President's Page by Carolyn Steffl

“Powerful” and “compelling” are two words that Bouder County District Attorney Michael Dougherty used to describe the Democratic National Convention, in which Kamala Harris was introduced to the nation, with a big focus on her three decades as a prosecutor and her historic role as the first black, first woman, and first Asian American elected to be the attorney general of California. Regardless of your political views and which candidate you support, it was extraordinary to watch a celebration of attorneys and our judicial system play out on a national stage. One theme of the convention was to explain the role of a prosecutor to the American public, so I took this opportunity to reflect on the role of prosecutors in Boulder and in Colorado.

Watching the DNC from an airplane flying from NYC to Denver, I was reminded of how many Americans have skepticism and distrust of prosecutors and courts these days. As attorneys, we hold sacred the need for enforcing the rule of law, balanced with the belief that everyone is entitled to a competent effective defense counsel. We have all seen many examples of times when prosecutors or courts abused their power, but that doesn’t shake our fundamental trust that the system can work as we strive to make it fairer.

Michael Dougherty explained that, nationally, the last four to five years have been a difficult time for prosecutors. Since the death of George Floyd, there has been a lack of trust in the police, prosecutors and judicial system. Here at home, Michael explained that the Boulder County DA’s office places a big emphasis on rebuilding trust, engaging in community events with a focus on crime prevention, like visiting senior centers to teach them how to avoid being a victim of fraud, visiting high schools to teach about bullying, gun safety and drugs, and attending community events like the Boulder farmer’s market and Boulder Creek Fest to just listen.

At the Democratic National Convention, it was clear that the Harris campaign is also on a mission to rebuild trust, especially with communities of color. “If you told 15-year-old me would be on stage supporting a prosecutor and a teacher…there’s no way that I would’ve believed you,” DL Hughley quipped at the Democratic National Convention (DNC) where he apologized to Kamala Harris for past assumptions (and criticism) of her based on her history as a prosecutor.

Convention speakers included attorneys who had served as colleagues of Kamala in district attorney offices and at least three attorney generals. The speakers emphasized the role that prosecutors play in “protecting the vulnerable and giving the victims a voice”, per Amy Resner, a former prosecutor. Kamala explained “As a prosecutor, when I had a case, I charged it, not in the name of the victim, but in the name of The People, for a simple reason. In our system of justice, a harm against any one of us is a harm against all of us. . . . Everyday in the courtroom, I stood proudly before a judge and said five words, Kamala Harris, for The People.”

Colorado Attorney General, Phil Weiser, explained “State AGs play a critical role in protecting our freedoms, defending the rule of law, improving public safety, and fighting for consumers. The nomination of Vice President Kamala Harris—and the focus on her record as California State AG---has spotlighted the importance and impact of this work.”

Speakers at the DNC also talked about the oaths that Kamala took as a prosecutor. I also Michael about that, and he confirmed that in Colorado prosecutors do take an extra oath before they begin service, adding that they also have ethical responsibilities specific to prosecutors. (CRPC 3.8 Special Responsibilities of Prosecutors). Attorney General Weiser added “we [prosecutors] have ethical responsibilities to act thoughtfully, carefully, and based on the evidence.”

Overall, Michael Doughtery was impressed by the commitment to the rule of law that was expressed, and the juxtaposition of a prosecutor with a convicted felon. He emphasized that the Boulder County DA’s office is committed to justice and doing the right thing to the best of their abilities, rather than racking up convictions like notches on a belt. He is excited and hopeful about the campaign’s commitment to the rule of law, integrity and fairness, values that he believes are needed more than ever. Michael also expressed how grateful he is to live and work in Boulder County and to have the support of our community.