The Denver Post sent a questionnaire to each of the candidates on Colorado’s primary ballot to give voters a little more insight into their platforms. Their answers (very lightly edited for spelling and formatting) are below. For more coverage of the 2016 Primary election, check out .
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Caryn Datz • Dave Young
Caryn Datz
Age: 39
City of residence: Broomfield
Length of residence: 4 years
Hometown: Grand Rapids, Mich.
Profession: Prosecutor
Education: Juris Doctor, cum laude, University of Miami School of Law, 2001, Bachelor of Arts, English and Spanish, University of Wisconsin, 1998.
Family: Husband Jonathan Datz, children Michael (8) and Henry (6)
Experience: Member, Moving to End Sexual Assault (MESA) Steering Committee, Current co-chair of the Criminal Law Section of the Boulder County Bar Association, 2015-2016 term.
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Why are you running for office?
I am running for District Attorney for the 17th Judicial District to restore the relationships between the District Attorney’s Office and the community. Since my opponent’s election in November 2012, the office has had to hire nearly 40 new attorneys, almost a dozen managers, and additional numbers of investigators, victim advocates, and support staff. This unprecedented loss of talent and experience has had a ripple effect on our community safety, service to victims, and communication between the DA’s office and law enforcement. The fracturing of these relationships requires immediate action.
I will bring unique perspectives to the role of the District Attorney. I started at the 17th Judicial District Attorney’s Office as an entry-level Deputy District Attorney and worked my way up to upper level management as a Chief Trial Deputy. In this role, I trained and mentored over a dozen attorneys with a successful participative management style. In my career, I have prosecuted thousands of cases, from simple misdemeanors to sexual assaults and homicides.
I am the only candidate that brings the personal experience of being a victim of a violent crime and understands first-hand the desire to protect our community and the rights of victims. I am also the only candidate that has prior experience as both a criminal defense attorney and prosecutor. I served as a public defender for several years and know that everyone in the system deserves a fair shake. The community is ready for a District Attorney that will listen to and engage with community members, leaders, law enforcement, and other stakeholders to understand concerns and ensure transparency and responsiveness from the District Attorney’s Office.
What is the biggest problem you see with your party?
The Democratic Party is not attracting and retaining as many new members and candidates as it once did. More than ever, people are feeling pushed away by both major political parties due to a perception that the parties prioritize power over principle. My party needs to support new and energetic democratic candidates that support their core principles, such as women’s rights, the rights of employees, and the protection of all people, regardless of color, creed, ethnicity, sexual orientation, etc. so that all people in our community receive equal protection and due process.
What three policy issues set you apart from your opponent?
• I believe in the specialization of sexual assault for adult survivors. Currently, the 17th JD DA’s Office has no such specialization. This area of prosecution is extremely complex and requires expert training. I will immediately address this gap in victim services by establishing an Adult Sexual Assault Unit with dedicated prosecutors, investigators, and staff. This unit will work collaboratively with law enforcement, mental health and medical professionals, case workers and victim advocates to make sure survivors are best served, offenders are held fully accountable for their actions, and our community is kept as safe as possible.
• I believe in active community outreach to fully understand and address the needs of our large and culturally diverse district. We need to keep as many people as possible out of the criminal justice system, rather than focusing on conviction rates and trial statistics. I will do this by establishing a modern community protection team to protect our most vulnerable – the disabled, the elderly, immigrants, and juveniles. I will partner with community leaders to create educational and mentorship programs to prevent crime by expanding therapeutic intervention courts as well as restorative justice and diversion programs.
• I believe in prioritizing diversity at the District Attorney’s Office. The criminal justice system should reflect the community it serves. Currently, there is only one woman in the upper level management of attorneys, and only a few attorneys of color. I will partner with local law schools to develop a robust internship program that will attract, mentor, and retain attorneys of color and women to increase diversity within the office and ensure all attorneys and staff have an opportunity to advance into positions of leadership.
What are the biggest areas of agreement between you and your opponent?
My opponent and I both support juvenile diversion programs and therapeutic intervention courts. We also agree that public safety is a priority, but differ as to how that can best be accomplished.
What is your stance on the death penalty and when is it appropriate to seek the sentence?
I am opposed to the Death Penalty and would support legislation to repeal it, unlike my opponent who has defended its practice as a tool for plea-bargaining. I believe that valuable financial resources should be diverted from costly death penalty litigation into: (1) resolving cold case homicides; (2) implementing crime prevention measures (3) supporting services for domestic violence survivors and child-victims, and (4) supplying additional equipment and training for law enforcement.
How do you plan to handle officer involved shootings, including charging decisions, and how would that process differ from current practices?
The DA’s Office is a member of the 17th Judicial District Critical Incident Team, a multi-agency collaborative law enforcement investigate team comprised of several law enforcement agencies within the 17th Judicial District. The Office will continue its partnership with this team to continue its mission of transparency in investigation of critical incidents by an independent fact-finding group.
Currently, the preparation of summary letters outlining the investigation and charging decision
are taking up to 3-4 months to prepare, causing frustration among law enforcement and the public. Also, in a recent case, the decision and summary letter were released to the press before all of the officers involved were notified. Under my leadership, these letters will become a greater priority, with a view toward greater transparency to both the public and the officer involved. I will also afford officers the same constitutional rights that are afforded to the citizens they serve. I will also seek to increase training available to officers in the area of mental health so that conflicts can be avoided as much as possible.
What would you do to address racial disparities in the criminal justice system?
It is indisputable that people of color are overrepresented in the criminal justice system and are incarcerated at much higher rates than others. This unjust reality is the result of both unrecognized bias, as well as acts of discrimination within the system, and both need to be addressed.
I will collaborate with community leaders to track data and monitor the demographics of offenders from the time of a stop, through arrest, conviction and sentencing. I will support and implement trainings on recognizing implicit bias to help internally monitor the prosecutorial practices of the office. I will actively work to address implicit or unconscious bias as it occurs through charging, plea bargaining and sentencing practices. I will support the work of committees comprised of defense attorneys, prosecutors, mental health workers, sociologists and others specifically tasked with finding solutions to racial disparity in the criminal justice system. I will support community police measures and active community partnerships, such as youth mentorship and youth task force programs to provide outreach to school districts and work toward a proactive rehabilitative response to crime in the hope of ending what has been called the “pipeline to prison.” I will also support bail bond reform to help keep low-level offenders from being incarcerated solely due to their financial status.
What changes would you make to the current office in your district? Would you implement or eliminate any specific units?
As District Attorney, I will increase diversity by actively recruiting and hiring people of color. I will partner with local and regional law schools and bar associations to develop a culturally competent internship program that will attract, mentor and retain attorneys of color, women, and other minority groups. Additionally, all staff will be encouraged to engage in community volunteer work so that the office can be an active and responsive community partner.
I will implement a modern community protection team to protect our must vulnerable – the disabled, the elderly, immigrants, and juveniles. Unlike the current Economic Crime Unit, this team will engage in active community outreach, trainings and mentorship programs to fully understand the diverse needs of our large and diverse district and be as responsive as possible.
I will also implement an Adult Sexual Assault Unit to bring an important specialization to the 17th Judicial District. This unit will work collaboratively with law enforcement, mental health and medical professionals, case workers and victim advocates to make sure survivors are best served, offenders are held fully accountable for their actions, and our community is kept safe.
How would you approach mental health in the criminal justice system?
Addressing mental health issues is a top priority. Almost 20% of all inmates in Colorado have a serious mental illness, often resulting in longer jail stays, higher rates of recidivism and increased costs to taxpayers. I will seek to expand community-based mental health treatment programs as well as mental health treatment courts to offer problem-solving solutions for offenders. I will continue to support programs such as Community Engagement, Supervision and Evaluation (CESE), but also seek to expand acceptance criteria and explore purely diversionary programs as well.
How would you approach or change how juvenile offenders are handled by your respective office?
I will personally work to end what is called the “pipeline to prison” in our community by engaging in active community partnerships that help keep our kids in school, and off drugs. I will partner with our school districts to help create after-school and mentoring programs to increase juvenile crime prevention. I will work to expand the juvenile diversion and restorative justice programs so that they can reach all of the juveniles in our district, not just those in certain geographical areas. No juvenile should be disqualified from these programs due to the costs of these programs or because of where they live.
Dave Young
Age: 51
City of residence: Thornton
Length of residence: 11 years
Hometown: Colorado Springs
Profession: District Attorney
Education: BA from Midwestern State University, JD from University of Wyoming College of Law
Family: Wife of 19 years, Denise. Two boys Owen 16 and Christian 11.
Experience: 25 Years as a Prosecutor, 3.5 years as the Elected District Attorney for the 17th Judicial District, First Assistant District Attorney to Don Quick 2.5 years, Chief Trial Deputy for 5.5 years, Homicide Prosecutor for 13 years in the 4th Judicial District. Governor appointed to the CCJJ, Chair of the 17th Judicial CJCC, Board member Adams County Youth Initiative, LINK Board member, Mapleton School District Foundation Board member, CDAC Governing Board member. Over 100 Jury Trials, Over 30 Homicide Jury Trials, Involved in over 200 homicide investigations in my career.
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Why are you running for office?
I am seeking re-election:
(1) To keep integrity and experience in the District Attorney’s Office to assure that everyone who enters the criminal justice system will be treated fairly.
(2) To maintain the highly successful programs that we established in my tenor as District Attorney, such as our Diversion Program that has a 90% success rate for keeping both adult and juvenile offenders out of the criminal justice system. (3) To continue to build upon new programs such as our specialized prosecution units that handle economic crime and human trafficking cases. Our white collar crime unit has already achieved over $1,000,000 of court ordered restitution to victims of crimes that were ignored prior to the establishment of the unit. (4) To continue to aggressively prosecute violent offenders who take advantage of our most vulnerable population such as children, women and the elderly. (5) To continue with community outreach programs that help assure that our community is a safe place to live by educating people to protect themselves against becoming a victim of crime. (6) To continue to enhance our specialty court programs such as drug court and veterans court that focus on the unique factors of individuals to keep them out of the criminal justice system. (7) To continue the collaborative efforts of district and state wide professionals within the system to identify alternatives to incarceration, as well as enhance the overall effectiveness of the criminal justice system.
What is the biggest problem you see with your party?
Divisiveness. In the past several months, I have perceived fellow Democrats become divided on basic issues on which we should be unanimous such as public safety of our community. In the face of the continued success and achievements of the 17th Judicial District Attorney’s Office, my opponent has tried to create separation in the way we approach the handling of various cases such as sexual assault, domestic violence, and officer-involved incidents. The reality is that each case is unique based on the distinct nature of the evidence, the rights of the victim, and the expectations of the community.
What three policy issues set you apart from your opponent?
1) Budget management. Since I was elected District Attorney in 2013, I have taken an aggressive approach to the effective management of our budget and am very grateful for the financial support provided to my office by the Adams County Board of County Commissioners. Over the past three years, we have increased our budget from just under $15 million dollars to more than $17 million annually. As a consequence, we have been able to change our management structure and increase our office personnel to better handle the cases that effect our community. My opponent has openly stated that her inexperience with managing a budget is of no significance.
2) Administration. In my administration, I encourage collaboration amongst units and diversification of experience. Whether my decisions relate to filing criminal charges or promotions within the office, I include multiple managers to contribute to the decision-making process. Additionally, I believe that being smart and effective with regard to public safety in our community can be achieved independent of partisan politics. My opponent has openly criticized the effective management of my office and the lack of public awareness of my political affiliation, apparently suggesting that she would implement some different approach to decision-making both within and outside of the office.
3) Innovation. In my tenure, I have demonstrated a commitment to the effective use of resources and technology in the prosecution of criminal cases. The 17th Judicial District was the first metropolitan jurisdiction to file cases electronically, and we have implemented an electronic file management system within the office to save resources and enhance the efficiency of our staff. I have also expanded our Diversion Program to better address the needs of our community to keep both juveniles and adults out of the criminal justice system. My opponent neither has experience with the implementation of operational systems nor the development of innovative programs that offer alternatives to the justice system.
What are the biggest areas of agreement between you and your opponent?
As my opponent’s Chief Trial Deputy when she was in our office, I trained her and in fact conducted her first felony trial with her as a prosecutor. I would hope that she continues to instill the values she learned from me as to what it means to be a prosecutor, which is to do the right thing on every decision you make regardless of the politics that may be involved with the decision. My opponent is one of many prosecutors that have gained from my experience as a career prosecutor. Apparently my opponent shares my belief on the importance of community outreach such as the establishment of our Citizens Academy to educate the public on the criminal justice system. Our fraud presentations conducted throughout the district. The need to have an established social media outlet such as Facebook to keep the public informed as well as an accessible easy to use website which are two area that were established after I was elected.
What is your stance on the death penalty and when is it appropriate to seek the sentence?
Despite various legislative challenges, the death penalty has not yet been repealed. District Attorney’s take an oath to enforce the laws of the state of Colorado when they are sworn into office. As such, I recognize the death penalty as a maximum penalty under the law. Through my tenure as District Attorney, I have been involved in the consideration and filing of over seventy class one felony charges, all of which were eligible for the death penalty. I have not sought the death penalty in one single case. There can be no categorical answer for when it is appropriate to seek a death sentence. I believe that the maximum penalty is reserved for those cases with unique sets of facts that fulfill the legislative criteria that exists under the law. I do not believe that the topic of the death penalty should be used as a tool to effect political change.
How do you plan to handle officer involved shootings, including charging decisions, and how would that process differ from current practices?
The 17th Judicial District Attorney’s Office has established the state-wide model for the handling of officer-involved shootings for more than twenty years. Long ago, we developed the Critical Incident Team, a collaboration of experienced independent investigators from various agencies throughout the District who investigate the incident and present their findings to our office for an evaluation of the evidence and to discuss whether or not criminal charges should be filed. Since 2013, I committed to making this process transparent, as well as the decisions regarding the incidents. The detailed decision letter regarding every officer involved shooting is posted on our office website at the conclusion of the investigation. I will continue this process. In the event that charges are filed against a law enforcement officer, I will handle the case no differently than any other case that is supported by the evidence gathered in the investigation.
What would you do to address racial disparities in the criminal justice system?
Generally speaking, I am committed to a standard of practice of filing and prosecuting a criminal case based solely upon whether there is sufficient evidence to prove a case beyond a reasonable doubt at trial. Unless identification of the offender is an issue in the investigation, the offender’s race has no bearing on the decision to prosecute. Unfortunately, despite our best efforts, I recognize that studies continue to demonstrate racial disparity in the criminal justice system. I believe that is not a product of our filing standards, but rather a result of a failure to allocate resources available within our community to help those most susceptible to becoming involved in criminal activity.
Currently, law enforcement agencies enter ethnicity data at the time of arrest. However, one of the difficulties with any tracking measure is to implement a consistent definition of “race” or “ethnicity” to eliminate the broad categories that may not accurately encompass the cultural makeup of our community. Further specifying these categories and making them uniform across all agencies will help ensure accurate tracking measures. In addition, we must continue our training of law enforcement to reduce the potential for racial disparity in the criminal justice system. Cultural competency training as well as openly discussing unconscious biases that are present in all of us is a big step in reducing or eliminating racial profiling.
If resources allow for it, community policing is also a huge step in alleviating this issue. If the citizens in a neighborhood know their police officers and the officers know them, we can instill a great deal of trust between the two groups. I am a member of the Key Community Response Team (KCRT) in Aurora that addresses this issue with the involvement of community leaders, law enforcement, pastors and several non-profit groups in the city of Aurora.
What changes would you make to the current office in your district? Would you implement or eliminate any specific units?
I will continue to enhance the specialized units within our office. My future goals include enhancing our victim services unit so that we can better meet the needs of victims that are affected by crime. For instance, with the implementation of our human trafficking unit, we have discovered the special needs of victims affected by trafficking. We are currently working with other governmental agencies to help identify these victims. We need to better equip ourselves to offer them services that meet their needs. We are fortunate to have both state and federal funding currently to assist with these various specialized needs, but I would continue the effort to allocate resources to serve these individuals within our community.
How would you approach mental health in the criminal justice system?
Issues surrounding mental health in the criminal justice system affects both the offender and the victim of crime. Regarding the mental health of the suspect, we currently evaluate it in two ways: one, in determining whether there is sufficient evidence to file the criminal charges; and two, in assessing the appropriate resolution. To file a case, the evidence must demonstrate that the individual had the requisite mental state for the commission of an offense. The existence of a mental illness may prevent the filing of criminal charges. On the other end of the spectrum, mental illness may demand a resolution of the case that allows for allocation of resources to assist with rehabilitative efforts. We have prosecutors dedicated to collaborative teams that evaluate both adult and juvenile cases within the 17th Judicial District Court for acceptance into programs to assist with mental illness. In addition, I chair the Criminal Justice Coordinating Committee (CJCC) that has a subgroup committed to identifying resources for those affected by mental health who enter the criminal justice system. This committee includes professionals such as probation officers, mental health providers, prosecutors, defense lawyers, judges, and law enforcement officers. As it relates to victims, we will continue to work with outside agencies to offer services to assist them with their specialized needs.
How would you approach or change how juvenile offenders are handled by your respective office?
Juvenile offenders are screened by our intake prosecutors who specialize in the handling of juvenile cases. I am very fortunate to have a group of prosecutors in our Juvenile Unit that share my passion for juvenile crime. We focus on what is in the best interest of the offender, while taking the victim’s perspective in mind in reaching a fair outcome in the case. We take a very aggressive approach to redirect most of these cases to our Juvenile Diversion Program so that these kids have the opportunity to maintain a clean record. Unlike other jurisdictions, we divert the majority of these juvenile offenders pre-filing so that they may never have to step foot in the courthouse. We established one of the first juvenile sexting diversion programs in the State that includes an education program for the offender as well as their parents. Since I took office we started keeping stats on our Diversion Program and if they successfully complete our Diversion program, there is a 92% success rate that they will not re-offend.
