Mayor Wheeler Issues Statement on U.S. District Judge Michael H. Simon's Ruling Impacting the Community Board for Police Accountability

Yesterday, a unanimous City Council joined with the United States Department of Justice and police labor partners to move forward with implementing a new police oversight system, as required by the City's Charter. Arguments in favor of moving forward were presented by attorneys for the City and for the United States after months of work and a shared commitment to proceed, Judge Simon decided to delay the implementation of the new system until the future City Council-perhaps with different politics-can fulfill that obligation in the manner of their preference.

Judge Simon's decision is reminiscent of the way Sen. Mitch McConnell handled Merrick Garland's nomination to the United States Supreme Court in 2016. Like Sen. McConnell's decision then, the decision yesterday by Judge Simon, an unelected official, was driven by politics.

To make matters worse, the judge told the current City officials they could appeal the decision if they were unhappy, knowing full well that an appeal would not offer a timely remedy before 2025. Just as Sen. McConnell ran out the clock on President Obama's nomination of Merrick Garland, Judge Simon has decided to run out the clock on the current elected City Council's appointment of the new police accountability board. While we have come to expect that from politicians like Sen. McConnell, Portlanders should expect more from their federal judges than legal decisions premised on political views.

The City has worked hard to move this forward, and we are grateful for the sustained and difficult work many stakeholders have all put into this effort, all of whom wanted to move forward now. An unelected judge ignored that consensus, and instead folded under the pressure of a narrow perspective, first raised over four hours into the hearing by JoAnn Hardesty, who voters declined to reelect in 2022.

I will continue to do all I can now to successfully implement the new police accountability system approved by voters. We will move forward with the code changes and the recruitment of a temporary staff member to support the incoming council in standing up the new system. But Judge Simon's decision yesterday pushes the critical next step of appointing the board into 2025, and that delay frustrates the public's desire for police accountability now. Judge Simon thinks his delay is wise, but I believe it is short-sighted. Time will tell, but Judge Simon now owns the consequences of his delay. Portlanders deserve better.