NEWS DETAILS

With recent reporting around a change to the types of activities Vancouver Police can automatically issue a citation for, I wanted to make sure you have a full understanding of what is happening and why.

After months of discussion with me and the City Attorney, the Chief issued a memo asking VPD officers to adjust how they handle a short list of low-level misdemeanors (list below). Rather than issuing on-the-spot citations for these offenses, officers will refer them directly to the City Attorney’s office for a charging decision. This process provides additional time to review charges and, when possible, consolidate related offenses into a single case, preserving public defense resources for serious crimes.

Like many communities, Vancouver must manage public defender caseloads due to a shortage of available public defenders, which was further compounded by last year’s state Supreme Court guidance that capped public defenders’ caseloads.

Our primary goal is to prevent more severe cases from being dismissed for lack of available counsel. Because courts assign public defenders using “first come first served” and do not prioritize assignments by severity or use a financial means test, taking proactive steps is essential to avoid expanding the court backlog.

To put this in perspective: as of June 2, 55 cases have already been dismissed due to a lack of defense counsel. This included ten domestic violence cases involving charges such as assault, stalking, harassment, and order violations. I believe when it comes to making sure that cases are not dismissed because there are no defense attorneys, the public would expect us to prioritize a domestic violence case over a misdemeanor for taking cans from a recycling bin or being in a park after hours.

To be clear: officers retain full authority to make arrests whenever necessary.

Our community expects and deserves a safe environment. This updated process ensures we prioritize cases that have the greatest impact on individual and public safety.

Thank you,

Lon Pluckhahn
City Manager

List of misdemeanors to be referred to the City Attorney’s office

Disorderly Conduct – RCW 9A.84.030(1)

Fail to Transfer Vehicle Title

• Fail to Transfer Vehicle Title/Registration – RCW 46.12.101

Fail to Transfer Vehicle Title w/in 45 Days – RCW 46.12.650(8)

Dealer Plate Violation – Illegal Use of Dealer Plate – RCW 46.70.090

Vehicle Trip Permit Violation – RCW 46.16A.320 (and all subsections)

• Vehicle Trip Permit Violation – Altered Permit RCW 46.16A.320(3)(a)(iv)

• Vehicle Trip Permit Violation – Fail to display – RCW 46.16A.320(3)(a)(v)

• Vehicle Trip Permit Violation

Fail to identify vehicle – RCW 46.16A.320(3)(a)(i)

Possess or Consume Intoxicating Liquors in a Park – VMC 15.04.120 

Park Closing Hours – Unlawful Entry – VMC 15.04.150

Removal of Recyclables – VMC 6.12.216

Operate Vehicle While Registration Suspended – RCW 46.29.605(6)

• Fail to Surrender License Plates When Registration Suspended – RCW 26.29.605(4)

• 46.16A.320(3)(a)(ii) – Vehicle Trip Permit Violation – Incomplete Permit

• 46.16A.320(3)(a)(iii) – Vehicle Trip Permit Violation – Unsigned Permit

• Evasive Registration and Excise Tax Evasion – RCW 88.02.400

• Driving While License Suspended 3 – RCW 46.20.342(1)(C)

• No Valid Operator’s License – RCW 46.20.005

• Trespass in City Parks – VMC 15.04.180

• Criminal Trespass 2 – RCW 9A.52.080

• Possession of Controlled Substance – RCW 69.50.4013(1)(a)

• Using Controlled Substance in a Public Place – RCW 69.50.4013(1)(b)

• Unlawful Possession of Marijuana while being under 21 years of age – RCW 69.50.5013(5) Theft 3 – RCW 9A.56.050(1)(a)