Snohomish County Superior Courthouse in Everett on February 8. (Kevin Clark / The Herald)

Snohomish County Superior Courthouse in Everett on February 8. (Kevin Clark / The Herald)

Snohomish County prosecutors face ‘deluge’ of police referrals

Local courts are bracing for a wave of new criminal filings. They already face a backlog of cases charged.

EVERETT — Over 7,000 alleged felonies in Snohomish County that police believe warrant criminal charges are stalled, waiting for prosecutors to decide whether to move forward with the cases.

The backlog could further strain an already overburdened court system, court officials say.

That’s nearly double pre-pandemic figures. And it’s even up more than a thousand from April of last year. The cases include allegations of more than 600 violent crimes, more than 200 sexual assaults and crimes against children, and thousands of non-violent property crimes.

Misdemeanor referrals experienced a slightly more modest uptick, from nearly 4,000 in February 2020 to over 6,000 two years later, according to a memo presented to the Snohomish County Council last week.

Meanwhile, local courts already face a backlog of charged cases as COVID-19 protocols diminished trials and fewer cases got resolved. Criminal case resolutions, whether by plea, dismissal or trial, plummeted, according to court data.

The standard criminal case length in Snohomish County Superior Court is about nine months. The number of cases exceeding that standard quadrupled during the pandemic, the memo shows. Civil cases have seen a similar jump.

“The pandemic has been incredibly disruptive,” Snohomish County Prosecutor Adam Cornell said.

Officials say the simultaneous referral backlog could snowball and only serve to make it take longer for defendants and victims to get justice.

“The more cases that are in the system, the less time each attorney — prosecutor or defense attorney — has to triage that case,” said Jason Schwarz, director of the county’s Office of Public Defense. “It’s just math. And also the more cases you have, the more capacity you need in the courts.”

Unless cases are getting resolved at the same rate as new ones are getting filed, Schwarz said, “You’re going to create a bubble.”

This chart presented to the Snohomish County Council by court officials last week shows criminal cases have taken much longer to resolve since the pandemic began.

This chart presented to the Snohomish County Council by court officials last week shows criminal cases have taken much longer to resolve since the pandemic began.

‘Are we concerned? Yes’

Not all of those referrals will lead to criminal charges. Many cases get declined for lack of evidence. For example, in Snohomish County District Court, prosecutors filed more than 5,700 cases between February 2020 and March of this year, but declined another 3,100-plus, according to the memo provided to the county council.

But the sheer number means some nonviolent cases that otherwise warrant criminal charges could fall by the wayside, Cornell said. In Washington, many of those allegations face a three-year statute of limitations. More serious crimes, like murder and rape, have longer limits — or none at all.

In an email, District Court Administrator Kathryn Koehler said if lots of those referrals turn into charges, the court could have problems scheduling hearings.

For that reason, administrators and judges are working to prepare for what District Court officials called a “possible deluge” of filings.

“Are we aware? Yes. Are we concerned? Yes,” Superior Court Presiding Judge George Appel said. “Are we doing what we can to be ready? Yes, absolutely we are.”

Superior Court is getting two new judges this summer, a need that was known even before the pandemic wreaked havoc on the criminal justice system. It is the first expansion of the bench in 15 years. They’ll be sworn in next month.

To open more room for hearings, Superior Court is also adding a courtroom on the third floor of the courthouse next year, Appel said. But there’s no more room in the building. The two new incoming judges won’t even have their own assigned courtrooms.

‘We could hit a crisis’

Meanwhile, attorneys are reaching their limits.

Under state standards, public defenders should not take over 150 felony cases per year. When there are conflicts, the county has to pay private attorneys to step in. Some public defenders are approaching that limit, Schwarz said.

“When we’re talking about the more serious offenses, all of our lawyers are refusing cases because they have so much work,” he said. “I think we could hit a crisis. If there’s a lot of serious cases filed, we could have a problem getting attorneys, unless we’re able to recruit future attorneys. It’s a lot of ‘ifs,’ though.”

Judge Appel and others say the backlog shows COVID will be impacting local courts for years.

But the pandemic served only to intensify an already-existing issue. And it’s not the only factor in the last couple years clogging up the prosecutor’s office.

For example, at the dawn of the pandemic in early March 2020, Cornell changed some charging procedures for his deputies. In the face of high-profile questions of evidence transparency, he ordered them to wait until thorough police investigations were complete before filing charges, he said.

“Before, we were charging cases where we didn’t have all the discovery,” the prosecutor said, referring to evidence lawyers plan to use at trial. “And then those cases were going to trial, and we found ourselves scrambling at the last minute to get all the discovery to the defense. And so what I decided was, ‘Look, we’re just not going to charge a case until the police agency gets us everything.’”

So undercooked cases are getting sent back to detectives for more investigation. Previously, Cornell said, defendants might get charged prematurely in a system that also “set our deputy prosecutors up for failure.”

Jake Goldstein-Street: 425-339-3439; jake.goldstein-street@heraldnet.com; Twitter: @GoldsteinStreet.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Pharmacist Nisha Mathew prepares a Pfizer COVID booster shot for a patient at Bartell Drugs on Broadway on Saturday, Oct. 1, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Everett lawmakers back universal health care bill, introduced in Olympia

Proponents say providing health care for all is a “fundamental human right.” Opponents worry about the cost of implementing it.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

Outside of the updated section of Lake Stevens High School on Thursday, Feb. 27, 2020 in Lake Stevens, Wa. (Olivia Vanni / The Herald)
Lake Stevens, Arlington school measures on Feb. 11 ballot

A bond in Lake Stevens and a levy in Arlington would be used to build new schools.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Lake Stevens Sewer District wastewater treatment plant. (Lake Stevens Sewer District)
Lake Stevens sewer district trial delayed until April

The dispute began in 2021 and centers around when the city can take over the district.

A salmon carcass lays across willow branches in Edgecomb Creek on Thursday, Jan. 30, 2025 in Arlington, Washington. (Olivia Vanni / The Herald)
Tribes: State fish passage projects knock down barriers for local efforts

Court-ordered projects have sparked collaboration for salmon habitat restoration

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.