3 Democratic candidates for DA discuss their views on charging decisions, plea deals, community trust and more
Incumbent District Attorney Suzanne Valdez is facing two Democratic challengers in the primary election on Aug. 6, Wyandotte County prosecutor Tonda Hill and Baldwin City prosecutor and Lawrence defense attorney Dakota Loomis. Whoever wins the primary will face Republican candidate Mike Warner, a former federal prosecutor, in the general election in November.
The Journal-World asked the Democratic candidates a number of questions, including how they would go about making charging decisions, what factors play a role in making plea deals, what specific skills they would bring to the role, how they would promote community trust and more. Here’s a look at their answers, listed by candidate in alphabetical order. Please note that the Journal-World asked the candidates to limit their responses to 150 words; where they exceeded that amount, we have edited their answers for length.
photo by: Chris Conde/Journal-World
TONDA HILL
A brief description of your educational and professional background:
I have a bachelor’s and Master of Science degree in education from KU. I graduated from KU Law in 2012. My entire professional career has been devoted to public service. I provided residential care for individuals with significant cognitive and developmental challenges at Community Living Opportunity in Lawrence. I taught at-risk students in an alternative high school setting in Leavenworth, working to disrupt the school to prison pipeline. I recruited applicants to diversify the student body at KU Law. I was a deputy public defender in Shawnee County and currently I am an assistant district attorney in Wyandotte County. Additionally, I recently attended the 19th Annual Conference on Crimes Against Women because I believe it’s important to stay current on best practices.
What would be your top consideration in deciding whether to charge someone with a crime?
My top consideration is ensuring fairness and impartiality by meticulously evaluating evidence, consistently applying the law and seeking sentences that consider both the severity of the offense and mitigating factors. I will prioritize prosecuting crimes that threaten public safety, particularly those involving violence and firearm usage, while advocating for alternatives to incarceration because prisons should be reserved for violent offenders. While marijuana possession is illegal, I will exercise discretion in cases involving possession, considering alternatives like dismissals, diversion programs and plea bargains. This approach balances public safety with a more nuanced assessment of individual cases, while maintaining integrity.
What main factors would play into your decision to enter into a plea deal with a criminal defendant?
The evidence, severity level of the charge, previous encounters with the criminal legal system and input from the victims are factors that I would use to decide whether to enter into plea agreements. I believe that the sentence should reflect the degree of harm, so crimes that involve violence or the use of a firearm would not be diverted to probation without substantial and compelling reasons to depart from the original presumed sentence. Additionally, cases that involve registering as a sex or violent offender generally would not be pled to other crimes that avoid the registration requirements. While each case would be reviewed on its own merits, I would establish clear policies to ensure consistent and fair plea agreements, promoting impartiality and fairness for the benefit of everyone.
What specific skills would you bring to this role?
I know how to effectively manage an office that enforces the laws to keep the community safe. As a deputy public defender, I co-managed an office of five attorneys and four staff. I participated in the hiring, firing, training and evaluating of personnel. I also mentored less experienced attorneys, while maintaining a high caseload. I prosecute a wide variety of crimes, but I have specialized in prosecuting sexual assault. Because I have tried over 40 cases as a defense attorney or prosecutor, I know how to monitor and train other attorneys to provide competent representation.
As the county’s top law enforcement official, what is the No. 1 thing you would do to instill trust in the community you serve and in your law enforcement partners?
Engaging with the community is the one thing that I will do to instill trust. For me that means active listening and providing opportunities for feedback. I have already reached out to law enforcement agencies throughout Douglas County and have been seeking input from community members about their concerns. This style of engagement is not new to me since I am currently a liaison for the Unified Government of Wyandotte County Law Enforcement Board, which hears concerns from citizens. I will support the efforts of law enforcement while also expecting accountability.
Do you have any pending disciplinary complaints against you or have you ever been censured or otherwise disciplined by the state office overseeing attorney conduct?
I have received two complaints regarding my representation. One complaint involved a defendant who later became his own attorney. The second complaint involved a defense attorney. In both cases, the defendants’ cases were resolved through convictions by pleas in which the defendants faced lengthy presumed prison sentences and one defendant must register for life as a sex offender.
photo by: Chris Conde/Journal-World
DAKOTA LOOMIS
A brief description of your educational and professional background:
I attended public school in Lawrence at Pinckney Elementary School, Central Junior High School and Lawrence High School before attending Carleton College for undergraduate and then New York University, where I received my juris doctorate.
I have spent my professional career working in public service. I have worked for the Office of the Governor of Kansas under Gov. Kathleen Sebelius, the Kansas Attorney General’s Office, and the Shawnee County District Attorney’s Office as the deputy chief of staff. Currently, I am the city attorney for the city of Baldwin City and the city of Quenemo, and operate my own law firm that specializes in criminal defense. I have also served as the defense attorney for the Douglas County Drug Court since its inception and represent people who are doing the work every day to rebuild their lives and relationships.
What would be your top consideration in deciding whether to charge someone with a crime?
The top consideration would be the strength of the evidence and whether it could be admitted before a judge or jury. While there are many factors that should be considered when charging, the foundation must be the strength and admissibility of the evidence of a crime.
What main factors would play into your decision to enter into a plea deal with a criminal defendant?
The primary factors I would consider when determining if a plea deal or diversion is appropriate would be the strength of the evidence, input from any victim of the crime as to what their wishes are, if the resolution is in the interest of justice if factors such as mental health or substance abuse contributed to the offense, the criminal history of the person against whom charges have been filed and the efficient use of limited resources.
What specific skills would you bring to this role?
I bring over a decade of experience as a criminal litigator, both as a prosecutor and defense attorney, to the role of district attorney. In addition to my extensive courtroom experience, I also served as a charging attorney while at the Shawnee County District Attorney’s Office. For three years I reviewed and charged all domestic violence offenses while also providing training to law enforcement on how to properly investigate these sensitive cases. This experience taught me the importance of prioritizing cases of domestic violence while providing me a deeper understanding of how best to charge cases appropriately and ethically.
As the Baldwin City attorney I have gained valuable experience working with law enforcement partners and creating systems to better investigate and prosecute cases. This experience as a local prosecutor confirmed my belief that working collaboratively with law enforcement and community partners is the best way to build a stronger, safer community.
As the county’s top law enforcement official, what is the No. 1 thing you would do to instill trust in the community you serve and in your law enforcement partners?
As district attorney, fostering a culture of respectful and ethical service would be the first step I would take to rebuild the trust that has been lost between the District Attorney’s Office, law enforcement and the citizens we serve. Treating all people with respect and dignity are core beliefs I hold, and I believe these values strengthen our relationships and our institutions.
As the district attorney this means modeling respectful behavior and setting clear expectations for all staff. It also requires that the DA ensures that survivors of crime have a voice throughout the process and that people accused of a crime are treated fairly and ethically while in the court system. Finally, open and honest communication between law enforcement and the DA creates the foundation that is necessary to restore trust between these organizations and better protect our community.
Do you have any pending disciplinary complaints against you or have you ever been censured or otherwise disciplined by the state office overseeing attorney conduct?
I have not been censured or otherwise disciplined by the Kansas Disciplinary Administrator.
photo by: Chris Conde/Journal-World
SUZANNE VALDEZ
A brief description of your educational and professional background:
In 1996 after graduating from KU Law, I began my career with Kansas Legal Services in Kansas City, Kansas. I joined the KU law faculty in 1999, and I supervised interns in the legal aid clinic. I also taught many practical skills courses. In 2008, I served as a pro tem judge in Douglas County, presiding over the county’s juvenile offender docket and post-divorce motions docket for approximately seven months. I chaired the Kansas Crime Victims Compensation Board for nine years. In 2013-2018, I served on the Douglas County Court Appointed Special Advocates for Children board. In 2020, as a DA candidate, I advocated for a local Children’s Advocacy Center, which has come to fruition. I have been a practicing attorney for 28 years. Prior to being elected as DA, I also served as a special prosecutor for seven years in Wyandotte County. I am the co-author of the book Prosecutorial Ethics Third Edition, the author of many law review articles and a contributing author to “Fighting Mad: Resisting the End of Roe v. Wade.” I have tried numerous jury trials.
What would be your top consideration in deciding whether to charge someone with a crime?
I care deeply about everyone in our Douglas County community. As the top law enforcement officer of this judicial district, my legal duty is public safety, and to use our resources to prosecute violent crime, involving child and adult sexual assault, interpersonal violent crime and all firearm offenses. We are also devoting prosecutorial resources to prosecute all distributors of controlled substances, including fentanyl, which has claimed the lives of many loved ones in our community.
I am committed to continued growth of our Alternatives to Incarceration programming that includes our existing Behavioral Health Court and Drug Court and the addition of a Veterans Treatment Court. In addition, I am committed to growing our Restorative Justice practices when appropriate and providing abundant Diversion opportunities where my office does not charge application fees.
What main factors would play into your decision to enter into a plea deal with a criminal defendant?
Well over 90% of our cases resolved short of trial. There are many factors at play in a plea agreement. Litigation on criminal cases takes time, resources, and requires witness and victim participation. Plea bargaining on all criminal cases stems from the advantages that both the state and defense gain by resolving cases short of litigation. When a plea is entered, the state avoids the uncertainties of trial, but ensures that some punishment and accountability is meted out to the defendant, which hopefully satisfies the victim’s and public’s desire to hold the defendant accountable. Moreover, with a plea the state avoids having to call a victim/survivor to testify. Finally, plea bargaining conserves the resources of the DA’s office, law enforcement partners and the courts, which is consistent with a prosecutor’s obligation to be mindful of the proper administration of justice across the criminal justice system.
What specific skills would you bring to this role?
(1) Strength of character – No matter the criticism of me and my team, I keep my head up do my work with integrity in all the difficult decisions I make daily. I strive for inclusion of all, their personal safety and viewpoints. I am making change to the criminal justice system by ensuring fair representation and justice for everyone.
(2) Adaptability – I took office during the peak of COVID, and my office has adapted to the post-COVID world; we have transformed the work of the office to a paperless case management system, and have provided transparent, accurate information about the work of our office through social media, our website and annual reports. We adapted quickly to the statewide court system shutdown.
(3) Determination – When I ran for DA in 2020, I was determined to make change to the criminal justice system, which is anchored in racism, sexism and other colonialist principles. My office is a national model for criminal justice reform.
As the county’s top law enforcement official, what is the No. 1 thing you would do to instill trust in the community you serve and in your law enforcement partners?
There are many things, but since you asked for one, I enforce our Brady/Giglio policy in all criminal cases, which ensures that the defendant’s constitutional rights are protected, instills trust in the integrity of the prosecution of a case, and protects the dedicated and upstanding work that our law enforcement partners do every day to keep our community safe.
Do you have any pending disciplinary complaints against you or have you ever been censured or otherwise disciplined by the state office overseeing attorney conduct?
As to your last question, the ODA complaints I have faced that you have written about exhaustively are in my role as DA, and not as a practicing attorney. I have not been disciplined or censured.