Democrat Dakota Loomis and Republican Mike Warner are vying for the top local prosecutor job, Douglas County district attorney.

Loomis won 63.3% of the vote in the three-way Aug. 6 primary election, ensuring the ouster of incumbent Suzanne Valdez.

Warner is the first Republican to file for the seat since 2004.

We did not give candidates a word or character count limit for these questionnaires, but we encouraged them to be concise. Their answers appear verbatim below except for minor edits for clarity.

Loomis and Warner have also participated in multiple forums. Read an article about one of those at this link and watch video recordings of forums on our YouTube playlist.

This is a countywide seat, so this election will be on every Douglas County voter’s ballot.

Early voting began Wednesday, Oct. 16. Voters can request a ballot to vote early by mail through Tuesday, Oct. 29 at KSVotes.org. Polls are open from 7 a.m. to 7 p.m. on Election Day, which is Tuesday, Nov. 5.

Find out more 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 opponent?
• 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?

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

Warner: I earned a B.A. and M.A. in Economics from the University of Missouri at Kansas City and a J.D. from Washburn University in Topeka. I passed the Kansas bar in 1984.
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.

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.

Warner:
1) I will prioritize communication with the public, crime victims, law enforcement, judges, and the defense bar. Initially, everyone involved in the criminal justice system will know that the District Attorney’s office intends to work cooperatively with them to ensure an efficient and fair justice system.

2) I will demonstrate to the public that they have chosen a career prosecutor who values public safety, law enforcement cooperation, and professionalism. I will maintain open lines of communication for all criminal justice system participants and community members for whom criminal justice is essential. I will show this by restructuring the office and redirecting its culture toward professional prosecution, not conflict with judges, defense attorneys, newspapers, or victim groups.

3) I am dedicated to addressing the issues in the current office and restoring competent public service that is free from politics, drama, and conflict. I will demonstrate that I am not controlled by a political party, leader, or ideology. I will not be preoccupied with reelection concerns or with pleasing business donors, political sponsors, or numerous local attorneys who have provided financial support. I will demonstrate that I am a career, professional prosecutor without my opponent’s numerous potential conflicts of interest.

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.

Loomis: My wife and I want our children to experience and enjoy the same safety and security I had while growing up in Douglas County. We want our daughters to feel comfortable playing at the train park, going to our wonderful public library, or walking to Sylas and Maddy’s. I want to put the 13 years of criminal litigation experience I have to work for Douglas County.

Having worked as Deputy Chief of Staff in the Shawnee County District Attorney’s Office, run the Baldwin City Attorney’s Office, and managed my own criminal defense practice here in Douglas County I have a breadth of local experience that will serve our community well. As a prosecutor, I have trained law enforcement officers, managed staff, handled the charging of all domestic violence cases in Shawnee County, prosecuted cases, and developed office policies and procedures. As a defense attorney, I have spent the past 10 years handling roughly 500 adult and juvenile felony matters in Douglas County while also serving as the Douglas County Drug Court defense attorney. During this time, I have built trust with our court, local law enforcement agencies, and our community partners who serve survivors of crime as well as my clients.

Unlike my opponent who is treating this position as a short-term retirement hobby, I am committed to working as long as it takes to repair the District Attorney’s Office and  keep our community safe. Our community needs a District Attorney who is intimately familiar with our criminal justice system, is connected to our community, and can hit the ground running from day one. I am the only candidate for District Attorney who has the experience that matters for Douglas County.

Warner: I am running for District Attorney to give Douglas County voters a choice of candidates for the first time in 20 years. The District Attorney’s Office has been controlled by a single party since 2004. Only one party has chosen a DA; typically, it is by primary vote alone. Party affiliation was a more critical selection criterion for the past 20 years than actual prosecutorial experience. This predisposition led to the incumbent’s election and subsequent problems over the past four years.

I want to offer my career prosecutorial experience to all county voters and allow them to decide what is important. Is it more important to vote for a specific party based on dislike for the opposing party’s national or presidential candidate, or can voters differentiate between local candidates based on their qualifications and ability to do the job? My candidacy is based on my trust that Douglas County voters will make informed choices.

Q: During a June 29 forum ahead of the primary election, 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.

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.

Warner: As my response to the next question will show, I will not expend county resources prosecuting marijuana possession cases. The only time prosecutorial resources may be directed at marijuana cases would be in larger-scale drug distribution situations where the sale of large amounts of marijuana is in conjunction with the distribution of other dangerous drugs combined with illegal money, firearms, and violence.

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)

Loomis: No

Warner: No

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

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.

Warner: Without factual context, it is challenging to know what “crimes of poverty” are. Status offenses or violations that result from poverty or homelessness (loitering, trespassing, improper sleeping, or physical placement) are generally municipal court violations and not charged in District Court. As a District Attorney, I will have no desire to charge any person with a crime based solely on his or her economic status. Alternatively, speaking to the generality of the question, there’s a famous quote about robbing banks: “That’s where the money is.” In short, many crimes possess economic motives. I believe, however, that this is distinct from what is described in this question as crimes of poverty. I will, however, remain attentive to situations where poverty seems to be the root issue rather than criminal behavior and offer alternatives to criminal charges.

Q: If elected, would you consider hiring the other candidate(s) who ran for DA this year?

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.

Warner: Given Dakota Loomis’ work as a criminal defense attorney, he would be an excellent addition to any prosecutor’s office. This would allow him to gain actual felony prosecutorial experience and fully understand the challenges of working daily as an Assistant District Attorney. Tonda Hill has prior prosecutorial expertise, especially in the area of persons and violent crimes, and would bolster the staff of any prosecutor’s office. I just want to make a lighthearted request that everyone refrain from trying to boss me around.

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.)

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.

Warner: None

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?

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.

Warner: I have previously stated publicly that elements of bias and discrimination are endemic to the criminal justice system and many other aspects of our national culture. It is an unfortunate and unavoidable aspect of our institutional systems. I will remain diligent and responsive to any alleged targeting of individuals or families based on race, gender, sexual orientation, or gender identity. Expressed directly, I will not ignore or rationalize such situations and take steps to reconcile, and repair the situation.

I would also encourage the establishment of regular community and law enforcement-based communication sessions to enhance feedback between citizens, law enforcement, and the District Attorney’s office. These sessions will encourage dialogue between citizens concerned about disparate treatment and hopefully encourage understanding and change. Additionally, I will maintain open communication links to all groups, individuals, and families who legitimately believe they have been unjustly targeted by the law enforcement system.

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

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.

Warner: The District Attorney’s office cannot resolve every social, economic, or additive issue confronting the county. Other agencies must support the office, and the office must have adequate funding to assist victims and provide helpful juvenile justice resources.

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

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.

Warner: How much of a jury trial presence do you want to have as District Attorney? Do you see your role as lead trial attorney or more of an administrative or office manager position?

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.

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”

Warner:

Favorite color? Light blue

Zodiac sign? Gemini

Do you have any pets, and/or what’s your favorite animal? There is one French Bulldog and two cats. All three pets are double-digit in age, very expressive, and self-determined. I am honored to serve each of them.

What’s a fun fact our readers may not know about you? I originally wanted to become a college professor because it seemed I could get paid to read, talk and not work a fixed schedule.

Favorite book, TV show and/or movie about the legal system? The 1987 movie “Nuts” with Barbara Streisand and Richard Dreyfuss.

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? I have been inspired by the writings of Viktor Frankl and try hard to follow his advice.

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This post is by the Lawrence Times news team.

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