What Happens After Chesa Boudin?
San Francisco’s former District Attorney Chesa Boudin. Photo credit: Justin Sullivan/Getty
By Joel P. Engardio
A rise in unsettling crimes like home burglaries and anti-Asian hate gave San Franciscans an overwhelming sense they weren't safe, and voters recalled District Attorney Chesa Boudin.
Now what?
Boudin’s recall will not usher a return to the 1990s “lock ‘em up and throw away the key” style of criminal justice. This outdated approach from the failed war on drugs will never be tolerated in San Francisco. Whoever the mayor appoints to temporarily replace Boudin will be a liberal, reform-minded Democrat.
The difference is the next district attorney will be an experienced prosecutor who can pursue reform while simultaneously fighting crime and keeping people safe.
Why Boudin was recalled
Boudin was recalled because of poor public policy choices and ineffective leadership, which led an exasperated Judge Bruce Chan to say in open court: “I cannot express in any more certain terms my disapproval of the manner in which the Office of the District Attorney is being managed.”
Most importantly, Boudin’s office did not prioritize the prosecution of serious crime: repeat and violent offenders, domestic abusers, gun crimes, and the fentanyl dealers responsible for a record number of overdose deaths on our streets. His office also too-often ignored pervasive car break-ins and shoplifting.
Victims often felt they were not Boudin’s first consideration as he seemed to focus more on what the perpetrators needed. For reform to succeed, residents must feel safe and victims cannot be ignored.
Time to rebuild
But don’t expect immediate results. The next district attorney will have to rebuild an institution that lost half of its experienced prosecutors. Nearly 70 left the office, including those fired or forced to resign by Boudin. He filled most of those positions with defense attorneys.
San Francisco has a proud history of electing strong public defenders who vigorously defend people charged with crimes. And Boudin spent many years as a talented defense attorney. But we don’t need two public defenders. The system works because of the tension between prosecutors and public defenders. Things can go haywire when there’s a lopsided system — in either direction.
San Franciscans can gradually expect to see a return to competent prosecution of serious and violent offenses. We need repeat offenders to learn that crime doesn’t pay here anymore.
Drug dealers responsible for a fentanyl crisis that has killed nearly 1,000 people should also take notice. While Boudin secured zero convictions for selling fentanyl in 2021, imagine a new district attorney making bold changes resulting in more arrests and fewer fentanyl deaths on our streets.
Diversion will continue
Meanwhile, we should expect a continued use of diversion programs to ensure prisons are only used to house the most dangerous people. People suffering from mental illness and addiction who are accused of crimes should be given compassionate treatment, not jail time, when treatment can prevent them from reoffending.
We can also expect a new district attorney to be more forthcoming about case outcomes. Boudin was notorious for not providing records to journalists that should be publicly available. When Stop Crime SF pursued a public records request to get case outcome data, Boudin refused and resisted for months. We finally prevailed, but it shouldn’t take threatened legal action to get data that district attorneys in other cities make easy for anyone to find online.
Stop Crime SF and its Court Watch program rarely follows cases of first-time offenders. We focus on the repeat offenders who kept doing more serious crimes even after being given chances through diversion programs or probation. We believe it’s important to help first-time offenders avoid jail time that could ruin their lives.
Funds saved from imprisoning fewer people must be invested in housing, education, healthcare, and job training to provide stability to vulnerable communities — and help end the cycle of crime. As we invest public funds in rehabilitation and programs to keep people out of jail, each program must be held accountable for success. Results must be measured and data must be transparent.
Other actors
We must realize that a new district attorney is not the sole actor in public safety. The police and the courts also play key roles. They, too, must be held accountable for doing their jobs at the highest standard.
The district attorney rightfully should pursue abuse of force cases by police. At the same time, the district attorney can value good police work by prosecuting the serious assault, home burglary, and drug dealing arrests brought by police. This will go a long way in helping the police department address its shortage of 500 officers. A healthy relationship with the district attorney’s office will boost morale and help SFPD recruit and retain staff. That means more police officers walking the beat in our neighborhoods, which is what most residents say they want.
San Francisco deserves a reform-minded district attorney who is willing to prosecute serious crime, operate in full transparency, and always put victims first. Residents shouldn’t have to choose between reform and safety. We can have both.
A version of this op-ed was also published in the San Francisco Examiner June 10, 2022