Democrats running for Douglas County district attorney will face off in a primary election on Aug. 6. They answered our questions digging into crimes of poverty, people feeling targeted by local law enforcement and much more.

Incumbent Suzanne Valdez, elected in 2020, faces primary challengers in Tonda Hill and Dakota Loomis. Their answers appear below verbatim, minus minor typos edited for clarity.

We also asked candidates to provide a copy of their resume. (We redacted the personal information from provided resumes.)

Ultimately, the winner of the Tuesday, Aug. 6 primary will face Republican candidate Mike Warner in the Tuesday, Nov. 5 general election. Warner was asked to participate in this questionnaire but declined since he has no primary opponent.

Early voting begins Wednesday, July 17. See this article for key info on how to cast your ballot.

In addition to the info below, these candidates have participated in two major public forums. See our articles to read more:

• Women for Kansas Lawrence/Douglas County chapter:
In forum, Democrats running for Douglas County district attorney discuss prosecutorial discretion, June 15

• NAACP + League of Women Voters of Lawrence-Douglas County:
Forum between Douglas County district attorney candidates heats up, June 29

Look for more coverage and candidate questionnaires still to come at lawrencekstimes.com/election2024. 

Jump to a topic:

• 3 concrete actions you’d take
• Why choose you?
• Prosecutorial discretion and marijuana
• Crimes of poverty
• Would you hire your opponents?
• Complaints filed with Office of Disciplinary Administrator
• People feeling targeted by law enforcement
• Role of political party
• Role of DA’s office
• Question for your opponents
• Just for fun

Meet the candidates

Please share briefly your educational background — degrees you’ve received, what year you received them and from which institutions — and when did you pass the bar?

Valdez: University of Nevada, Las Vegas (1991, B.S. Business Management)
University of Kansas, J.D. (1996)
Licensure – Kansas (1996); District of Kansas (1996); Missouri (1997); Western District of Missouri (1997); Supreme Court of the United States (2003)
Resume: At this link

Hill: I have a Bachelor and Master of Science degrees in education from KU. I obtained my law degree from KU as well. I passed the bar 2012.
Resume: At this link

Loomis: Graduated from Pinckney Elementary, Central Junior High, and Lawrence High.
Carleton College – Bachelor’s, 2002
New York University School of Law – JD, 2008
Passed Bar in 2009
Resume: At this link

Direct examination

Q: Please list and describe three concrete actions you will take to improve efficiency, outcomes and justice in Douglas County if elected.

Please be as specific as possible.

Valdez:
First, since I became DA in 2021, I have completely transformed the internal office case management system from paper files to an electronic platform. I have also transformed our traffic court system to an electronic platform. When the Kansas statewide court filing system was compromised in October 2023, my office was able to assist the local district court so that the integrity of our criminal cases were not jeopardized. Going forward, I am committed to transforming our discovery system to a more efficient digitized system for use by our law enforcement partners and defense counsel.

Second, with our ProsecutorbyKarpel (PbK) case management system, we generate detailed data that we can and will publish to the public and use to inform the types of misdemeanor and felony crimes we are reviewing for charging and prosecution. My office will use this data for purposes of appropriating resources both for prosecution in the criminal justice system and for alternative courts, diversion programs, and other criminal justice reform considerations such as those that are important to the Douglas County Criminal Justice Coordinating Council (the CJCC) for which the DA’s office serves an important role.

Third, as DA I am committed to continuing to reduce the criminal justice footprint through education and prevention efforts, creation of neighborhood accountability boards, effective truancy programming, growth of our alternative courts such as adding a Veterans Treatment Court, and efforts to create a Family Justice Center – that will serve as a one-stop multi-disciplinary center to address early childhood trauma related to interpersonal violence in order to fortify victims/survivors and provide early interventions so generational violence and contact with the criminal justice system will be reduced – which will be my goals going into 2025.

***Of course, our prosecutorial resources will continue to be purposed for prosecuting all violent crimes, distribution of controlled substances, and serious felony matters (including firearm offenses) that may require incarceration according to Kansas law.

Hill:
I will resume the filing of all involuntary commitment cases and outpatient treatment orders, which were historically filed by the District Attorney’s Office, to relieve Bert Nash of the financial obligation of paying an outside law firm.

The backlog of unfiled cases with probable cause affidavits will receive immediate charging decisions, as some cases may not be able to be prosecuted due to expired statute of limitations.

I will managing an effective office by retaining or hiring competent and experienced attorneys that can prosecute high level felonies. I will provide training and mentorship to aid in development and to maintain consistent prosecution.

Loomis:
As District Attorney I would institute the three following concrete actions:
1) Hire and retain experienced, ethical prosecutors who can handle high-level and complex criminal cases. These prosecutors can also serve as mentors to those less experienced, but talented prosecutors so that the District Attorney’s Office has a well-rounded and deep team capable of handling all matters before the Court.

2) Work with law enforcement and outside service providers to establish a pre-charging diversion program so people who commit non-violent or low-level drug offenses receive immediate intervention to address any mental health or substance abuse disorders that caused contact with law enforcement. This immediate intervention encourages people to use available services to address underlying conditions, keeps people out of the criminal justice system who are better served by our community partners, and allows the District Attorney’s Office to focus resources on holding accountable persistent, violent offenders.

3) Require all District Attorney staff to complete procedural justice training and implement procedural justice policies in the District Attorney’s Office. This means instilling in all members of the District Attorney’s Office a commitment to treating all people with dignity and respect, making sure people are given a voice so their concerns are heard, and making certain that any decision made in the District Attorney’s Office is made in a neutral and transparent manner. Restoring professionalism and transparency to our justice system will increase trust by individuals and make our community safer and more just.

Q: People have often said that not a lot of folks want to be prosecutors in the current climate. Why do you want this position, and why should voters choose you?

Please feel free to share any personal and/or professional experiences that drive your desire to serve as Douglas County DA.

Valdez: It is no secret that recruitment and retention of quality prosecutors are dilemmas DAs are facing nationwide. According to the National District Attorneys Association (for which I am an active member) heavy caseloads, better pay, exhaustion, stress, anxiety, and negative impacts on physical and mental health are all obstacles to hiring and retaining a qualified prosecution team.

On the flip side, most prosecutors, like me, are consummate public servants, and we are passionate about the work we do, we aim to protect the public, and we are steadfast in doing justice for victims in our community. As DA and a lifelong public servant, since 2021 I have served as a leader in creating an egalitarian culture in my office, where I encourage personal and professional development, a better work-life balance, and empowerment of all my employees through my support.

I have followed through on all the promises I made in 2020 to the Douglas County community. While I have faced many challenges from institutions and people who do not do well with change, I am committed to continue the hard work my DA team is doing on a daily basis. Personally, my lifetime work with victims/survivors of sexual assault and domestic violence, and the death of my younger brother from an accidental fentanyl overdose, have instilled in me the importance of rethinking how we use the criminal justice system. We cannot prosecute our way out of the mental health crisis, we cannot prosecute our way out of drug addiction, and we cannot prosecute basic human rights, such as the right for women to have safe reproductive health choices. The criminal justice system must be used for violent offenders, and prosecutors must find other ways to hold non-violent offenders accountable while helping to ensure these individuals remain on our community where they will hopefully remain with their families and thrive.

Hill: I want to serve as the Douglas County DA because I understand the enormous power that prosecutors have in shaping the criminal legal system. It is imperative for the District Attorney to possess a deep understanding of criminal law and to have experience working with diverse populations, as personal perspectives can impact case interpretation. My entire professional career has been devoted to public service, with an emphasis on assisting the marginalized whose voices often go unheard. I do not maintain close personal relationships with the defense bar that could lead to potential conflicts in prosecution. I also do not have allegiance to the current administration. I have unmatched professional and criminal law experiences. I am committed to serving the public and contributing to the betterment of our community. My campaign exemplifies the value of standing on merit and hard work, hopefully inspiring others to consider prosecution.

Loomis: My wife and I want our children to experience and enjoy the same safety and security I had while growing up in Lawrence. We want our daughters to feel comfortable playing at the train park or walking to Sylas and Maddy’s. I would rely upon the relationships I have built over the past decade as a defense attorney and prosecutor to recruit and retain strong prosecutors and rebuild the relationships with law enforcement and community partners that serve as the backbone of our criminal justice system.

Furthermore, as a defense attorney, I have watched as experienced prosecutors have fled the office, leaving behind overworked attorneys who are being asked to prosecute cases with no notice and no support. I want to end this revolving door and return professionalism and stability to the District Attorney’s Office so we can effectively hold violent offenders accountable for their actions and make our community a safer place to live and raise a family.

Finally, I have also spent the last five years working as the defense attorney for the Douglas County Drug Court. This experience has only deepened my commitment to promoting restorative justice and rehabilitation over punishment for people who deserve a second chance. I have lost over a half dozen clients to addiction since the start of the pandemic and I know that if we want to stop losing our loved ones to addiction we need to get people help immediately instead of waiting months or even years for the criminal system to process people in crisis.

Q: During the June 29 forum, one topic raised was prosecution of simple marijuana possession and prosecutorial discretion. Please explain how you would balance the duty of upholding the law with your discretion regarding laws that the majority of your constituents would consider draconian or invasive of personal rights.

Valdez: I have been clear that the DA’s office (since 2014), and extending to my administration (beginning in 2021) does not and will not prosecute simple possession marijuana violations. This policy decision is a matter of balancing prosecutorial discretion with public safety concerns. To make this point, under Kansas law, jaywalking is unlawful and so is adultery. Thus, as a matter of public policy, prosecutorial discretion, community safety, and the will of the people of Douglas County, these considerations have been greatly helpful in determining how our limited prosecutorial resources are expended. If we prosecuted simple possession of marijuana, we would then be on the hook to expend all our resources prosecuting pot smoking, jay walking adulterers. Silly, but accurate. I hope you appreciate my point.

Hill: Prosecuting marijuana does not mean that I will seek felony drug convictions or incarcerate individuals for possession. Prosecuting marijuana means that I will use my discretion to either dismiss the case, offer a diversion, or plead the case to a non drug offense to make sure the individual does not have an addiction that needs treatment or other wraparound services. I am the only candidate that is a member of Justice Matters and worked on the Vote No Jail expansion. I still a member on the Jail Alternatives with Justice Matters because I believe jails and prisons should be reserved for violent offenders.Dismissing or offering an alternative plea is still prosecuting marijuana possession. Any candidate that does not know how to use discretion to prosecute simple marijuana possession does not have the competence or the integrity to be the next District Attorney.

Loomis: I would use my prosecutorial discretion to not file simple marijuana possession or paraphernalia charges. Period. Limited resources require that prosecutors use their discretion to choose what cases are worthy of prosecution. Misdemeanor, nonperson crimes with no victim such as misdemeanor marijuana possession are the appropriate types of crimes to exclude from prosecution. The District Attorney’s Office should spend its time and resources focused on violent, repeat offenders and crimes committed against vulnerable populations such as the elderly.

Q: To be clear, would you ever file a case for simple possession of an ounce or less of marijuana and/or paraphernalia?

(Only yes/no option given)

Valdez: No

Hill: No

Loomis: No

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Q: Please explain “crimes of poverty,” in your view. How would you handle those crimes if elected?

Valdez: Crimes of poverty are those typically associated with traffic or misdemeanor violations, such as failure to have vehicle insurance and failure to register a vehicle, which can be both costly in the court system. These crimes, by law, authorize exorbitant fines and fees. I am cognizant of how these crimes only perpetuate poverty and involvement in the criminal justice system. It is understandable that individuals with limited income will prioritize paying their rent or buying groceries rather than pay court fines and fees. My DA policy is threefold, and I am always looking for ways to encourage compliance with the law without burdening offenders financially. Here are some of the things we do and will continue to do:

1) Encourage compliance with traffic laws by providing the offender plenty of time and opportunity to, for example, pay for their car tags, and then dismissing the ticket once the offender is in compliance with Kansas law.

2) Providing open access to robust diversion programming. While there may be court and lab costs, as well as other fees that my office has no control over, my office does not charge a diversion application fee or any other DA processing fee.

3) As DA, I am a strong advocate of removing all fines and fees from the Kansas juvenile offender code. Other than restitution, which may be possibly worked off with meaningful community service and/or negotiated directly with the victim, juveniles do not have the wherewithal to pay fines and fees, leaving it to their parents to do so.

Hill: Crimes of poverty are offenses resulting from inadequate access to resources and basic necessities. Through educating at-risk students in an alternative high school setting, I observed how crimes of poverty can create disproportional impact. As an example, families often became involved with the criminal legal system as a result of truancy cases. The school, however, experienced a significant reduction of truancy rates after the introduction of free laundromat services. I also experienced this phenomenon when I worked as a Deputy Public Defender, representing indigent defendants for the State of Kansas.

Due to my experiences, I know how to practice pragmatism. I will prosecute crimes that have an impact on public safety and crimes that involve violence. Emphasis will also be given on providing support and rehabilitation for non-violent offenses. Finally, I will not incarcerate anyone because they are unable to pay cost or fees. Instead, I will offer community service to offset outstanding balances.

Loomis: Crimes of poverty or the criminalization of poverty is what occurs when the criminal justice system makes being poor itself a crime. Acts such as sleeping outside, driving without a license, or failure to pay old fines and fees land people back into the criminal justice system because they lack the means to pay for housing or take care of court costs. Criminalizing this behavior can lead to a cycle of recidivism where people find themselves stuck in the criminal justice system while resources are diverted away from serious crime to handle these minor, economic-based offenses.

As District Attorney, I would advocate for expanded funding for court requirements such as substance abuse assessments, domestic violence assessments, and mental health assessments. Additionally, I would continue the practice of not imposing fines or charging a diversion application fee, diversion supervision fee, or requesting attorney’s fees for all diversions. Finally, I would use prosecutorial discretion to dismiss traffic and low-level offenses where the infraction or crime occurred because of failure to pay fees or fines.

Q: If elected, would you consider hiring any or all of the other candidates running for DA this year?

Please answer for each of your opponents (Suzanne Valdez, Tonda Hill, Dakota Loomis and/or Mike Warner), and share why and/or why not if you’d like.

Valdez: I am always interested in and eager to hire any licensed Kansas attorneys who want to work in my office as ministers of justice. In light of the challenges in hiring qualified prosecutors, I make hiring decisions with an interview process that involves other prosecutors and professional staff in my office. Thus, the decision is not mine alone. The hiring decision is collaborative and the focus is whether the applicant is a team player, has a victim-centered approach to prosecution, has a sense of responsibility and a sense of humor, and will fit into our egalitarian culture. To date, only one of the candidates in this primary election has applied with my office for employment since I have been DA.

Hill: I would only hire Mike Warner because I have witnessed his work ethic when he was a prosecutor in Shawnee County and I was a Deputy Public Defender.

Loomis: As District Attorney all potential employees, including those currently running for District Attorney, would go through the same hiring process. That process would include reviewing an applicant’s professional, personal, and educational experience, referrals from prior employers or instructors, and an interview process to determine if the applicant possessed the experience and temperament necessary to work at the District Attorney’s Office.

Q: We have requested any and all complaints docketed with the Office of the Disciplinary Administrator for all candidates. However, many complaints are resolved short of being docketed, meaning the documentation is not required to be disclosed to the public.

In the interest of transparency with voters, please list and explain any complaints that have been filed against you with the ODA, their status, and their outcome, if applicable. In addition, please explain if you have ever been found to have provided ineffective assistance of counsel.

Please feel free to email us any supporting documentation you’d like to share. (Editor’s note: No candidates sent any supporting documentation in response to this question.)

Valdez: The ODA complaints I have faced and 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. There have never been any ineffective assistance of counsel claims filed against me.

(Editor’s note: The coverage to which Valdez is referring can be found at this link. The only docketed complaint regarding any candidate running for DA was the one described in this article and previous coverage.)

Hill: I have never been found to have provided ineffective assistance of counsel. 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 defendant faced lengthy presumed prison sentences and one defendant must register for life as a sex offender.

Loomis: I have not been censured or otherwise disciplined by the Kansas Disciplinary Administrator. I have never been found to have provided ineffective assistance of counsel.

Q: Some community members who have had prior involvement or family involvement with the criminal legal system feel that they or their family members are subsequently unjustly targeted with cases and unfairly treated by local law enforcement (prosecutors included). How would you respond to those concerns?

Valdez: I fully appreciate this concern, and as a woman of color currently serving as DA, this concern is always on my radar. Prosecutors are ethically prevented from pursuing any “target” prosecution, or a prosecution that is for vindictive purposes, or for any ill-gotten motive. As my office reviews and makes a charging decision, we must proceed on the “probable cause” standard. We then proceed with the case after charging when we believe that we can convict the individual charged with the crimes for which he/she is charged. At any time during the case, if we believe we cannot convict beyond a reasonable doubt, we either amend the charges (downward to reflect the appropriate charge) or dismiss the case if that is proper. My prosecutors and I are bound by these important rules.

In my experience as DA for the past 3.5 years, I have seen families in the criminal justice system. In my opinion, this is likely due to generational violence that has been experienced by the family, where the adult family member(s) are incarcerated and young children grow up in violence and are susceptible to law enforcement contact. I do believe, however, that as a community, we can work together to stop this. Through collaboration with law enforcement and community resources via a Family Justice Center which I hope to establish, all families can get the assistance and support they need to prevent any further violence within the family, can keep our children safe, and can provide a transformative and preventative step toward keeping generational violence from occurring.

Hill: I will respond to any community members concerns through active listening and providing opportunities for feedback. I will investigate and address the concerns, taking action if inappropriateness is uncovered. To prevent targeted prosecution, I will implement standardized policies and procedures to ensure cases are prosecuted based on the evidence, applying the law consistently, and seeking measured sentences that reflect the severity of the crime and other mitigating factors. Finally, I will provide information about filing a formal complaint, even if the complaint is against my office.

Loomis: I have represented numerous people who believe they and their families have been unjustly targeted by the legal system. Restoring trust in our system requires both systemic changes and an emphasis on treating others professionally.

The first step would be to institute a blind charging policy where personal identifying information including age, race, gender, and location is removed from the initial charging documents. This would mean that a charging attorney could only make an initial decision based upon the facts of the case, not the race, neighborhood, or family name of the accused.

Furthermore, I believe it is the responsibility of the District Attorney to listen to any citizen’s concerns regarding bias or unfair criminal justice practices. The District Attorney should establish scheduled community listening sessions to better understand the concerns of community members and engage with local leaders who can provide perspective into how the criminal justice system impacts unique communities within Douglas County.

Q: What is an aspect of the role of the DA/DA’s office that you wish the general public better understood?

Valdez: The DA should be an independent prosecutor that is separate from both the judicial and legislative branches of local government. The DA should exercise her prosecutorial discretion, as I have described above, to use public resources wisely, to ensure public safety, and to mirror the will of the people.

The criminal justice system should be used to hold violent offenders accountable in situations where jail and prison time are warranted. These serious offenses include adult and child sexual assault, interpersonal violence, gun violence and drug distribution. I hope the public understands that these serious determinations that I make on a daily basis always include a delicate balance of policy consideration as I’ve determined along with public safety concerns. These are decisions that must be made quickly due to law. Importantly, our victims are hurting, and the DA’s office cannot make everyone whole after criminality occurs.

We must keep our children safe in all possible ways, including ensuring that kids are going to school, and we must engage in alternatives to incarceration for non-violent offenders so that these individuals can remain within their families and our community.

Hill: There is a misconception that a District Attorney can investigate crimes or file charges independently. Law enforcement conducts investigations and submits probable cause affidavits, enable the District Attorney to initiate formal charges. The District Attorney’s Office and law enforcement have separate functions but must work collaboratively to meet the community’s needs. A district attorney can support the efforts of law enforcement personnel while also expecting accountability.

Loomis: I wish the general public better understood the amount of power and responsibility the District Attorney’s Office has over citizens while also understanding the limited tools a District Attorney has to address the root causes of crime.

The District Attorney decides who is charged with a crime, decides what crime to charge, decides whether to request an arrest warrant, decides whether to offer alternatives to prosecution, decides if a plea is offered and the contents of the plea offer, and decides how to treat victims of crime.

However, the District Attorney has a very limited set of tools to enhance public safety and often only becomes involved after a crime has been committed. Community partners who provide direct services are in a much better position to provide the resources and programming necessary to combat the underlying causes of crime. Douglas County deserves a District Attorney who understands the far reaching impact their office’s decisions can have on individual lives as well as the importance of strong community partnerships and collaborations with outside service providers who do the tough work up front to keep people out of the criminal justice system altogether.

Please share a question we didn’t ask that you’d like your fellow candidates to answer. How would you respond?

Valdez: The DA’s job main responsibilities are three-fold: Administrative, policy-making (with community collaboration), prosecutor. My question would be to the other two candidates: “What administrative experience do you have leading a multi-member office? What budgeting and personnel experience do you have? Also, what policies have you considered to frame how you lead a DA’s office?”

Hill: Has your campaign engaged in hate speech, falsities, or character assassination to discredit another candidate?

No. I have not engaged in divisive politics because I have focused my candidacy on highlighting my skills, qualifications, and experiences.

Loomis: Do you support increasing funding for public defenders and defense services?

I strongly support expanding funding for defense services to ensure that people charged with crimes have consistent and qualified representation. Treating people with respect and dignity requires they receive the same level of services and funding that the District Attorney’s Office enjoys. Additionally, we must stop criminalizing poverty by forcing people to pay for expensive assessments and treatment services before they can resolve their cases. If the Court or the District Attorney believes that people should focus on rehabilitation efforts then we need to put our money where our mouth is and fund these services so people can immediately access the help they need regardless of ability to pay.

Just for fun

Candidates were not required to answer any of these questions, but we wanted to give our readers a chance to get to know them a little better and have some fun with this.

Valdez:

Favorite color? My favorite color is purple. For justice.

Zodiac sign? I am a Capricorn. In other words, I get shit done.

Do you have any pets, and/or what’s your favorite animal? I have a German/King shepherd mix – Luna. I have a two grandcats – Clove and Bull. My DA office is very pet friendly. We welcome our daily DA pets, and we are support supportive/therapy pets in our alternative courts.

What’s a fun fact our readers may not know about you? For 15 years I have been a marathon runner. I run the distance no matter what. I am also a voracious reader, and I am constantly looking for ways and opportunities to improve my work as DA in order to reduce the criminal justice footprint and improve lives.

Favorite book, TV show and/or movie about the legal system? My favorite legal book/movie is “Civil Action.” It portrays the tenacity of a lawyer who is determined to make things right!

Do you have a favorite quote about the legal system, or a quote that inspires you in your career, that you’d like to share? “Shine the light of truth.” I live by this saying every day.

Hill:

Favorite color? Blue

Zodiac sign? Sagittarius

Do you have any pets, and/or what’s your favorite animal? I have two cats, Coach and Harry, that I rescued from the Lawrence Human Society.

What’s a fun fact our readers may not know about you? I started my career as a Social Studies Educator, teaching at-risk students in an alternative high school setting. I was going to major in Deaf Education, so I became fluent in sign language.

Favorite book, TV show and/or movie about the legal system? “Just Mercy”

Do you have a favorite quote about the legal system, or a quote that inspires you in your career, that you’d like to share? “Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.” — Thurgood Marshall

Loomis:

Favorite color? Blue

Zodiac sign? Cancer

Do you have any pets, and/or what’s your favorite animal? Our dog Zero (Nightmare Before Christmas) passed last spring. We are cautiously monitoring the Lawrence Humane Shelter’s website to see if a replacement can be found, preferably when our two-year-old is no longer a two-year-old!

Favorite book, TV show and/or movie about the legal system? Book – “In Cold Blood”; movie – “Michael Clayton”

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This post is by the Lawrence Times news team.

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