The Loudoun County, Virginia, commonwealth’s attorney informed judges she won’t be assigning prosecutors to every low-level crime.
The new policy impacts crimes in general district court, where less serious offenses are heard and resolved.
Commonwealth’s Attorney Buta Biberaj says it’s not a good use of resources to have her prosecutors try to handle every one of the almost 30,000 cases in that lower court.
“We will be involved in the prosecutions of those cases that warrant it, but for transparency’s case, we are not going to be able to say to you that we’re handling 30,000 cases,” she said.
She notified judges of the decision in late December.
The policy means a law enforcement officer – not a prosecutor – would present information to a judge in many traffic infractions, trespassing, drunk in public, petty larceny and reckless driving under 90 mph. Most of those rarely result in jail time.
Prosecutors will refocus on violent crime, juvenile offenses and domestic violence.
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“When I’m out in the community, I talk to our community members,” Biberaj said. “You know what they say? Those are the cases that they want to make sure are prosecuted to the fullest.”
The policy puts a greater burden on arresting officers and deputies.
“While we are disappointed in this action by the Office of the Commonwealth’s Attorney, we are doing everything in our power to support our deputies through this transition,” Sheriff Mike Chapman said in a statement.
“Prosecutors cannot cherry pick laws to enforce and laws to ignore – that's not how our government works, and it establishes a dangerous precedent,” said Attorney General Jason Miyares on social media.
Former public defender Elizabeth Lancaster is challenging Biberaj for the Democratic nomination for commonwealth’s attorney. She warned this policy works against Biberaj’s promise to deliver criminal justice reform, arguing crimes like larceny and trespass often hit the most vulnerable, who need a prosecutor in court as an advocate.
“When you remove the prosecutor from that, you’re denying – both for the person who is accused as well as for the person who may have been victimized – their voice in what they think is an appropriate outcome, because the only person, really, who can mediate that is the prosecutor,” she said.
Lancaster says if she’s elected, she’ll make sure prosecutors oversee every case.
She predicts the new policy will be a key issue in the upcoming campaign for commonwealth’s attorney. She said several Democratic supervisors who are upset with Biberaj plan to publicly endorse Lancaster next week.
Biberaj’s policy is similar to a policy Fairfax County Commonwealth’s Attorney Steve Descano put in place a few years ago. Both of them were elected as criminal justice reformers.
