Public commenters tell Norfolk council federal law could be implicated if new prosecutor role violates Grand Jury protections
Loading...
Summary
Two Washington-based speakers told the Norfolk City Council that using information charges instead of grand-jury indictments can violate the U.S. Constitution and cited federal statutes; city staff responded that the proposed position would work with social services and not carry prosecutorial authority.
Tannenwood Downing, a civil-rights advocate and litigator from Washington, D.C., told the Norfolk City Council that state practices allowing prosecution "by information" rather than by grand-jury indictment raise constitutional problems and that he is preparing litigation. "States cannot enact their own alternative legislation, substitute that for the guarantees of the Constitution," Downing said, and said he had provided a written notice for the record asking the city to confirm the proposed hire would not cause constitutional violations.
Jessica Saxon, also from Washington, D.C., echoed Downing and cited federal criminal statutes, saying that "18 U.S.C. 241, 242" and "18 U.S.C. 4" could apply if a prosecutor "deprives your citizens of rights that are secured and protected by the Constitution." She urged the council to confirm the lawfulness of any appointment before hiring.
City staff responded to the speakers’ concerns. Mr. Pichel (identified in the meeting record as a city staff member) told the council that the individual on the docket would "be working just with our social services system and not involved in any prosecution," and that local staff cannot direct commonwealth prosecutors.
Why it matters: The speakers framed their remarks as potential federal constitutional claims tied to a local personnel decision. Council members and staff have limited authority over commonwealth prosecutors; the staff comment emphasized that the position under discussion would be positioned within the city's social services framework rather than in a prosecutorial office.
What to watch next: The speakers provided written material to the record and signaled potential future litigation. Council action on related personnel items or any further staff clarification of the position’s duties would be the next formal step.
