Federal Oversight for Seattle Police Department Ends after 13 Years

Full control and oversight of the Seattle Police Department was returned to city officials Wednesday when a judge formally ended 13 years of federal oversight.

U.S. District Judge James Robart's order dismissing oversight is a landmark for the city. Since 2012, when the Department of Justice filed a lawsuit and reached a settlement with Seattle over widespread use-of-force abuses and biased policing, the Police Department has undergone sweeping changes to its policies, procedures, discipline oversight and analytics.

Robart, in an unusual move, said at the outset of the 90-minute hearing that he was going to grant a joint motion by the city and DOJ to terminate the consent decree, rather than waiting for the end of the hearing. And in a further departure from previous proceedings, Robart asked Seattle Mayor Bruce Harrell and newly appointed police Chief Shon Barnes to address the court, and answer specific questions about plans to ensure that changes wrought from 13 years and four days of federal oversight would last.

Harrell told the court that the Police Department has emerged from the process a learning organization," which is constantly looking for ways to improve service to the community.

The judge opened his remarks by recalling the incident that outraged the community and acted as a catalyst for the DOJ investigation that resulted in the consent decree: the Aug. 30, 2010, shooting death of John T. Williams, a First Nations wood and totem carver who was carrying a piece of wood and a closed pocketknife when he was gunned down in a downtown intersection by former Officer Ian Birk.

"One of my sincerest wishes is that John T. Williams … could realize the significance of what his death has created," Robart said.

Williams' brother, Rick, was in the court gallery. After the hearing, Councilmember Bob Kettle, who chairs the public safety committee, said Rick Williams had been appointed to the Community Police Commission.

The judge noted that the 2011 DOJ investigation found that Seattle officers used excessive levels of force in 1 of every 5 citizen encounters that involved force. The targets of the police abuses were often in crisis or intoxicated, or had disabilities, the investigation found.

Moreover, there was evidence that police engaged in biased policing, but a lack of data prevented the DOJ from making a formal finding.

Leaders respond to end of oversight

Harrell, who was a member of the City Council in 2012 when the settlement with the DOJ was reached, insisted that the Seattle Police Department is a transformed organization.

"Public safety from our police department requires not just swift responses, strong investigations and a well-staffed department, but they must be culturally competent, community based, accountable, and they have to be masters of de-escalation," he said. Changes brought about by the consent decree aim to do just that, he said.

Robart has repeatedly expressed concerns over the ability of the Seattle Police Officers Guild, which represents the department's rank and file, to include officer accountability and discipline in collective bargaining — however, he has also determined that issue is outside the purview of the court. He asked Harrell about SPOG's opposition and recalcitrance throughout the consent decree process and how it could affect future improvements. Harrell assured him that the city and guild were engaged in "fruitful and successful" negotiations with the union.

Robart noted that, at one point in 2014, more than 100 officers backed by SPOG unsuccessfully sued the court over the new comprehensive use-of-force policies in effect today.

Harrell told the court that the city is developing an "unarmed response to crisis situations through our CARE, or Community Assistance Response and Engagement," teams. He later acknowledged that the formation and deployment of the CARE teams depends on the outcome of ongoing negotiations with SPOG.

"I believe in my heart that we have changed some of the cultural issues," the mayor said. "Are we perfect? No, but … we set up a culture to be optimal, to include a race and social justice lens in everything that we do," which, he told the judge, has carried into negotiations with the guild.

In a news release issued shortly after the hearing adjourned, SPOG President Mike Solan called the 13-year consent decree process "weaponized financial grift."

"Despite the years-long noise of the consent decree process (rank-and-file officers) showed up to work every day, adapted to the ever-changing policies, and continued to fight hard to protect those who live and work in the City of Seattle," the SPOG release said.

The statement went on to claim that the new policies required by the consent decree have had "a detrimental impact on Seattle public safety."

SPOG also said the consent decree has cost taxpayers $220 million but provided no data to back the figure. Detailed budget spreadsheets provided by the mayor's office estimated consent decree costs, including the advent of body cameras and a robust data collection system, totaled just under $150 million. About $9 million of that went to pay for the costs of the court-appointed monitors.

Barnes said he has taken command of a department that is "made up of officers and professional staff who are deeply committed to our departmental values and the expectations of the community."

"My department goals are clear and attainable: crime prevention, community engagement, employee safety and wellness and continuous improvement," he said.

He noted that he served as the "subject matter expert" for the Department of Justice in its investigation into the Minneapolis Police Department following the May 2020 murder of George Floyd.

"That experience gave me deep insights into the causes and consequences of systematic police misconduct, and more importantly, how to prevent it," he said. "It impressed upon me the absolute responsibility of police leaders to ensure no … unconstitutional conduct is ever allowed to take root."

Barnes noted that the department is a national model when it comes to data collection, crime analysis and oversight. In addition, police use of force has fallen over the years.

The American Civil Liberties Union of Washington, however, in a news release Wednesday, disputed the claim that the Police Department was a "transformed institution."

"Ending the consent decree does not make today's court decision the success the city claims it to be," said Jazmyn Clark, the smart justice policy program director at the ACLU. "Racial disparities remain, and use-of-force issues persist with SPD.

"This is not a moment for self-congratulations, but a time for city leaders and the department to prove they are committed to transparency, oversight and real transformation that centers on the needs of the communities, particularly those historically targeted by police misconduct."

Robart asked for assurances that the city will continue to adequately fund both the civilian-run Office of Police Accountability — which investigates allegations of officer wrongdoing — and the Community Police Commission, which provides guidance, input and oversight to the Police Department through its citizen members.

Harrell and Councilmember Kettle made assurances that both will have the resources they need to do their jobs.

A winding and difficult path

In a news release Wednesday, the city noted that use of force by officers had decreased significantly after the adoption of new stringent use-of-force policies and reporting requirements in 2014. Data shows that between 2014 and 2019, officers reported using force against citizens about 1,025 times a year. From 2019 to 2024, that number dropped to about 670 incidents per year — a decrease of nearly 35%.

"To put this in perspective, with over 9,200,000 dispatches since the force policy was implemented in 2014, force is reported in only 20 out of every 10,000 dispatches," about one-fifth of 1% of all calls, the news release said.

Robart was clear that it has been a winding and difficult path. He noted that the consent decree, when it was signed in 2012, contained a provision stating that the city and the DOJ anticipated that it would be fully in effect within five years.

He noted that after then-Mayor Mike McGinn signed the document, the city and Police Department — at the time led by Chief John Diaz — continued to dismiss the DOJ findings and fought reforms. Likewise, the Seattle Police Officers Guild then — and now — has refused to acknowledge problems within the department and has opposed many of the changes the settlement agreement brought about.

Once, in 2018, the city was found to be in "full and effective compliance with the settlement agreement, setting up a trial period that could have ended oversight in two years. However, also in 2018, an outside mediator overturned a decision by former police Chief Kathleen O'Toole to fire an officer for punching a handcuffed woman in the face, breaking bones. Video of the incident was shown in court and an incensed Robart found the city had fallen out of compliance with the settlement.

Then, in 2020, the Police Department's violent response to the Black Lives Matter protests after the murder of Floyd by a Minneapolis police officer, in which dozens of nonviolent protesters were injured, further concerned the court.

Earlier this year, the City Council passed a new, comprehensive crowd-control ordinance that satisfied the judge and his appointed monitor, the last step in the long process of bringing federal oversight to a close.

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