Martin Austermuhle
D.C. Mayor Muriel Bowser said on Tuesday that she will veto an overhaul of the city’s century-old criminal code approved by the D.C. Council last November, arguing that the sweeping bill “sends the wrong message” amid an increase of violent crime involving youth.
“None of us can be satisfied with young people using weapons and killing each other. Any time there is a policy the reduces penalties, I think it sends the wrong message,” said Bowser at the first press conference of her third term in office, referring to provisions in the 450-page bill that redefine and clarify criminal offenses and adjust penalties accordingly.
Bowser also raised concerns about a separate provision that restores the right of a jury trial for people charged with misdemeanors, which was curtailed in the mid-1990s amid a staffing and budget shortage at D.C. Superior Court. She said she worries that the city’s court system would not be able to handle the increase in jury trials.
“We’re also very concerned that the courts will [not] have the resources to keep up with the law,” said Bowser.
The mayor’s comments come only days after the city closed out 2022, when overall homicides declined by 10% from the year prior but killings of youth doubled to 18. They also largely mirror concerns she raised as the bill was making its way through the council, though critics noted that representatives from her administration were largely absent during the years-long process to research and rewrite large swaths of the criminal code.
Proponents of the overhaul — which took 16 years to complete — say that better-defined criminal offenses and proportionate penalties will better serve justice, and that in most cases penalties for the worst offenses were not being decreased. Additionally, they noted that harsh penalties have not been shown to have a deterrent effect, and that the overhaul doesn’t take effect until Oct. 2025 — meaning that anyone committing a crime now will face existing penalties.
On the expansion of the right to a jury trial, proponents of the overhaul say it is being phased in slowly from 2025 to 2030 to allow the court system to staff up and adjust accordingly. But they do concede that one challenge outside of D.C.’s control is the reality that judges at Superior Court and the D.C. Court of Appeals are nominated by the president and confirmed by the U.S. Senate, a slow process that regularly leaves the court system vacing multiple judicial vacancies. (In December the Senate confirmed seven D.C. judges, following loud complaints from city and court officials.)
Bowser’s veto will likely only carry symbolic weight, as the overhaul of the criminal code passed the council unanimously. Lawmakers will have until early February to override her veto, after which the bill will be sent to Congress for a 60-day review period. In a statement, Councilmember Charles Allen (D-Ward 6), who shepherded the bill through the legislative process, defended the overhaul and pledged to override Bowser’s veto.
“The Revised Criminal Code Act is the product of a 16-year-long effort with hard-fought compromise and consensus among the key agencies who administer our criminal justice system,” said Allen. “You couldn’t ask for a more thorough process to craft a bill that modernizes and overhauls what is consistently ranked as one of the worst criminal codes in the United States. A veto sends a message to keep the status quo — one that has clearly shown it doesn’t keep us safe — and it is not the right decision for the moment we face.”
“District residents trust their leaders to be engaged, work together, and make responsible decisions. After lengthy discussions, serious compromises, and two unanimous votes by the council to pass this legislation, residents can trust the council will do the right thing and override a veto to put the modernized law in place,” he added.
In a tweet, new D.C. Attorney General Brian Schwalb sided with the overhaul. “This bill will improve public safety and provide long overdue clarity and fairness in our justice system. [The Revised Criminal Code Act] should be the law of the District,” he said.
Also on Tuesday, Bowser announced her nomination of Lindsey Appiah to serve as her deputy mayor for public safety and justice, replacing Chris Geldart, who resigned last year after he was charged with assault (the charges were later dropped) and faced questions on whether he lived in D.C. Appiah is currently the chief of staff in that office, and also served in leadership roles in the D.C. Department of Youth Rehabilitation Services.
Echoing statements made in her inaugural speech Monday, Bowser said that addressing youth violence and crime was one of “our top priorities.”
“I am very concerned with our system of consequences for young people, and we have to make sure that all of the systems of our government are working to make sure we get to the young people before they commit serious crimes but if they do we have a system of consequences for them,” she said at the press conference. “We have a system of rehabilitation for youth in the District. And we don’t want to think of consequences as punishment, but as a lifeline. A 13-year-old shooting someone with a gun needs help immediately. And we may have to require it … for that teenager and his family.”
In her own comments, Appiah said she would look to scale up crime prevention programs that work and scale down those that don’t. “We have a host of resources in the District,” she said. “We could use some coordination … and collaboration.”
Previously:
The D.C. Council Is Set To Overhaul The Entire Criminal Code. Here’s Everything You Need To Know
