Judicial race reflects city’s broader fight over homelessness, public safety, accountability

A typically sleepy Spokane Municipal Court judge election has become a heated microcosm for the debate that has consumed city politics for years now: What should be done about downtown homelessness, and does the system provide enough “accountability” for those who commit low-level crimes?

Judge Mary Logan, who oversees the city’s community court, is facing her first re-election challenger since she was appointed as a municipal court judge in 2009: former Spokane City Attorney Lynden Smithson, who continues to serve in the city’s prosecutor’s office.

Community court, a niche court within the city’s broader municipal court system, has a narrow focus: nonviolent “quality of life” crimes that occur downtown, like graffiti, public urination and trespass. Many crimes that the court oversees are directly linked to homelessness, like sitting or lying down on sidewalks in the downtown retail zone, though many of these homelessness laws have recently been reformed in a way that some business groups find toothless.

Logan is not just the face of the court; she spearheaded its creation in 2013, hoping to address the same individuals who cycled in and out of jail with little improvement in their lives and a high likelihood of reoffending.

“It was from those feelings of ‘can we do something better to uphold public safety for the community and serve the individuals that come into the court system?’ ” Logan said in an interview.

Many of the charges that bring defendants to community court will be dropped once they complete community service and connect with social service providers who are gathered only a few feet away in one of the library’s conference rooms. It’s meant to be a one-stop shop for problem-solving where people can find information about health insurance coverage, substance-abuse treatment, housing, getting new photo IDs and more.

The people who pass through the court, many of whom are homeless, are all offered a free sack lunch provided by the congregation of Our Lady of Lourdes Catholic Cathedral. The court’s officers stress the importance of respect for defendants and recognition for progress; Logan teared up as she described handing people rocks painted with the words “Courage” or “Strength” or “Faith” to describe those who successfully complete the court’s programs.

“(One man) just stopped dead in his tracks, and he said, no one has ever recognized that in me,” she said.

Depending on the severity of their problems, people might spend anywhere from a couple of weeks to as long as three or six months in the court’s program.

The court was created to make lasting changes in people’s lives, reduce recidivism and improve conditions downtown for residents and businesses.

But Smithson and the downtown business owners who encouraged him to run argue the court is failing at its mission, lacks accountability, and does not subject itself to the kind of transparency necessary to evaluate its progress.

“I think we need new ideas,” Smithson said. “I think we need to have a little bit more accountability, and I think we also owe it to the community to have accountability on the court for the public. … I still have no idea what the recidivism rate is in community court, I don’t know how many people have been lifted out of addiction and into housing. They won’t provide that information.”

Smithson argues the court needs “compassionate accountability” for the people who pass through it, and while he argues this does not mean a return to sending people to jail as a first step, he also believes the consequences for failing to meet the court’s expectations are not sufficient.

“I think (community court) is a great model,” Smithson said. “I just think the way it has been applied leaves room for improvement.”

He also does not believe the court is open enough with data, arguing for regular presentations of the court’s caseload, recidivism and other statistics.

Logan, meanwhile, argues the court already meets those goals. There is accountability for the initial charge through community service, but also regular check-ins at the downtown library and an expectation to keep engaging with service providers.

She recalls a woman brought into court for sleeping on the streets, visibly under the influence, and whom Logan ordered into drug treatment. The woman initially refused, had her case kicked up to standard municipal court, but eventually returned on another charge and this time successfully treated her addiction.

“Accountability is saying, ‘Yes, I was on the streets of Spokane, I have a drug problem, and I’m going to face it every single week because I either have to talk to Judge Logan about it or I have to talk to the prosecutor and defense about it,’ ” Logan said. “‘And if I’m not in compliance, then the next level might be inpatient treatment.’”

For someone who refuses to engage, the consequence of getting their case sent to another court may well be jail time, Logan added, though she argued this often becomes the least productive outcome.

Smithson, however, does not believe the consequences have historically been sufficient to convince someone to comply.

“She says people will do jail time, but when I look at those files it’s someone that did five days of jail time at the end because they had a warrant,” Smithson said. “That’s like spanking your puppy for peeing on the carpet last week … if you can get the puppy and say you’re not supposed to pee on the carpet and they do, maybe not jail, but we’re sending them out to work … maybe that changes their behavior.”

Many of Smithson’s supporters are frustrated by conditions downtown, pointing to data indicating chronic offenders remain on the streets. Last summer, the Spokane Police Department launched a program of emphasis patrols downtown that contacted 73 homeless people with more than 2,000 prior arrests between them.

Logan acknowledges a number of chronic offenders live downtown but doesn’t agree that the blame lies with community court. She notes around 30 of the people brought into her court after that emphasis program had their cases dismissed by prosecutors because the cases were not adequately built, and points to others who are not competent to stand trial but don’t have the same pretrial stabilization resources that they would have access to if they had committed a violent felony.

As the expansion of involuntary confinement becomes more frequently discussed, recently energized by a push from the administration of President Donald Trump, Logan cautiously agrees more avenues to intervene are necessary.

“If it’s just a broad brush, then it would be an abuse of very basic fundamental rights … but I can certainly think of individuals that I wish there was a safe haven for them, because … the death toll for them is going to be high and grim,” Logan said.

She also wishes there was more funding available for existing programs, noting the state slashed funding for Oxford-style housing that is supposed to be a transition for people who need a sober place to live while they get back on their feet.

Smithson argues the court does not provide enough data for the public to adequately assess whether it’s succeeding.

Logan and other court officials presented data about the court to the Spokane City Council in June. Smithson said he was unaware of this presentation but argued it was likely spurred by the election; Logan said her court used to provide quarterly updates but did not during the term of former Mayor Nadine Woodward because “that wasn’t welcomed.”

It’s not clear, however, whether Woodward would have had any say in the court’s participation in committees controlled by the City Council.

A 2019 study by Washington State University did show a marked decline in recidivism for those who participated in community court versus similar cases prior to the court’s existence or that went through another court; Logan noted the study cost $30,000, making it expensive to continually replicate, though she says she would if the court had the money.

If elected, Smithson said , he would more regularly provide data to the public and further decrease recidivism. He also wants the court to have dedicated peer navigators to follow people through complying with the court’s orders, though he would have to find the funding to do so.

Both candidates have significant legal experience.

Logan began her legal career in 1988, specializing in medical malpractice and other civil claims. She then represented cities for 15 years, first in California and later in Spokane County. She was hired by the Spokane public defender’s office in 1997 and worked there until she was sworn in as a judge in 2009 following the creation of the court and her appointment by then-Mayor Mary Verner.

Smithson has worked in various legal roles for the city of Spokane for 23 years including in the city prosecutor’s office and served as the city’s chief attorney under former Mayor Nadine Woodward. He also has prior experience in civil litigation and criminal defense.

Logan’s endorsements are extensive: over a hundred judges, including Kristin O’Sullivan, presiding judge of Spokane Municipal Court, 11 of the 13 sitting Spokane County Superior Court judges, and state Supreme Court Justices Debra Stephans and Mary Yu. She is also endorsed by Spokane Mayor Lisa Brown, state Sen. Marcus Riccelli and other area politicians.

Smithson lists endorsements from a handful of local attorneys, two sitting judges, one from Kittitas County and another from Mason County, as well as former Spokane Mayor Nadine Woodward, former Spokane police Chief Craig Meidl and various business owners and politically active residents who frequently criticize Spokane’s progressives.

Editor’s note: This story has been updated to correctly attribute a quote starting with “She says people will do jail time…” to Smithson.