NC lawmakers seek more ‘accountability’ for protestors facing charges

RALEIGH, N.C. (WNCN) — As state lawmakers continue to consider a proposed state budget, they will also consider items not related to money. Inside the proposed $31 billion budget, is a section concerning how protestors facing civil disorder charges move through the justice system.

A subsection of the proposed House budget requires prosecutors to formally explain themselves when a civil disorder case is dismissed or reduced. According to the bill, prosecutors would need to report their reasoning with detailed facts in open court and in writing.

That report would need to include a list of all prior convictions, a statement that a state database was checked for any pending charges against the person, elements the district attorney believes in good faith can be proved, elements the district attorney cannot prove and why.

When reporting why a charge was dismissed or reduced, the bill states general explanations like “interests of justice” or “insufficient evidence” would not be permitted.

According to the provision, that report will then be sent to the law enforcement agency that initially charged the officer.

The proposed provision doesn’t discern between lower level misdemeanors and felonies.

“I think it is the first time that we have seen, beyond driving while impaired cases, where the legislature is weighing in to kind of the exercise of our discretion,” Wake County District Attorney Lorrin Freeman told CBS 17.

Freeman believes this law could cut into her office’s discretion in these cases along with how they prioritize resources.

“I think it projects a message, at least from that side of the street that, they expect that these offenses will be prosecuted to the fullest extent,” said Freeman.

In Wake County, Freeman says nonviolent protestors who are first time offenders are often offered community service. Cases involving property damage or injuries are treated more harshly. She says district attorneys do their best to balance people’s constitutional rights, to be engaged in protests to keep the community safe.

“We don’t pick and choose or have different standards based on your political philosophy or what the issue is, we’re trying to be consistent in how we’re handling these cases,” Freeman said.

Republican Representative Carson Smith, who represents Onslow and Pender Counties noted this portion of the budget was about accountability.

“To make sure, in these situations, at least the public will know what’s happening. The D.A. will have the discretion but the public will know what’s happening with these folks,” Rep. Smith said.

Freeman says this type of legislative action is a growing trend.

“You see in a number of different states where legislative bodies have come in and started to try to impact prosecutorial discretion,” she said.

That discretion, she believes, should stay with who the voters have given it to.

“That is the prosecutors,” Freeman said.

The bill is unlikely to gain enough support from the Senate. House Republicans rolled out their proposed budget after being unable to reach a deal with the Senate.