August 15, 2020

On Monday, August 10, 2020, Washington County Circuit Court Judge D. Charles Bailey recused himself from all cases assigned to Metropolitan Public Defender. In a factually inaccurate letter, he cited a “small gathering” at the courthouse as one of several reasons he could not be fair to a subset of attorneys who participated. He was referencing the June 17th March Against Systemic Violence in Washington County, attended by hundreds and organized by a coalition of community groups, including Washington County Justice Initiative (WCJI). 

The demonstration rebuked the brutal attack of Albert Molina by Washington County Sheriff’s Deputy Rian Alden, who escaped repercussions for more than two years after Sheriff Pat Garrett and the Washington County District Attorney’s Office reviewed damning video footage of Alden cracking Molina’s skull while he was in custody at the jail. The Sheriff’s office found Alden’s violence did not violate any policies. The District Attorney’s office deemed the video “of minimal value” and charged Alden criminally only after Molina’s attorney released the video to the public. 

Community leaders at the demonstration demanded equitable treatment of BIPOC community members by law enforcement, the District Attorney’s office, and the Washington County judiciary. Imani Dorsey of Washington County Ignite, Mariana Valenzuela of Centro Cultural, Joel Iboa of the One Oregon Coalition, Carl Macpherson of Metropolitan Public Defender, Seemab S. Hussaini of CAIR Oregon, the Rev. Jorge Rodriguez of the Hillsboro United Methodist Church, and Molina's mother, Esther Summerville all identified Molina’s case as an example of systemic violence that damages the community as a whole.

Though the demonstration was entirely peaceful, it drew both Bailey’s ire and a concerning response from local law enforcement.

During the demonstration, Garrett’s office stationed plainclothes deputies in the crowd. Law enforcement attempted to identify demonstration attendees over the radio, stating a desire to run their names for warrants. Inside the Law Enforcement Center, computer screens that normally monitor holding areas inside the jail were instead trained on the lawn, surveilling the peaceful assembly. This sort of unnecessary police surveillance doesn’t just chill free expression, it demonstrates WCSO’s excessive resources and implicates an Oregon law that prohibits law enforcement from collecting information about political associations or activities.

WCJI strongly supports the demonstrators’ rights to free speech and assembly, as guaranteed by our state and federal constitutions. WCJI condemns both the sheriff’s surveillance and Bailey’s maligning of the demonstration. Judges should honor free speech, respect peaceful assembly, and reject systemic violence. Bailey’s inflammatory letter shows at least one Washington County judge still fails to acknowledge the racism that pervades our criminal legal system. WCJI and its partners will continue to be vigilant and vocal advocates for change.