BUILDING STRONGER SAFER CITIES | FLORIDA SHERIFFS ASSOCIATION | 9
employee was attacked walking to her car after work.
26
His oce has a staggering backlog of
10,000 cases, and nearly half of the voters supported a recall eort in 2022.
27
Chesa Boudin, the District Attorney of San Francisco from 2020 to 2022, claimed the death
penalty was racist and immoral. He pledged to end cash bail, and his refusal to prosecute thefts
with a value less than $950 led to an epidemic of brazen shoplifting cases by criminals who knew
they would not be prosecuted. As a result, Walgreens closed 17 stores and Target closed stores
early because they could not sustain the retail theft and the resulting high financial losses.
28
Rachel Rollins, a former Boston district attorney elected in 2018, pledged to decline to prosecute
shoplifting, thefts less than $250, burglary, receiving stolen property, drug crimes, and resisting
arrest. In a policy document to her sta, Rollins directed the elimination of bail and that “instead
of prosecution, these cases should be outright dismissed prior to arraignment or…treated as
a civil infraction.”
29
She was forced to resign as a U.S. Attorney, a position she held for just 16
months after the Department of Justice’s (DOJ) inspector general opened an ethics investigation
and found she violated federal regulations, numerous DOJ policies, her Ethics Agreement, and
applicable law. A separate report conducted by the U.S. Oce of Special Counsel concluded her
conduct was an extraordinary abuse of authority that threatened to erode public confidence in
the integrity of federal law enforcement actions.
30
By refusing to prosecute entire categories of crime and supporting no cash bail, rogue
prosecutors have drawn the attention and ire of constituents and lawmakers. George Gascón
faced a recall eort, and legislators at both the state and federal levels have introduced or
passed legislation in response to the trend. Texas enacted a law that went into eect on
September 1, 2023, that allows for the removal of prosecutors who do not enforce certain laws.
Federally, Senator John Kennedy (R-La.), a member of the Senate Judiciary Committee,
introduced the Prosecutors Need to Prosecute Act to require district attorneys (DAs) to report
violent crimes that they fail to charge criminals with committing. The legislation responds to
rogue prosecutors who decline to prosecute murder, aggravated assault, robbery, rape, burglary,
motor vehicle theft, arson, and other serious crimes. Additionally, Byrne-Jag funds, or federal
justice funding, would be prohibited from being distributed to a state or local government that
authorizes no cash bail for firearm oenses.
31
Florida has not been immune from this phenomenon, but our governors have prevented the
policies of rogue prosecutors from taking root. As one of many examples, when a state attorney
refused to seek the death penalty in any murder case, including the murder of a police ocer
and a pregnant woman, the then Governor reassigned all first-degree murder cases.
32
The Florida
Supreme Court armed the Governor’s authority to do so.
26 New York Post. Liberals turn back on woke LA prosecutor George Gascon as smash-and-grab robberies soar. (August 14, 2023).
https://nypost.com/2023/08/14/liberals-turn-their-backs-on-los-angeles-da-george-gascon/
27 Noa Hal (May 24, 2023). Woke Los Angeles DA George Gascon has a staggering backlog of 10,000 cases and scores of prosecutors have quit over
complaints he is ‘authoritarian’ and ‘toxic.’ Daily Mail. https://www.dailymail.co.uk/news/article-12120211/Los-Angeles-DA-George-Gascon-staggering-backlog-
10-000-cases.html
28 Recall of Chesa Boudin in San Francisco shows rogue prosecutor movement for failure it is (June 9, 2022). https://www.heritage.org/crime-and-justice/
commentary/recall-chesa-boudin-san-francisco-shows-rogue-prosecutor-movement
29 Rachael Rollins Policy Memo. March 2019. https://www.suolkdistrictattorney.com/s/The-Rachael-Rollins-Policy-Memo.pdf.
30 Henry Kerner (May 17, 2023). Letter to the President. Report of prohibited political activity. https://osc.gov/Documents/Hatch%20Act/Reports/Report%20of%20
Prohibited%20Political%20Activity%2C%20Rachael%20Rollins%20%28HA-22-000173%29.pdf
31 Prosecutors Need to Prosecute Act of 2023, Senate Bill, 118th Congress, 2023. https://www.kennedy.senate.gov/public/_cache/files/4/9/49229d41-451f-
4d0e-8f4f-c147f974781d/3EDAD3B1E41417B00A93C13E1F5114C5.all23104.pdf
32 NPR (Apr. 3, 2017). “Florida Governor Pulls Murder Cases From Prosecutor Who Shuns Death Penalty.”