deserve, banning private money wouldn’t be the worst outcome. Private donations were only ever there to stop the bridge from collapsing entirely. They never should have been necessary. Yet they were.”

He added, “I think we can all hope that we’re not dealing with that kind of 10-alarm fire in 2024.”

6. In sheriff’s races, a sea of white men—again

Sixty-three parishes held sheriff elections, and only three even featured women running for the office. All lost on Saturday. 

This means that all 63 parishes have elected a man, or are sure to do so after the Nov. 18 runoffs. This dynamic is nothing new: All of these parishes already have a male sheriff. 

Nearly all incoming sheriffs will also be white. Across these 63 parishes, only three elected a Black sheriff on Saturday, with Black candidates advancing to a runoff in three additional parishes. By contrast, 57 of these 63 parishes elected a white sheriff on Saturday or will do so after the runoff. Louisiana’s population is 30 percent Black. 

This pattern is symptomatic of the societal biases regarding what law enforcement should look like, though breaking it up would not in itself change brutal conditions and treatment inside the state’s jails. And here again, New Orleans stands out from the rest of the state.

Its sheriff, Susan Hutson, is a Black woman who took office in 2022 (New Orleans holds its elections on a different cycle than all other parishes, and so Hudson was not on the ballot this fall). “As a woman and as a Black woman, I go through additional types of microaggressions in the job,” Hutson told Verite News last year. “So just having somebody else there who might be experiencing something similar with me, it’s good—it’s good to see someone like you.”

7. East Baton Rouge sheriff secures another four years 

The jail in Louisiana’s most populous parish is notorious for an alarming death rate and for the brutal treatment of people detained there. But, as Bolts reported in August, organizers and civil rights lawyers have run into Sheriff Sid Gautreaux, who has overseen the facility for 15-plus years, boosted by campaign contributions from people and groups that benefit from more jail spending. 

Gautreaux won reelection with 86 percent of the vote on Saturday. He is a Republican in a heavily blue jurisdiction but he faced no Democrat; two opponents were kicked off the ballot over the summer, though neither was expected to mount a serious challenge to the entrenched sheriff.

Reverend Alexis Anderson, co-founder of the East Baton Rouge Parish Prison Reform Coalition, a local organization that has pushed back against the sheriff’s practices, told Bolts on Sunday that she would continue to demand accountability regardless of these results. “I stand committed to working towards independent investigations of each and every death that has occurred in that facility under the Gautreaux administration,” she said. “We will continue engaging our community on the development of real public safety tools.”

Anderson added, “There are too many lives at stake to become discouraged.”

Piper French contributed reporting for this article.

The post Louisiana Takes a Hard Swing to the Right appeared first on Bolts.

Kaddarrius Marquise Cage was experiencing a severe mental health crisis when he entered the East Baton Rouge jail in late May. The 28 year old had stabbed his stepfather in the midst of an acute psychotic episode, but his mother, Kim, says that neither she nor her husband, who was badly wounded in the attack, thought that jail was the right place for Kaddarrius, who suffered from paranoid schizophrenia and bipolar disorder. They were told there was simply no other option. 

The deputy who arrested Kaddarrius “assured me that he was being put on suicide watch,” Kim told Bolts. “It was all a lie.” 

Kaddarrius’s stay at the jail, formally known as the East Baton Rouge Parish Prison (EBRPP), disrupted his normal medication schedule, which Kim suspects destabilized him even further. On the morning of May 31, guards found him hanging in his cell. “I called the jailhouse every day for 12 days begging and pleading with them saying please let me—can you have my son call me, can I speak to my son, my son’s not in his right mind,” Kim said. “If I was able to get his medicine to him, my son would be alive today.”

Between 2012 and 2016, the EBRPP had a death rate more than twice the national average, according to a Reuters analysis. Since 2012, there have been 59 fatalities in custody. Jail staff have long faced allegations of neglect and deadly lapses in medical treatment, and in 2016, the brutal treatment of people arrested and jailed for protesting the Baton Rouge police killing of Alton Sterling sparked a movement for jail reform.

The man who has overseen the jail for 15-plus years, East Baton Rouge Parish Sheriff Sid Gautreaux, has often blamed the deaths on the building, which activists, politicians, and sheriff’s department officials alike agree is antiquated and dangerous. Gautreaux, a Republican, has for years sought to replace the current jail with a new, even larger facility, but voters have shot down requests for funding to build a new one. The sheriff, who is also the parish’s chief tax collector, has faced allegations of profiting off his office, raking in significant campaign contributions from contractors during elections where he has run unopposed or lacked a significant challenger. This includes thousands of dollars in donations from a law firm that has represented Gautreaux and his co-defendants against plaintiffs whose loved ones have died in his jail. 

Despite his track record, Gautreaux seems likely to secure reelection once again this year. East Baton Rouge has reliably voted for Democratic governors and presidents over the last decade, and Mark Milligan, a Democrat who challenged the sheriff in 2019, is running again, as well as two other candidates. But none of the three challengers appear to be actively campaigning less than two months out from the October 14 election. Four years ago, Milligan received only 17 percent to Gautreaux’s 70 percent.

“Unfortunately, again, because the majority of our residents are not in tune to what’s going on at Parish Prison until it hits them personally…he continues to fly under the radar,” said Baton Rouge Metro Council member Chauna Banks, a Democrat who has previously called the jail a “money grab.” 

Gautreaux didn’t respond to multiple requests for comment for this story. 

Family members of people who died at the jail, advocates for reform, and academics who have studied deaths behind bars there blame the sheriff as well as the warden, Dennis Grimes, and negligence on the part of guards and medical staff for these deaths. But they also blame larger systemic failures that have turned jails into a backstop for people experiencing addiction, instability and mental health crises. 

A paucity of mental health services across Louisiana, as well as the jail’s use of solitary confinement and other practices that can exacerbate mental health crises, only intensify the problems at the lockup, says Reverend Alexis Anderson, the co-founder of the EBRPP Reform Coalition, which has both established a support network for people who have lost loved ones inside the jail and fought to transmit their message to a broader community that remains largely unaware of its issues. 

Anderson said a new jail, which the sheriff continues to advocate for, won’t fix the problems illustrated by a steady stream of tragedies there. In her view, rampant criminalization, from schools to traffic stops to unhoused people, has contributed to a ballooning jail population. She also pointed to the defunding and privatization of state services that ramped up under Louisiana’s former Republican Governor Bobby Jindal, which led to the closure of the charity hospital where incarcerated people in mental health crisis were once sent and paved the way for a private, for-profit company with a long history of scandals to take control of healthcare in the jail. Meanwhile, high bonds and a lack of pretrial reform have also left people who are legally innocent to languish in jail with little treatment for years on end. 

“Mass incarceration is our number one industry,” Anderson told Bolts. “Conversations about the building take away from the real work that we as a community need to do…so we aren’t continuing to use a jail as a de facto mental health facility, as a de facto addiction detox center, as a de facto cooling center for people who are struggling with domestic violence.” 

Rather than building a new jail, the EBRPP Reform Coalition seeks to install an independent monitor to oversee healthcare and conduct investigations of deaths and abuses in custody, so that people aren’t effectively forced to file a lawsuit to try to figure out what happened in their relative’s last moments. Advocates also wish to put an end to the use of solitary confinement inside the jail, and they want fundamental changes in how the country treats residents struggling with addiction, homelessness, and mental illness, with the ultimate goal of incarcerating fewer people.  

In addition to these changes, the coalition is demanding accountability for the suffering the jail has already caused—something a new building alone can never address. “A facility didn’t kill my uncle,” said Sherilyn Sabo, the niece of Paul Cleveland, who died in the jail in 2014. “Three deputies tased him while he was having a heart attack.” 

Not long after Baton Rouge police killed Alton Sterling in 2016, one of Linda Franks’ clients called her to make a salon appointment. Over the phone, she told Franks that she had been arrested during the demonstrations roiling the state capital. “She was very, very, very upset,” Franks recalled. The client told Franks that she and other protestors booked into the jail were pepper sprayed, denied access to basic hygiene products, and left in a freezing cold cell without blankets. It seemed like the guards were retaliating against them for going out to protest Sterling’s death. 

The year before the protests, Franks’ son Lamar Alexander Johnson had disappeared inside that same jail after an officer pulled him over for having tinted windows and discovered that he had an old warrant for a bad check in another parish. “Lamar was like, ‘Mom, you know, everything’s fine. I know I had a traffic ticket,’” she told Bolts. “And four days later my son was hanging in a cell.”

Franks says that Johnson had never before experienced any issues with his mental health in his 27 years. “He was always the peacekeeper,” she said. “He was just an amazing loving father and very attentive to his children.” He lingered on life support for a week, enough time for Franks and her husband to make sure his vital organs went to save a 9-year-old boy who needed them.

Johnson’s passing, in early June 2015, marked the beginning of a furious quest for Franks to understand what happened to her son and prevent others from suffering similar tragedies. She founded an organization called the Fair Fight Initiative. Along with Reverend Anderson, Franks also established the EBRPP Reform Coalition, and started talking to her friends and customers about her work — including the client who called the salon to relay her detention horror story after the Alton Sterling protests. 

Around the same time, Andrea Armstrong, a law professor at Loyola University New Orleans, began receiving a flurry of calls from students who were serving as legal observers during the protests. Their stories led to a 2017 report titled “Punished Protestors: Conditions in East Baton Rouge Parish Prison,” that detailed the abuses visited upon demonstrators during their stays in EBRPP. 

“I’ve been writing about jail and prison conditions for my entire career, but I had never necessarily focussed on a particular facility,” Armstrong told Bolts. She decided to dig deeper, especially after talking to Franks. Armstrong recalled her questions: “Was her son the only one to die this way? You know, ‘Are they telling me the truth about what happened to my son?’” 

Gautreaux, has downplayed deaths in his custody by citing the prevalence of addiction and comorbidities amongst people in his care. More than any other part of the criminal legal system, jails tend to admit people in a state of crisis—which is precisely why speedy medical and psychiatric care, addiction treatment, and regular observation are so important in that setting. But Armstrong also seeks to trouble the assumption that death is simply an inevitability, pointing to nationwide statistics that suggest that the vast majority of jails lack a fatality in any given calendar year. “Death is and should be a rare occurrence behind bars,” she told Bolts.

Diving into EBRPP’s statistics was no easy feat: there was next to no information publicly available. “When we started looking at it, nobody had a list. Nobody was tracking—not even the jail, in a publicly accessible way, at least—who was dying, and why and how,” Armgstrong told Bolts. When Armstrong got records for EBRPP from between 2012 and 2016, she found that 22 of the 25 men who had passed away during that time were legally innocent: They had died awaiting trial. “Their deaths were preventable,” she wrote in a follow-up report. Inspired by her work in EBRPP, Armgstrong would eventually go on to map deaths behind bars throughout the state. 

Despite its name, the East Baton Rouge Parish Prison is a jail, not a prison. The vast majority of its residents are pre-trial, and there’s very little in the way of programming for people incarcerated there, said Amelia Herrera, an organizer with the Baton Rouge chapter of the group Voice of the Experienced who was incarcerated there for a number of months in 2015. But at the same time, people often live there for months or years on end. “Entering jail now is like throwing the dice—you don’t know what’s going to happen,” she said. “Every call is like a 911 call.”

Anderson has been court watching at the local district courthouse for nearly five years. Almost everyone she sees is eligible for bond, suggesting they’re not considered a threat to public safety, but the amounts are set so high that very few people have a hope of posting. Sabo’s uncle’s bail, for instance, was set at $300,000. “How many of the people that you’re holding, you’re only holding there because of poverty?” Anderson asked. “I watch one on one who’s coming in that jail, and I can tell you disproportionately that so many of those people are not medically stable when they get there…We have lots and lots of people [who] go in there because we’ve criminalized mental health.” 

Until 2013, when Republican Governor Bobby Jindal began decimating the state’s charity hospital system (he ultimately shuttered or privatized 9 of 10 facilities), people incarcerated at EBRPP who needed medical care—about 35-40 patients a month—would be taken to the Earl K. Long Medical Center. When the city took over the provision of healthcare services, moving all medical care inside jail walls, things quickly went downhill. A 2016 evaluation by an outside consultant group would deem healthcare at EBRPP “episodic and inconsistent.” ​​At the time, nurses who worked there told the Baton Rouge Metro Council that they frequently lacked basic supplies such as neosporin, and that the jail’s EKG machines could not effectively determine whether someone was in the midst of a heart attack or not. “I can personally attest to them not coming out to give insulin, not checking blood pressures,” said Herrera. The year after she was there, eight people died. 

However, a for-profit carceral healthcare company called CorrectHealth was already in touch with city officials before the 2015 evaluation was even completed. Problems with medical care persisted even after 2017, when the city passed responsibility for healthcare provision off to the company, which has been dogged by lawsuits and is run by a doctor who oversees prison executions in his spare time. 

EBRPP Reform Coalition has been active in the fight to send the company packing. They won a partial victory when the metro council underwent a more transparent contract bidding process and ended up choosing a different company, Turn Key Health Clinics, to take over healthcare provision. But Anderson stressed that without an independent healthcare monitor, any progress that might have been achieved by CorrectHealth’s ouster is incomplete. “We are getting the same bad results because we are doing the exact same things,” she said. Meanwhile, Anderson has counted at least nine fatalities since the new company took over in early 2022—a bleak form of déjà vu. “The deaths keep coming,” said Herrera.

A mental health facility called the Bridge Center for Hope opened in early 2021, an event city officials heralded as transformative for the provision of mental health care in the parish. The 24/7 taxpayer-funded crisis center––the only one in the state—includes a crisis observation unit, a short-term psychiatric unit, and a detox unit, according to their website. But Anderson stressed that most people with mental health issues who cross paths with the sheriff’s department may require longer-term care. In court, she told Bolts, “many of the people who come through with behavioral health issues are not short-term care people. They’re already in our existing mental health system. And so what they need to be connected to is their existing system.”

Jail staff also continue to put people with mental health issues in solitary confinement. Johnson, Franks’ son, was in solitary for a time before his death, and Herrera spent nearly a month there when she was in jail in 2015 after struggling with her mental health in the wake of her mother and husbands’ deaths. “The jail isn’t equipped to handle anyone with a mental illness,” she said. “Instead of receiving help that I really needed, being incarcerated and thrown into a cell….” Ultimately, Herrera said she wasn’t permitted to see a psychiatrist until four months had passed.

During the pandemic, in an effort to keep the isolation that incarceration engenders at bay, the EBRPP Reform Coalition staged a monthly “caravan of justice” outside the jail. “We wanted a way for people being detained as well as people that worked there, to let them know that someone is watching,” Franks said. “I just felt like someone needed to hear a horn blow. I just, I thought, you know, if Lamar heard a horn blow that morning….I don’t know what that would have accomplished, but god put that on my heart to do.”

Despite the body count and rotating cast of healthcare providers at his jail, Gautreaux has largely stayed out of the limelight, all while raising hundreds of thousands of dollars in campaign funds, serving a term as president of the Louisiana Sheriff’s Association He has easily won every election he’s faced, even receiving endorsements from prominent local Democrats despite running as a Republican. 

Gautreaux has a powerful fundraiser and ally in Alton Ashy, a prominent lobbyist for Louisiana’s booming gambling industry who has also served as his campaign chairman and treasurer. Ahead of a December 2022 parish vote on a millage tax to fund the sheriff’s department, Ashy set up a PAC to advocate for the measure, raking in donations from casinos, bingo distributors, and a for-profit correctional services company. 

In a 2021 report, the government accountability group Common Cause singled out Gautreaux for the breadth and depth of donations he has received over his career that represented potential or outright conflicts of interest, including money from CorrectHealth. The report also pointed to a law firm, Erlingson Banks PLLC, that donated to the sheriff and handles the sheriff’s office’s public records requests. Court records show that the firm has also represented the sheriff and other jail officials in multiple lawsuits over jail conditions and in-custody deaths. Mary Erlingson, a partner at the firm who has served as Gautreaux’s general counsel, is also listed as treasurer on the millage tax PAC, which was created to advocate for funding for the sheriff’s office. 

Meanwhile, according to the Common Cause report, Gautreaux has accepted over $150,000 in contributions from construction companies since his initial campaign in 2008. One construction company owner donated $50,000 in one fell swoop to the millage tax PAC in 2022. 

Given all this, advocates are suspicious that the sheriff’s desire for a new jail is less about seeking to improve conditions than the potential for other collateral benefits. Gautreaux initially argued for a 3,500-bed facility, twice what the jail currently possesses, leading some to suspect that he intends to take advantage of a common practice in Louisiana where the state pays sheriffs a per diem to house people in the state prison system. (Under Louisiana’s only 287(g) agreement, the sheriff’s department also collaborates closely with ICE, including holding people in custody for 48 hours after a judge has said they’re free to go so that the agency has time to come pick them up).

“All the research indicated we needed a smaller jail, and we needed to operate in a more therapeutic way,” said Banks, referring to a report commissioned by the MacArthur Foundation, which recommends reducing the jail population. “I know for a fact that would not be a model that the current warden who is running the jail or Sheriff Gautreaux can actually execute.”

The gulf between the power Gautreaux has over parish residents’ lives and the amount of power that they in turn believe they have over his continued employment there frustrates Anderson enormously. “One of the things that I’m constantly in the business of doing is reminding people that you have to have skin in the game.” It’s difficult to convince people, though, when Gautreaux so resoundingly trounced his two opponents in 2019, and no one is yet running a robust campaign to defeat him with the primary just two months away. “If we don’t see a change, these may be some of the most historically low turnouts we’ve ever seen,” Anderson said. Still, “groups like ours will keep reminding people: there is a cost to not paying attention,” she said. 

For Linda Franks, a big part of the fight has been striving to make sure that the broader community understands the horrors of the jail as viscerally she and others who have lost loved ones inside do. She talks to her coworkers and clients at her salon about her work; the EBRPP Reform Coalition tries to do a press conference every time there’s a fresh death. But she recognizes that it’s an uphill battle.

Just last week, on August 10, a local news site reported that a 25-year-old man named Kiyle Maxwell killed himself in police custody while waiting to be transferred to EBR Parish Prison. 

“He didn’t even make it to the jail,” Anderson said.

Correction: A previous article misstated the city affiliation of organizers with the group Voice of the Experienced

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Brown explained that eligible voters in the jail could request and mail ballots, since confinement in jail is one the few situations that allow people to vote absentee in Texas. “Some people would have you think that we’re not allowing people to vote,” the Democratic sheriff continued. “Such is not the case. They are voting. It’s just that they’re not doing so at a polling station.” 

A few months after Brown’s video, in the November midterms, just one person voted from jail via an absentee ballot, according to county data obtained by Bolts, which is in keeping with the historical trends. Roughly 6,000 people are held inside the massive jail on the edge of downtown Dallas. The vast majority are incarcerated pretrial and many are likely eligible to vote, but few actually do. Only two people voted by mail from the jail in the 2016 presidential election. That number rose in the 2020 presidential election but remained a tiny share of the jail population, with 34 people returning a mail ballot.

Dallas activists had asked for a polling place to be installed at the jail for last year’s midterm elections, but faced pushback from some officials, including a county commissioner who called the issue “less than last on my list.” In her message posted to social media last summer, Brown questioned the feasibility of a polling place at the jail and claimed that adding one could compound short staffing at her lockup. 

But activists got their wish this past spring, when officials quietly approved a jail polling place for the May 6 municipal elections. “This is something we have actively been working on for some time,” Brown said in another post. “We are pleased to be able to expand voting for our inmates in Dallas County Jail.”

Twenty people voted in person at this new polling place on May 6. An additional ten returned an absentee ballot from the jail. While an increase from November, especially for generally low-turnout local elections, the numbers are still pale compared to the county’s immense jail population. Brown said in her announcement that her office would use the spring’s low-profile elections to iron out any logistical issues. “The municipal elections afford us the opportunity to do a trial run to fill these gaps,” she said. 

As far back as 1974, the U.S. Supreme Court has affirmed voting rights for people held in pretrial detention who, unlike people in state prisons, haven’t been convicted of a crime. But whether people in local lockups can actually exercise that right often depends on county sheriffs, who run the majority of county jails. 

Nearly all jails make incarcerated people who want to vote request an absentee ballot through the mail and then send it back, which can be tricky given tight deadlines and mail delays. This system also misses people who enter the jail after the deadline to apply for an absentee ballot. In 2020, for instance, the 6th U.S. Circuit Court of Appeals ruled that Ohio officials were not required to help eligible voters incarcerated after this deadline, even though election officials provide voting options for people hospitalized after that deadline. 

“There are a lot of issues with absentee ballots as the primary means for ballot access in custody,” Nicole Porter, senior director of advocacy for the Sentencing Project, told Bolts. “People in mailrooms don’t know how to treat ballots properly… And the jail facility itself lacks training and accountability.”

Activists have played a vital role expanding voting access behind bars by visiting local jails to register eligible voters and provide election day information. But in recent years they have also started pushing for election-day polling sites in lockups.

 In 2020, the Cook County jail in Chicago became the first jail system in the country to install a polling place for eligible voters incarcerated on election day, and voting there continues to rise, with turnout at the jail surpassing the citywide turnout in the June 2022 primaries. The Harris County jail in Houston, the largest in Texas, followed suit with an election day polling place in 2021 after a long campaign from local activists to expand ballot access to eligible voters detained there. Dallas this spring became the second jail in Texas with an election day polling place. 

Still, emails from the Texas Secretary of State’s Office obtained by Bolts under an open records request show how jail and elections staff across the state often question how and even whether to let people vote from jail, a dynamic Bolts has covered elsewhere in the country. The state discouraged at least one large urban county from setting up a jail polling place after Harris County established one; when a county attorney in Bexar County, home to San Antonio, reached out for guidance last summer, an attorney with the secretary of state’s office wrote them back saying, “a jail would not be a permissible polling location.” 

This year, Texas Republicans, ever hostile to expanding ballot access, filed a bill to prohibit polling places in a jail or any other detention facility, but it never advanced. Voting rights activists say changes to voting laws that Texas lawmakers already passed in recent years could compound the problems people face trying to vote from jail, pointing to new absentee voting rules that resulted in more than 20,000 rejected mail ballots during the 2022 midterm primary elections. 

Alex Birnel, advocacy director with MOVE Texas, a voting rights group that pushed for a polling place at the Dallas County jail, told Bolts that, in addition to working with the county sheriff, activists also had to persuade other county officials. “While sheriffs deal with the logistics, you’ve got to be in conversations,” Birnel said. “It cannot be done solo. You need the commissioners’ court and county institutions to be involved.”

Dallas’ Democratic county executive, County Judge Clay Jenkins, eventually backed the idea, and last year he started pushing other county leaders to support putting a polling place inside the jail for the November 2022 midterm elections. “Most Texans agree that voting should be safe, easy, and accessible to all, and while Dallas County has taken several steps to ensure access to the ballot box, there is, unfortunately, one group of eligible voters who have been denied their right to vote for far too long: the over 5,000 pretrial inmates at our Dallas County jail,” Jenkins wrote in an op-ed last September. “Denying thousands of Dallas County voters the opportunity to cast their ballot, as we have done for so long, is wrong, and we need to fix it.” 

A coalition of advocacy groups, including the ACLU of Texas and the Texas Civil Rights Project, kept up the pressure, writing a joint letter to the sheriff after she publicly dismissed the possibility of election-day voting at the jail. “Despite your claim that people in the Dallas County Jail already vote by mail, voting by mail on its own is insufficient to provide people in jail with the opportunity to vote,” the groups wrote in a Sept. 27, 2022 letter. 

“Because people of color are disproportionately incarcerated, denying ballot access to people in jail disproportionately disenfranchises Dallas County’s voters of color,” the groups argued, writing that failing to facilitate election day voting for eligible detainees “may give rise to liability under Section 2 of the Voting Rights Act.” The letter also pointed to the county’s continued reliance on cash bail for determining who is jailed pretrial and said, “because many pretrial detainees are incarcerated solely because they cannot afford to pay bail, there is effectively a poll tax—wherein they must pay bail to vote.” 

While they resisted the idea before the midterms, Brown and other county officials ultimately agreed to election day voting at the jail by the time they were determining polling locations ahead of this year’s municipal elections. When asked if the jail will continue to host a polling place in future elections, the sheriff’s office told Bolts, “Yes, the plan is to continue having a polling location at the Dallas County Jail for inmates and one outside for the public as we did in May.”

As Dallas shifts on the issue, and while Republican lawmakers in Texas continue to create barriers to voting, Porter urged other local officials to prioritize expanding ballot access where they can. “Democracy should be a priority for everybody and access to the ballot should be a priority for anyone who has influence and concern for liberty,” Porter said. “It should be a priority for sheriffs and county officials to guarantee ballot access for people to be eligible to vote during custody. They are humans and eligible.”

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In 2018, fierce organizing by immigrants’ rights groups led to a sea change in North Carolina: sheriff candidates who promised to stop collaborating with the U.S. Immigration and Customs Enforcement won in five of the state’s most populous counties. All were Black Democrats. Soon, the new sheriffs in Mecklenburg (Charlotte) and Wake (Raleigh) counties severed their contracts with ICE, and those in Durham, Forsyth (Winston-Salem) and Buncombe (Asheville) counties announced they would no longer detain immigrants for ICE without a judicial warrant, sparking immediate releases. 

“It was very euphoric,” recalled Stefanía Arteaga, co-executive director of the Carolina Migrant Network, which was closely involved in the organizing efforts. She recalls the relief felt by some of her friends, “not having to be so fearful that a simple traffic stop could lead to a deportation.”

ICE responded with heavy retaliation. It conducted raids across North Carolina, sweeping up over 200 people in just a few days. It was “a time of total panic,” recalls Nikki Marín Baena, co-director of the immigrants’ rights group Siembra NC. 

The agency also built a PR campaign to turn voters against Mecklenburg Sheriff Garry McFadden, posting billboards around Charlotte with the mugshots of immigrants who had been released on bond after the sheriff’s department rejected ICE’s requests to keep jailing them. (McFadden secured re-election anyway last year.) And it beefed up its presence elsewhere in the state, recruiting a dozen rural counties into a new form of partnership that authorizes sheriff’s deputies to identify undocumented immigrants and detain them for the agency.

Now ICE is closing in on another long-held goal: a state law that would force sheriffs to do the agency’s bidding anywhere in North Carolina.

Thanks to their new supermajorities, Republicans likely have the votes to push through legislation that would preempt the new sheriffs’ policies. Prior iterations of this bill, which ICE helped craft, were vetoed by Democratic Governor Roy Cooper, but the GOP recently gained the ability to override his vetoes and quickly pushed through long-stalled priorities like abortion restrictions. Immigrants rights’ advocates tell Bolts they are bracing for ICE’s bill to be next. 

House Bill 10, titled “Require Sheriffs to Cooperate with ICE,” would force sheriffs to proactively contact ICE to check the status of anyone booked into their jail for a felony or class A1 misdemeanor. 

The bill would also mandate that sheriffs honor so-called immigration detainers—-administrative requests by ICE to keep someone in jail beyond their scheduled release, without a warrant, in order to give federal agents time to pick them up. 

One of its chief sponsors, Republican Representative Destin Hall, says the bill is meant to target “woke sheriffs.” He promised in a video that it would “put a stop” to their “sanctuary” approach. 

Up until now, sheriffs have enjoyed the discretion to disregard detention requests from ICE. After 2018, the newly elected sheriffs said that jailing someone under these circumstances violates their constitutional rights, since detainers are not backed by a judicial warrant. 

“We have a person fax over a document not viewed, not authorized, not verified by a judicial official, a judge, or federal magistrate,” McFadden told Bolts to explain why he stopped honoring detainers.

Elsewhere, some federal courts have ruled that ICE detainers violate the Fourth Amendment’s prohibition against unreasonable seizures. Colorado, California, and Illinois have outlawed them altogether. Still, McFadden and others may soon face a mandate to jail people based on them.

Passage of HB 10 could significantly alter the landscape of immigration detention in North Carolina given the volume of detainer requests ICE has historically made there. According to an immigration database managed by Syracuse University, the agency sent over 64,000 detainers to North Carolina jails between 2005 and 2021. 

“These detentions have huge negative consequences,” said Marín Baena. “All of a sudden a family is left in crisis. Oftentimes there are kids that get left behind—people are just scrambling to try to figure out how to pay rent for the next few months. It has a huge economic impact and it has a huge psychological impact on the people in our communities.” 

Because of the 2008 federal data-sharing program called “Secure Communities,” which automatically sends fingerprints of anyone booked into a jail through a federal database, ICE maintains a virtual presence in jails across the country regardless of their sheriffs’ approach to  immigration. But when sheriffs actively cooperate with ICE, it can increase the agency’s reach exponentially. 

Sheriffs represent a critical link for ICE because they oversee jails, which gives them a captive population to mine on ICE’s behalf. And zealous local officials like Rockingham County Sheriff Sam Page, who was the first in the state to sign on to the new partnership with ICE in 2020 and recently launched a statewide campaign for lieutenant governor, have gone out of their way to further fuse civil immigration law and the criminal legal system.

Proponents of HB 10 like Page defend this entanglement with rhetoric that conflates immigration and crime and casts immigration enforcement as a matter of public safety.

“I feel that assisting I.C.E by serving I.C.E federal arrest warrants and subsequently transferring criminal illegal aliens directly into their custody will make our communities safer,” Page said in 2020.  At a recent hearing for HB 10, he testified, “I truly believe the best way to make our communities safer is to remove any criminal elements.” Page has joined forces with other far-right sheriffs crowdfund donations to build a wall alongside the U.S. border and protest President Biden’s immigration policies. These efforts are often affiliated with the Federation for American Immigration Reform, a national organization that is labeled a hate group by the Southern Poverty Law Center; Page has traveled with FAIR and spoken at their events. 

Page, now the face of support for HB 10 among North Carolina sheriffs, declined an interview request, and did not respond to subsequent requests for comment for this story. 

Immigrants’ rights organizers warn that stepping up local collaboration with ICE will instill fear in North Carolina’s immigrant communities. “I’ve actually had clients who have told me that they didn’t go to the hospital when they had their first child because they were really worried,” said Adriel Orozco, an immigration attorney formerly with the North Carolina Justice Center who’s currently assisting the groups against HB 10.

Immigrants who land in local jails are typically still legally innocent and only held pretrial, often for minor reasons. North Carolina, for instance, does not allow undocumented people to apply for driver’s license, so someone could face a series of cascading ramifications—arrest, warrantless detention, transfer to a detention center in Georgia, since North Carolina has none of its own, and threat of removal—all for the alleged infraction of driving without a license. 

“The way that the bill is written puts anyone that’s charged at risk of being held for ICE,” said Arteaga. That includes not only people accused of serious crimes, whom HB 10’s supporters tend to focus on when discussing the bill, but also those who have been booked on minor infractions —and even people who may have been stopped for pretextual reasons because of the language they speak or the color of their skin.

“Racial profiling is utilized to intentionally place people into removal proceedings—because sometimes law enforcement knows that all it takes is an arrest,” Arteaga said. In Alamance County, for instance, the U.S Department of Justice  found racial profiling so extreme that the federal government stepped in to end a contract the county had with ICE in 2012; sheriff’s deputies, according to a federal civil rights investigation, were between 4 and 10 times more likely to stop Latinx drivers for traffic violations than white drivers. The county entered a new agreement with ICE during the Trump administration.

This year, 11 sheriffs wrote a public letter opposing HB 10 and denouncing immigration detainers, echoing the point that requiring local law enforcement to collaborate with ICE would make communities less safe, not more. “Multiple studies show that mandatory immigration enforcement makes people less likely to trust government authorities without improving public safety,” the group wrote. 

One of the sheriffs who signed the letter, Wake County’s Willie Rowe, is new to the office. He ousted a first-term Democratic incumbent last year in a primary before beating Republican Donnie Harrison, the longtime former sheriff who had forged a close relationship with ICE and whose possible return had alarmed local immigrants’ rights advocates.

McFadden also signed the letter. “Imagine people are being victimized in our city, our community, and [are] afraid to report it to law enforcement with the fear of ICE and deportation,” he told Bolts about his decision to no longer honor detainers. “For me, it was a very easy decision.”

The letter also warns of the “constitutional violations” and “Fourth Amendment concerns” that warrantless detention raises.

The group of 11 sheriffs represents over 40 percent of the state’s population. But the state’s influential sheriff association has not spoken up against HB 10. 

The association opposed an earlier iteration of the legislation in 2019, then switched to supporting it once lawmakers removed a provision allowing civilians to file a civil suit against sheriffs who don’t cooperate with ICE. The association said it had no formal position on the proposal’s 2022 iteration, though its sponsors claimed the association supported it. 

The association, which did not respond to requests for comment, has taken no position this year, and many sheriffs are staying quiet on HB 10.

Ten of the 11 sheriffs who signed the letter against HB 10 are Black, which stems largely from the turnover in the 2018 elections. “I think there’s a serious tension [within] the sheriffs’ association around this perceived loss of power by white sheriffs,” Arteaga says. 

For Felicia Arriaga, a professor at Baruch College’s Marxe School of Public and International Affairs and the author of the new book Behind Crimmigration, which chronicles the recent history of local collaboration with ICE in North Carolina, this helps explain why more sheriffs in North Carolina haven’t rallied to the defense of those who are being targeted by ICE.

“If there were white sheriffs who were eager and open about not honoring detainers—because there are a handful of white sheriffs who do not honor detainers, at least in conversation with community members, that’s what they say—I think the conversation would be very different,” she told Bolts. 

McFadden, who is Black, echoes the point. “When the eight African American sheriffs took over the largest counties in North Carolina, it became a threat to the good ol’ boy system,” he told Bolts. 

The governor of North Carolina vetoed the bill’s prior incarnations when they came across his desk in 2019 and 2022, and Republicans lacked the votes to force it through. But the landscape is different this year. The GOP gained seats in both chambers in November, clinching a veto-proof majority in the Senate. They then secured a veto-proof majority in the House this spring thanks to Democrat Tricia Cotham’s defection to the Republican caucus.

HB 10 passed the House in March by a veto-proof majority. Every Republican lawmaker who voted supported it, as did three Democrats: Cotham, Michael Ray, and Cecil Brockman. 

It has since lingered in a Senate committee as Republicans prioritize these other issues and marking up the budget, but advocates tell Bolts they expect it to move forward.

“The votes are not in our favor. At all,” said Arteaga. 

In anticipation of the bill’s passage, the Carolina Migrant Network is switching course to consider litigation against it. The group is also reviving its immigration bond network in order to connect detained immigrants with lawyers and get them released on bond so that people aren’t sent to ICE detention centers out of state. 

They are also searching for ways to reduce arrests so that fewer people are booked in jail in the first place. This would interrupt the jail-to-deportation pipeline at an earlier stage in the process, Arteaga said. That could mean focusing attention away from sheriffs, whose hands would be more tightly bound by HB 10, and onto police chiefs and mayors who can choose to respond to infractions by issuing tickets rather than booking people into jail. 

Orozco noted that Democratic municipalities around the state could respond to HB10 by implementing local laws protecting immigrant communities. “Durham actually has a program to fund legal services for immigrants and an immigration court … so that’s a service other larger more populated counties could do,” he told Bolts. 

But, he added, there are already state laws on the books limiting what localities can do, such as the 2006 law cracking down on the issuance of drivers’ licenses to undocumented people. And if HB10, which its sponsor has referred to as a “test case,” becomes law, there’s no telling what other protections the legislature might seek to curtail. 

“One of the biggest fears,” Orozco said, “is that anytime there is a really great progressive or more inclusive policy for the immigrant community—that the legislature is just going to come back and figure out a way to restrict the ability for counties and cities to do that.”

To Marín Baena, HB 10 is just one piece in state Republicans’ larger agenda to transform North Carolina into a place that excludes entire groups of people from living safely and freely. 

“There’s a pattern here,” she said, pointing to other legislation like the recent 12-week abortion ban. “Who gets to call this state home and feel like they live here and don’t have to be afraid of hiding who they are?” 

The post North Carolina GOP Is Cracking Down on the Black Sheriffs Who Stood Up to ICE appeared first on Bolts.

Ryan says he was there to monitor the police behavior toward protesters, standing removed from the gathering. “I said, ‘Okay, I’ll go watch,’ because police have a tendency to overreach to these little things,” he recounts. “I don’t think I should have been arrested. But I was.” The police initially accused him of resisting arrest but they later admitted that this characterization was incorrect and apologized; still, they maintained trespassing charges.

A few weeks later, Ryan announced his candidacy for Broome County district attorney. He says he’d bring into the office a more skeptical perspective toward the criminal legal system, born of his experience as a defense attorney and public defender. “We all know that they police certain communities and treat certain communities differently,” he told Bolts. “If you’re not in a position of power to change it, then it’s not going to change.” 

He added, “The only one who is a gatekeeper to make sure that horrible jobs aren’t done is the district attorney because he or she has the ultimate discretion on whether to prosecute and how to prosecute, and what justice to extract from each individual situation.”

Broome County’s DA race is among dozens this year that will decide who leads local prosecution and law enforcement in New York. Fifteen counties are electing their sheriffs and 24 their DA, and the filing deadline for candidates to run for a party’s nomination passed last month. 

Most counties drew just one candidate who’ll be facing no competition. They include conservative sheriffs who have resisted gun control, the high-profile DAs of Rochester and Staten Island, and a sheriff who defied calls to resign for sharing a racist social media post—and is now poised to stay in office for four more years. 

Still, a few flashpoints have emerged. Candidates are taking contrasting approaches on bail in Broome, discovery reform in the Bronx, and policing in Queens. Rensselaer County (Troy) faces another reckoning with its unusual decision to partner with federal immigration authorities.

Bolts has compiled a full list of candidates running in the June 27 primaries, which will decide the nominees of the four political parties that have ballot lines in New York State: the Democratic, Republican, Working Families, and Conservative parties. Candidates can still petition until late May to appear on the Nov. 7 ballot as an independent.

These elections are unfolding against the backdrop of reforms the state adopted in 2019 to detain fewer people pretrial and offer defendants more access to the evidence against them. Democrats earlier this month agreed to roll back those reforms after years of pressure by many DAs and sheriffs. Their new package, championed by Governor Kathy Hochul, gives judges’ more authority to impose bail, amid other provisions that will likely increase pretrial detention. Hochul also backed a push by New York City DAs to loosen discovery rules requiring that prosecutors quickly share evidence with the defense, but the final legislation did not touch those.

Tess Cohen, a defense attorney and former prosecutor who is running for DA in the Bronx, is one of a few candidates this year who is voicing support for the original pretrial reforms and distaste for the rollbacks. Cohen is running in the Democratic primary against Bronx DA Darcel Clark, who was reported by City & State to be the chief instigator in lobbying state politicians to  loosen discovery rules. (Clark and other city DAs flipped on their push in the final days.) Cohen faults state politicians for making policy based on the media blowing up specific instances of crime.

“The problem with people like the governor bowing down to press coverage that is sensationalist and fear-mongering, and almost always inaccurate, is that we actually make our communities less safe when we do that,” Cohen told Bolts. “We have very good data that shows that holding people at Rikers Island on bail or low level crimes does not make us safer.” 

A study released in March by the John Jay College found that people who were released due to the bail reform were less likely to be rearrested. 

Eli Northrup, a staunch proponent of the original reforms as policy director at the Bronx Defenders, hopes that the upcoming elections usher in more local officials who are “looking to change the system, shrink the system, work toward having fewer people incarcerated, rather than using it as a tool for coercing pleas.”  But he is also circumspect after the new rollbacks. Even if a reformer were to win an office, he says, they’d likely have to contend with police unions, mayors, and other entrenched powers looking to block reforms. “What we should be doing is spending less money on policing and prosecution and investing that very money into the communities that are harmed the most by violence,” he says.

To kick off Bolts’ coverage of New York’s criminal justice elections this year, here are five storylines that jump out since the filing deadline has passed.

1. Challenges from opposite directions for two New York City DAs 

Queens four years ago saw a tense Democratic primary for DA between Tiffany Cabán, a public defender who ran as a decarceral candidate, and Queens Borough President Melinda Katz, who prevailed by just 60 votes. Four years later, Katz faces a primary challenge from her right from George Grasso, a retired judge and former NYPD official, who is calling for harsher policing and thinks the city is waging a “war on cops.” Grasso is running with the support of Bill Bratton, the former NYPD commissioner and a frequent critic of policing reforms. 

Public defender Devian Daniels is running as well, saying she wants to fight mass incarceration from the Queens DA’s office after “years of witnessing abuses on the front lines as defense counsel.” The Democratic primary typically amounts to victory in this blue stronghold. 

In the Bronx, Darcel Clark’s sole primary challenger, Tess Cohen, says wants to take the DA’s office in a more progressive direction. She says that Clark’s lobbying to loosen the state’s discovery rules is emblematic of how prosecutors can coerce defendants into guilty pleas. “If you’re held in Rikers, and you can only get out if you plead guilty, and you can’t make that argument that you’re actually innocent because you don’t have the evidence, then you end up pleading guilty just to get out of Rikers,” she told Bolts. 

Cohen explained that she would also change how the office decides whether to recommend for pretrial detainment. “If we are in a space where our recommendation for sentence or our plea offer means the person is immediately going to be released from jail, they should be released anyways,” she said. “You should not be holding someone in jail that you plan to release the minute they plead guilty.” 

Clark did not reply to a request for comment.

2. North of New York City, the policy contrasts on pretrial reform are muted

Broome County, on the border with Pennsylvania, had the highest rate of people detained in jail as of 2020, the year the reforms were first implemented, according to data compiled by the Vera Institute for Justice. Ryan, the Democratic lawyer running for DA, told Bolts he supports the reforms, crediting them for helping slightly reduce the local jail population. 

But his two Republican opponents in this swing county disagree. Incumbent Michael Korchak has pushed for their repeal for years, while his primary rival Paul Battisti, a defense attorney, says the reforms were “extreme.” Neither Battisti nor Korchak replied to requests for comment. Their rhetoric is in line with the position of many, but not all, upstate DAs who have lobbied to roll back the pretrial reforms ever since they passed in 2019. 

But candidates have tended to converge on pretrial policy in the other DA races north of New York City. There are three such counties besides Broome with more than 100,000 residents. 

In Ulster County, Democrat Manny Nneji, who is currently the chief assistant prosecutor, faces Michael Kavanagh, who used to have the same job and now works as a defense attorney, and is running as a Republican. In interviews with Hudson Valley One earlier this year, both candidates largely agreed that the 2019 bail reform should be made more restrictive, and jostled about who is tougher on crime.

In Onondaga County, home to Syracuse, Incumbent William Fitzpatrick is running for re-election as a Republican against Chuck Keller, who filed to run for the Democratic nomination but also that of the Conservative Party, an established party in the state. (New York law allows candidates to run for multiple nominations at once.) The Syracuse Post-Standard reports that the local Conservative Party in March chose to endorse Keller over Kitzpatrick after Keller shared with them that he supports bail reform roll backs in line with what lawmakers ended up passing in early May. (Christine Varga is also running in the Conservative Party primary.)

In Dutchess County, Republican William Grady is retiring this year after 40 years as DA, a tenure during which he strongly fought statewide reform proposals. Democrat Anthony Parisi and Republican Matthew Weishaupt, who have both worked as prosecutors under Grady, are running to replace him; after he entered the race, Parisi faced a threat of retribution from Grady, for which the DA later apologized. Weishaupt has said he thinks the discovery reforms are “dangerous” in how they help defendants. Parisi did not reply to questions on his views on the reforms.

Six smaller counties—Columbia, Delaware, Hamilton, Lewis, Seneca, and Sullivan, with populations ranging from 5,000 to 80,000 residents—also host contested DA races this year. 

3. Half of this year’s DA elections are uncontested

A single candidate is running unopposed in 12 of New York’s DA races. Ten of them are already in office, but two are newcomers: Todd Carville ​​in Oneida County and Anthony DiMartino in Oswego County. Both are Republicans and currently work as assistant prosecutors.

Michael McMahon, Staten Island’s DA, is running unopposed for the second consecutive cycle: He is a Democrat in a red-leaning county, but the GOP did not put up a candidate against him. He has been very critical of the criminal justice reforms adopted by his party’s lawmakers, and has pushed for their rollback. Another prominent critic of the pretrial reforms, Monroe County (Rochester) DA Sandra Doorley, is also running unopposed. Doorley, a Republican who was the president of the state’s DA association back when the reforms were first implemented in 2020, faced a heated challenge four years ago but is now on a golden path toward a fourth term.

4. Will ICE’s 287(g) program retain a foothold in New York?

Rensselaer County, home to Troy, is the only county in New York State that participates in ICE’s 287(g) program, which deputizes local law enforcement to act like federal immigration agents in county jails—and one of the only blue-leaning counties in the nation with such an agreement. Immigrants’ rights activists from Cape Cod to suburban Atlanta have targeted 287(g) by getting involved in sheriff’s elections in recent years, tipping these offices toward candidates who pledged to terminate their offices’ partnerships with ICE.

Patrick Russo, the Republican sheriff who joined 287(g), is retiring this year. The race to replace him will decide whether ICE’s program retains its sole foothold in New York.

But will anyone even make the case for breaking ties with ICE? The two Republicans who are running for Russo’s office, Kyle Bourgault and Jason Stocklas, each told Bolts that they would maintain their county in the program with no hesitation. 

The only Democratic candidate, Brian Owens, did not return repeated requests for comment. He said at a press conference last month that he had no position on the matter. “I’d want to educate myself a little more before I’d make any decision on that,” he said. Owens is a former police chief of Troy, a city that during his tenure saw local activism pressuring officials to not collaborate with ICE, so these are not new questions. Still, Russo coasted to re-election unopposed four years ago, and it remains to be seen whether the 2023 cycle gives immigrants’ rights activists any more of an opening. 

5. Most incumbent sheriffs are virtually certain of securing new terms

Albany Sheriff Craig Apple drew national attention in 2021 for filing a criminal complaint against then-Governor Andrew Cuomo for groping, but he also attracted criticism for fumbling the case. The New York Times reported at the time that Apple seemed to be made of Teflon, having rebounded from past controversies with multiple re-election bids where he faced no opponent. History repeated itself again—he drew no challenger this year. 

But judging by the lay of the land throughout the state, this says less about Apple than it does about a broader dearth of engagement in New York’s local elections: Overall, 80 percent of the state’s sheriff races are uncontested this year. 

This includes the sheriffs of Fulton and Greene County, who have fiercely opposed a new gun law banning concealed weapons in a long list of public spaces, alongside many peers who are not up for election this year. Fulton’s Richard Giardino took to Fox News to signal he’d only loosely enforce it. 

And it includes Rockland County Sheriff Louie Falco, who faced calls for his resignation in 2020 after he shared a link from a white supremacist website about Black people on Facebook. Three years later, he won’t even face any opponent as he coasts to a fourth term.

The post Tensions High on Bail and Policing as New Yorkers Elect DAs and Sheriffs appeared first on Bolts.