Philly’s elected prosecutor sues to stop law designed to limit authority on transit system crimes

Philadelphia’s two-term elected district attorney said Thursday he wants a court to halt plans to appoint a special prosecutor who would handle crimes on the city’s public transportation system under a new law intended to strengthen his authority and which he believes is unconstitutional.

This isn’t the first time progressive prosecutor Larry Krasner has gone to court over the efforts of lawmakers, who he says exceeded their authority to punish him over political differences.

“When I made the unexpected decision to run for district attorney in 2017, I thought that meant a district attorney,” Krasner said at a news conference about the lawsuit. “I didn’t know that the DA actually stood for advocate of democracy.”

The measure, which received bipartisan support in the House of Representatives and was signed last month by Democratic Gov. Josh Shapiro, created a special prosecutor with the authority to investigate and prosecute crimes that occur on the city’s public transportation system. the Southeastern Pennsylvania Transportation Authority (SEPTA). ).

The lawsuit seeking to block implementation of the law alleges that the special prosecutor would take 89% of the city’s land area out of the district attorney’s jurisdiction. The lawsuit calls for the law to be struck down and an injunction issued to prevent Attorney General Michelle Henry from implementing it.

The attorney general’s office was ordered to appoint the new special prosecutor within 30 days. The deadline is this week. The law requires that the prosecutor must not have worked for that office or for Krasner in the past six years, must have five years of criminal record in the state, must be in good standing with the bar for 10 years and be a resident of Philadelphia.

“Our office has worked diligently to meet the mandate to appoint a special counsel, but given the limited requirements set by the Legislature, we have not been successful,” Henry said in a statement.

She added that it was not her office’s duty to “determine the wisdom of policy.”

“The Office of the Attorney General also does not have the power to declare the statute unconstitutional on its own — that power rests solely with the judiciary,” Henry said. Unless a court finds it unconstitutional, the agency must carry out the mandate, she added.

The complaint, filed Thursday, alleges that the law specifically targets Krasner and his office, discriminates against Philadelphia and its constituents compared to other counties served by SEPTA, and that the state constitution does not allow a special counsel to override the authority of Krasner ‘repels and nullifies’. among other things.

John Summers, Krasner’s attorney, called the measure a “constitutional train wreck.”

“It is a tangle that cannot and should not be enforced, and that is why the district attorney has filed a lawsuit seeking a judicial declaration and an injunction to prevent this from happening,” Summers said.

Republicans defended the legislation, saying it is intended to make the city safer and highlighting its bipartisan passage. They have said such a move was necessary because high-profile violent crimes, such as gun crimes, were not adequately prosecuted.

“It’s time for DA Krasner to stop playing political games and start working with both Republicans and Democrats” to ensure the safety of Philadelphians, said Republican Senate Leader Joe Pittman of Indiana County.

The bill’s sponsor, Sen. Wayne Langerholc, a Cambria County Republican, said it would not take power from Krasner or infringe on his jurisdiction. He called Krasner’s portrayal of the legislation a “falsehood.”

“I would encourage those who have spoken so loudly against the bill to pick up a copy and read it,” he said.

At the news conference, Krasner rejected that criticism, saying his office has prosecuted 92% of the crimes SEPTA has sent to his office. He warned that if the court agrees with him, all cases prosecuted by the special prosecutor could be quashed.

Krasner has clashed with lawmakers in Harrisburg for years. He was impeached by Republican members of the House of Representatives in November 2022, but a Senate trial has stalled after Krasner filed a lawsuit to stop it. His case is now before the state Supreme Court.

Krasner’s election as president in 2017 came amid a wave of progressive victories, campaigning on policies that included diverting to mental health or substance abuse for low-level crimes, making police more accountable and proactively efforts to free wrongfully convicted prisoners.

But progressive prosecutors have faced criticism and criticism from conservative lawmakers. In San Francisco, Chesa Boudin was recalled by voters, while St. Louis Circuit Attorney Kim Gardner resigned after a turbulent term that included criticism of her policies by Republican lawmakers in Missouri.

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Brooke Schultz is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.