Cops and judges don't always agree, but they tend to air their disagreements in private. That's why recent public criticism of Pierce County Superior Court by the county Sheriff's Department is an eyebrow-raiser.
In social media posts, Sheriff Ed Troyer's office has criticized decisions by a court commissioner who set release conditions for suspects charged with felonies after violent encounters with law enforcement.
The blunt Facebook posts suggest the conditions were too lenient.
"WOMAN WHO STOLE CAR TO ESCAPE ARREST, ASSAULTED DEPUTIES IS RELEASED WITHOUT BAIL," a headline on the sheriff's popular Facebook page shouted on Aug. 30.
The 27-year-old woman had reportedly stolen a car at gunpoint on Aug. 11 and fled from sheriff's deputies who tried to catch her.
On Aug. 28, deputies spotted her again. Again, she fled. Deputies chased her to a business in the 14400 block of Canyon Road East. She started walking away, then jumped into another car and fled again, striking deputies in the process, according to charging papers.
She was arrested and charged with two counts of second-degree assault, along with other offenses. County prosecutors requested bail of $75,000. Instead, Superior Court Commissioner Barbara McInvaille released the woman on her own recognizance, ordering her to return to court on Aug. 31.
The woman didn't show, according to court records. The next day, McInvaille signed a warrant for the woman's arrest.
"It's frustrating. They're released the next day," said Troyer. "People are getting out of jail before my deputies are released from the hospital."
Crossing a line
The incident, coupled with another recent case involving a fleeing repeat offender who rammed several law enforcement vehicles during a chaotic encounter at a Tacoma convenience store, prompted the Sheriff's Department to cross a line and criticize court decisions on social media.
Troyer said he approved the Facebook posts, but did not write them.
"Yes, they run those by me before they get posted," he said. "If I wrote them, they'd be worse. Are they a shot across the bow? Absolutely."
The clash between branches of the local criminal justice system reveals tension between efforts to seek alternatives to incarceration for lower-level offenders and rising concerns about public safety and accountability. It also reveals a dilemma: In some ways, speaking out is easier for cops, who don't face the same ethical constraints as judicial officers.
McInvaille, the court commissioner, declined a request for comment.
Court commissioners aren't judges. They work for judges. They're appointed by judges to assist with decisions such as arraignments and preliminary appearances where conditions of release are ordered. Pierce County employs 10 court commissioners. They answer to the presiding judge of the Superior Court.
That judge, Timothy Ashcraft, has heard the noise from the Sheriff's Department.
Judge's statement
"I am aware of some of the public statements by our Sheriff's Office and similar statements from Sheriffs in neighboring jurisdictions," Ashcraft told The News Tribune in a recent letter. "You asked if these statements, in my experience, are out of the ordinary. I cannot answer that question as I do not follow our Sheriff, or any Sheriff, on any social media. I cannot specifically recall any time in the past in which the Sheriff made such public comments directed at the Court."
Ashcraft's letter also cited the state's Code of Judicial Conduct, which discourages judges from commenting on ongoing cases in a way that might interfere with a fair trial.
"Based on the Code of Judicial Conduct," Ashcraft's letter added, "I cannot provide a specific response to the Sheriff's Office public comments about our Commissioner's decision, except to say that all bail decisions are required to be made according to the law as set forth in the Washington State Criminal Court Rules."
The "neighboring jurisdictions" include Thurston County, where Sheriff Derek Sanders is also using the department's Facebook page to question rulings regarding bail for repeat offenders charged with violent crimes.
Sanders' statements use a less combative tone, saying in part, "our judges engage in difficult work as they weigh constitutional rights vs public safety."
Troyer said Pierce County prosecutors are also unhappy with the recent low- and no-bail decisions. Asked for confirmation, Adam Faber, spokesperson for prosecutor's office, gave a short answer.
"We share their frustration," he said.
Chaotic incident
In the earlier case from the convenience store, the 33-year-old suspect was a wanted fugitive with three active arrest warrants and prior felony convictions, including drive-by shooting. During the July 27 incident, he rammed several law enforcement vehicles and private cars, injured a deputy and rammed the building itself, trapping customers and employees inside.
"He's always bad, he always do trouble wherever he goes and I'm glad he got caught," the store manager told a News Tribune reporter after the incident.
Following the suspect's arrest on multiple new charges, including four counts of second-degree assault, prosecutors requested $500,000 bail, court records show. McInvaille, presiding over the arraignment hearing, instead set bail at $30,000. The defendant posted bail on Aug. 1, four days after his arrest.
He was ordered to home detention, with limited travel and electronic monitoring. A Sept. 20 entry in the court file notes that he violated those conditions and left home without permission.
Troyer said he and his staff aren't worried about prosecutors involved in the cases.
"We have no issues with the Prosecutor's Office at all," he said. "They're helpful, they're cooperative."
He added that he and his staff are consulting with prosecutors and Ashcraft about the ongoing issue.
"We're working with the presiding judge in Superior Court," Troyer said. "My people are upset about nothing being done about it. Who am I gonna stick up for? It's not a matter of when people are gonna get hurt — they are getting hurt."
Faber, the prosecutor's spokesperson, said he was not personally aware of any such conversations involving prosecutors, the Sheriff's Department and the presiding judge.
In his letter, Ashcraft said he also did not know of such conversations.
"As far as the Sheriff or a representative from the Pierce County Prosecuting Attorney's Office reaching out about their concerns on bail decisions, I am not aware of any attempts to communicate with me about their concerns," he wrote. "If they spoke with any previous Presiding Judges, I do not have any knowledge of that. Superior Court is happy to meet with the Sheriff or the Prosecutor to discuss their concerns and to provide insight into the court process."
The whereabouts of the 27-year old suspect who missed her Aug. 31 court date are unknown.
"I'm guessing that we'll have to hunt her down again," Troyer said.
