Hotly contested May primary race for Lincoln County district attorney pits two candidates with different views of the office

 

By QUINTON SMITH/YachatsNews.com

The mid-term resignation of Lincoln County’s district attorney last fall and the governor’s replacement appointment in January has resulted in a vigorous and acrimonious race in the May primary election.

The contest to see who becomes Lincoln County’s top criminal justice official is the most heated local political race in the May 19 election. Unable to campaign door-to-door or make speaking appearances because of the coronavirus pandemic, District Attorney Jonathan Cable and Deputy District Attorney Lanee Danforth are advertising heavily and using social media to state their platforms, positions and many disagreements.

Ballots were mailed this week; they are due by 8 p.m. Tuesday, May 19.

Cable worked in the DA’s office for nine years starting in 2006 before going into private practice in 2016. Gov. Kate Brown appointed Cable as district attorney on Jan. 17, replacing Michelle Branam who had resigned in September. The governor selected Cable over three other applicants, all of whom were deputy district attorneys at the time.

A week after the appointment, Danforth, who joined the DA’s staff in 2018 after short stints in Coos County and Clark County, Nevada, filed to run against him.

But there is a third person on the ballot – Kenneth “Rusty” Park, who is also a deputy district attorney.

Park was one of the four attorneys who sought appointment to the position and filed for the May primary before the governor made her appointment. But unlike Danforth and Cable, Park never started campaigning for the job. Three weeks after the deadline for taking his name off the ballot he suspended his campaign and threw his support to Cable.

Now, if none of the three wins more than 50 percent the vote, the top two go to a runoff in the November general election to see who gets the new, four-year term.

Cable and Danforth have largely funded their own campaigns, according to campaign finance reports filed with the Oregon Secretary of State.

Danforth has contributed nearly $30,000 to her own campaign as of April 22, reporting just two outside contributions totaling $300.

Cable has contributed $20,000 to his campaign and received $4,183 from Brian Gardner, who he appointed as chief deputy district attorney and is Cable’s campaign treasurer. Cable reported seven other contributions ranging from $100 to $900 and smaller contributions of under $100 totaling $772.

The district attorney has a yearly budget of nearly $3 million and supervises a staff of 33, including at least nine deputy district attorneys. The state sets the DA’s salary is $106,000 a year; Lincoln County currently adds another $17,000.

The district attorney’s staff has been hampered by turnover for years, as younger or less experienced attorneys begin their careers there and then move on.

The first contested DA’s election since 2008 has also created divisions in the office, with at least three current deputy district attorneys and one former one publicly supporting Danforth. Cable’s supporters in the office have also been publicly critical of Danforth. Cable cites his experience as a prosecutor and in private practice, Danforth is touting her work ethic and legal knowledge.

YachatsNews gave the two candidates eight questions and then had each candidate ask a question of the other. Below are their responses.

Why did you become a lawyer? And then what led you into the district attorney’s office?

JONATHAN CABLE: I come from a law enforcement background. On my father’s side, my great grandfather was a county prosecutor, grandfather an FBI agent and attorney, grandmother an FBI employee, and my maternal grandfather was a police officer. My father retired a few years ago from the IRS. And my mother’s last job before retirement was as an x-ray technician at a county jail. My father-in-law is a retired chief deputy sheriff in Ohio. My family always stressed the importance of public service — and law fulfills that tradition.

In law school, criminal law interested me because of the tremendous impact it wields on people’s lives. I went through the school’s prosecution clinic through which I tried cases. This experience solidified my goals to give voice to and stand up for victims.

This path led to my relocation to Lincoln County in 2006, which also allowed me live closer to family. What better place to be a prosecutor than in one of the most beautiful places in the world? And what better opportunity to exercise a positive influence on an entire community and do the right thing than to become a district attorney in Lincoln County.

When district attorney Michelle Branam resigned last fall I entered the state’s appointment process to replace her because I saw a serious need. Soon two other experienced prosecutors left as well. Of those remaining in the office, none of the trial lawyers had been there more than four years. I believed I embodied the experience that was needed, especially having trained newer prosecutors in the office for several years. I also convinced Brian Gardner, who practiced criminal law for 25 years (nine years in the DA’s office), to become my chief deputy. We have lived here more than 14, and 12 years, respectively. This is our home. And this position is far too important for this community to not make the effort.

LANEE DANFORTH: I never envisioned myself being a lawyer and I took a much different path than most. I majored in social work in college and was committed to a life of helping people. I began my career as a victim advocate in the Washington County district attorney’s office. After working with hundreds of crime victims, watching multiple trials, and interacting with over 40 deputy district attorneys and 12 circuit court judges over the course of two years, I decided I wanted to be a prosecutor.

I am a native Oregonian and I love the coast. My first job as a deputy district attorney was in Coos County. I had no plans of leaving that job but when my dad became ill I resigned and moved to Las Vegas to take care of him. After just seven short months, my dad’s health began to improve, and my brother moved to Las Vegas to be closer. I was itching to get back to Oregon and was asked by a former colleague to apply for a position in Lincoln County. I have been coming to Lincoln County since I was a child and have always loved this community. I accepted a job and bought a house the next day. I have made Lincoln County my home and hope to stay here for years to come.

Who or what are the major influences in your life?

DANFORTH: When I was around 5 years old, my grandmother spent time nearly every day “coaching” me as I practiced on the swing set to become an Olympic gymnast. Rather than tell me I should set my sights on something more realistic, she encouraged me. She always told me I can do anything I set my mind to, so long as I worked hard and kept my eyes on the goal.

The words of wisdom my grandma gave meant a lot coming from her. She was diagnosed with polio at 15 and spent the remainder of her life in a wheelchair – paralyzed from the waist down. Every time I felt like quitting or giving up, I thought about her and remembered that she would give anything to stand upright again. Despite her circumstances, I never heard her complain. In fact, quite the opposite. I watched as she overcame every obstacle to accomplish her goals. She was a city council member, a volunteer at the historical museum and a writer for the newspaper.

It’s not only the words my grandmother spoke that inspire me but the example she set day in and day out that we should always keep going no matter what. When I find myself feeling exhausted, defeated, and wanting to give up, I remember that the people I am fighting for would give anything to be standing upright. When people come to the district attorney’s office it is typically on one of their worst days and it’s at that moment I need to be at my very best. This profession has no room for complaining or quitting. We must always continue to press on, overcome the obstacles and pursue justice because we can.

CABLE: Of course, my family is a major influence in my life and I was also lucky to have many great mentors in the practice of law. But, personally, my wife (Kendall) has been one of my major influences. We met at Kent State University in 1996 and will be married 19 years on election day.

Kendall worked for several newspapers after earning a bachelor’s degree in journalism. After losing her mother to cancer she decided to embark on a new career as a nurse. She is one of the smartest people I have ever met. Watching her bravery as she faces the unknown from this pandemic, like so many under recognized heroes, makes my daily challenges seem minor. She is an inspiration to me.

What qualities do you possess that would make you good for the job?

CABLE: I am dedicated and hardworking, eager to learn, and have always tried to uphold the highest integrity and ethics. I think the most important thing for this position is experience. To that end I have worked in several different offices over the years under several district attorneys and have spent four years defending indigent clients whom I was appointed by the court to represent.

Having practiced both prosecution and defense, I believe I have a better understanding of areas where we can improve. I have the experience to deal with the challenges we face and to deal with new issues that inevitably arise. Furthermore, my time as Lincoln County Employee Association president helped me gain familiarity of the county budget process and personnel rules. I have been a successful trial lawyer since 2002 and have learned a lot about how to adjust to all the criminal law changes over the last 18 years.

But my position as district attorney is not all about me. I have focused on being a good team member. The role of district attorney is to manage an office of 30 people and a nearly $3 million budget. Every day there are numerous decisions to be made. Thus, communication skills and rapport are essential to coordinate with courts, law enforcement, county and state officials, and other community partners.

DANFORTH: This question says it all – the qualities that make up a person are the best predictor of their ability to be a successful district attorney. I have sound judgment and consistently make good decisions regarding how my cases are handled. I spend time reviewing cases, asking officers to gather additional evidence, and speaking with crime victims and witnesses every step of the way. I give careful thought and attention to each case and always ensure I am doing the right thing for the right reasons.

I have a strong work ethic. The district attorney is not an 8-5 job. I am frequently the last person to leave the office at night and the only person in the office on the weekends. I love what I do; it doesn’t feel like work. I am young, energetic and ready to put in the hard work it will take to improve the district attorney’s office and make our community a safer, better place to live.

I communicate with people from all walks of life with ease. Communication has always come naturally for me and I enjoy doing it. The district attorney is in constant communication with people including law enforcement, crime victims, deputy DAs, staff, judges, media and the community.

Humility is a quality I have always possessed. Being district attorney isn’t about ego, it’s is about serving our community. The moment this position becomes about power or self-promotion, rather than about the people, we all lose.

What do you see as the top three challenges in leading the Lincoln County district attorney’s office? How do you plan to address them?

DANFORTH: The top three challenges in leading the office include the lack of consistency in how cases are handled in the office; lack of training, supervision and feedback for deputy district attorneys, and; inefficiencies in how cases move through the system.

Lincoln County is one of 15 counties in Oregon that does not have written policies regarding how cases are charged and handled as they progress through the system. The absence of written policies has led to inconsistencies and unfairness in how cases are handled. One prosecutor may charge a misdemeanor crime where another prosecutor would charge a felony. This results in similarly situated defendants and crime victims being treated differently. That problem is statewide and in response, the 2019 Legislature passed House Bill 3224. The law requires every district attorney’s office in the state to adopt written policies on over 20 different topic areas, including how cases are handled in the office. Those policies must be posted on the office website before the end of the year. Additionally, those policies must be reviewed and updated every five years. If elected, I intend to prioritize the adoption of written policies. I will consult with law enforcement, community partners, and other DA’s offices around the state to make sure we are adopting policies that will ensure consistency and fairness for defendants, victims and the community.

There has been a lack of training in the district attorney’s office for some time. It is important to elect a district attorney who knows the law inside and out and can train deputy district attorneys. I have consistently been the “go to” person in the office when it comes to questions about the law. I want to share my knowledge of the law with others so we can all perform at an optimal level both inside and outside of the courtroom. I do not purport to know everything – however, I do have the skill set and drive to quickly find the answers and share them with others. We only have a certain amount of money we can use to send deputy district attorneys to trainings each year. However, there are a several qualified people around the state who are knowledgeable, willing and able to venture out to Lincoln County and provide in-office training to our staff. I have relationships with those people and the connections to make that happen. As training in the office increases, so will our performance.

I also plan to supervise deputy district attorneys more closely and offer feedback where appropriate. It is difficult for deputies to measure their job performance because it is not necessarily captured in a “win/loss” record at trial. I plan to be a district attorney who is present in the courtroom, watching deputy district attorneys in trial and giving feedback. I want our attorneys to be the very best because our community deserves it.

The last issue I see is lack of efficiency in the overall operation of the office. One thing I bring to the table is that I have worked in two other district attorney offices in Oregon. I have seen how other offices conduct business and how the courts operate. Coos County is comparable in size to Lincoln County. We had the same amount of judges, fewer deputy district attorneys, less support staff and did not have the constant struggle with being able to keep up. I have noticed several areas where we double or triple the amount of work we need to. I have always lived by the motto, work smarter not harder. I think if we can implement smarter choices in how we operate the office, we will free up more time, be more efficient, and spend our tax dollars more wisely.

CABLE: The first and most immediate issue is dealing with Covid-19 by adapting to provide services while keeping people safe. The second is dealing with the tremendous backlog of cases so we can focus on serious crimes which have been neglected. Third is becoming more efficient to deal with the looming county budget issues.

First, the COVID-19 pandemic is an unprecedented challenge for this community and the District Attorney’s Office. As DA, I rely on everything I learned over the years and utilize the available experience within the office. I know communication and coordination with our county leaders, courts, law enforcement, and state officials are essential. Therefore, the relationships I built over the last 14 years in our community are more important than ever to successfully navigate these challenges.

The pandemic created a fluid situation driven by the continuous release of new information. This has pushed us to adapt in order to maintain public safety and provide the best service. To meet this new challenge our employees took on new roles and learned new skills. We manage staggered schedules to maintain as safe of an environment as possible. Two deputy district attorneys volunteered to assist with the county emergency management plan. We are employing more technology to increase our ability to telecommute and handle remote testimony for certain hearings.

However, nothing has changed regarding the evaluation of cases. And there are no changes to the immediate prosecution of domestic violence and serious crimes. The increase in domestic violence in Lincoln County, and worldwide, is of tremendous concern. While many cases have been rescheduled and other types delayed due to court availability, these cases will be addressed as soon as the situation allows.

The second issue is the tremendous backlog of cases. Constant turnover of attorneys has led to a large number of cases that have been submitted, but no final decision made. One of my goals is to create an environment in which attorneys wish to stay, grow, and thrive professionally and personally. We need to review these cases and file charges if they can be proven. Some of these cases involve serious allegations. Victims deserve their day in court and no perpetrator should escape justice because a case file collected dust.

The third major issue is dealing with the budget. The district attorney’s office includes: investigators, child support enforcement, victim advocates, medical examiner, and administration of several grants including those for Drug and Hope courts, in addition to the deputy district attorneys and support staff. Our budget is highly complicated and includes eight different departments and totals almost $3 million.

We submitted a draft budget which will be finalized by county commissioners after public meetings. We anticipate cuts. Local government is not immune to the financial hardship our community faces. It is not clear what, if any, assistance will be received from the state or federal government. Thus, we must live within our means and focus on providing the best service we can with what we have.

Why should voters support you rather than your opponent?

CABLE: Experience is the obvious, but not the only reason. It is not about age. My experience gives me a more nuanced understanding of the criminal justice system. Many things are done here because they have always been done a particular way. We need to innovate and adapt. And I have plans to do so. These challenges are far too great for business as usual. Passion is not enough. This is a position that requires wisdom.

Separation of powers as outlined in the Constitution specifies that the district attorney needs to be an independent voice for justice. That is why I am not endorsing any judicial candidates. Rule 5 of the Code of Judicial Conduct prohibits judges from publicly endorsing candidates for non-judicial office. We should do the same. A defendant should not wonder if an endorsement by the district attorney for a judge they are appearing in front of will affect their ability to be treated fairly and impartially. It has the appearance of impropriety. That is why I will not do so.

I was asked by many individuals in law enforcement, courts, and the district attorney’s office to apply for the open position because they knew my qualifications. Additionally, I am a registered independent. This is a non-partisan position and should remain so.

Many have asked why I would close a successful practice and take on a job making less money with a great deal more stress. When I applied for this position against three qualified candidates, I did so out of a sense of obligation to this community. I have lived here for the last 14 years. This is my home. I want it to be a just and safe place to live. We face some serious challenges, and I believe I am the right person to help us through them.

DANFORTH: I have the knowledge and leadership skills necessary to move the office forward. I have great ideas and the means to implement them. I have a proven track record of following through on what I say I will do. I am young, energetic and ready to work hard for our office and our community. I have seen first hand how efficient an office can be and I am excited to get us to that point.

In my two years in the Lincoln County district attorney’s office, I have built and maintained excellent relationships with law enforcement agencies and community partners. I have earned the trust and support from those who have and are working in the criminal justice system. Retired Sergeant Mark Meister said, “Lanee was hands down the go-to for the detectives. Especially when we needed quick or complicated decisions regarding the most important of our investigations. My experience with Lanee is of the very highest confidence. Lanee has always made it a high priority to keep the relationship with our agency in excellent standing.”

As the top law enforcement official in the county, the district attorney needs to have the respect and trust of law enforcement. I have endorsements from many officers with over 20 years of experience in our community. Those officers worked with Mr. Cable for nine years when he was a deputy district attorney and have only worked with me for two. They choose me.

Mr. Cable has been a lawyer longer than I have been one because he is older than I am. However, that doesn’t make him more qualified to be the district attorney. Mr. Cable’s campaign slogan is “Experience Matters.” However, the reality is, neither of us truly have experience being the district attorney. Mr. Cable has been in office since February. In the five years preceding that, he was a defense attorney.

When you or your loved one needs a serious operation, you don’t ask to be referred to the surgeon who is the oldest or who has practiced medicine the longest. You ask for the best surgeon with a proven track record. You choose the surgeon who comes highly recommended by people who are trusted in the medical profession.

The district attorney race is no different. There is a lot at stake in this election. If and when you need the services of the district attorney’s office, you deserve to know you are in the best hands, not the oldest. I encourage voters to go to my website, look at my endorsements and read what trusted people in our community have said about me.

Many people in the justice system have issues with addiction and/or mental illness. Is it possible for a district attorney to impact cases involving those issues? How?

DANFORTH: We have treatment court options for people who are suffering from mental health and addiction issues who commit crimes if they are first time and/or low-level offenders. We offer DUII diversion, drug court, hope court, mental health court and domestic violence court. These programs are great and can and do change lives. Sometimes people just need help to get their lives back on track. Many of those programs are grant funded and we need a DA who is going to prioritize the programs and ensure we continue to get the grant money necessary to keep the programs running.

CABLE: A district attorney not only can have an impact on those issues, we have an obligation to do so. Those issues are two of my biggest priorities. So many of the crimes we see are related to both addiction and mental health. We are a small county so resources to deal with these issues has always been a challenge.

Arresting a person was often the only option law enforcement had at their disposal. But recently, the Sheriff’s Department and Lincoln County Mental Health created the COMET program, which holds great promise to help people connect with the help they need. Lincoln County Parole and Probation is also adding a mental health counselor. We have Drug and Hope courts. As well, Mental Health Court has recently been reinstated. Thus, positive steps are being taken. And my office will continue to work to make those programs a success.

Additionally, defendants whose cases are diverted to these programs are monitored to ensure compliance. Failure to comply will result in conviction and, usually, incarceration. The goal of these programs is to address the underlying causes of criminal behavior. Obviously, if the underlying cause can be addressed, there is a lesser chance the person will commit additional crimes. To that end, the community is safer and all of us are better off as resources can be used on the people who are not ready or willing to make the positive changes necessary to complete the program.

Finally, one specialty court we do not have, but need, is a veteran’s court. I plan to explore this possibility further. In my time representing indigent defendants, I met many veterans who suffered from mental health and substance abuse problems related to their service. We owe them help after the sacrifices they made for all of us.

The district attorney is considered the top law enforcement official in the county. What does that mean to you when it comes to dealing with the judicial system, police agencies, the accused, and the public.

CABLE: The role of district attorney is vital and needs to be someone with integrity and honesty. Many of the duties are related to acting as a liaison to the community. I know communication and coordination with our county leaders, courts, law enforcement, and state officials are essential. We do not operate in a vacuum. I spend several hours a week in virtual meetings with all of our community partners. I have let everyone know that I am available to discuss any issues that arise in order to improve those relationships. We need feedback so that we can find ways to improve. The focus is on public safety, not only individual cases. What can we do long term to improve outcomes for this community? We need to look at the long game and not just deal with the immediate challenges.

DANFORTH: Because the district attorney is the top law enforcement official in the county, they need to be the most knowledgeable about the law, have a good working relationship with the judges and have the trust and respect of law enforcement. If you look at my website and read the material, you will see I have all of those things.

Being the top law enforcement official in the county means that we need to increase transparency and take more accountability for the things going on in our office. We need to own up when we fall short and we need to make the necessary changes to better our office and better our community.

You agreed to answer (and also ask) one question from your opponent. Here they are:

From Jonathan Cable to Lanee Danforth: How long have you been a prosecutor and where have you worked as a prosecutor?

DANFORTH: I have been employed as a deputy district attorney for three years total. I have worked as a prosecutor in Coos and Lincoln counties. I have worked consistently in a district attorney’s office for eight years as a victim advocate, law clerk and deputy district attorney, which makes me a very well-rounded candidate.

I have been in the Lincoln County District Attorney’s Office a little over two years. In my career, I have prosecuted everything from a traffic ticket to homicide. In the past year alone, I conducted a significant amount of violent felony trials and have taken dangerous violent offenders off our streets. I have also offered treatment programs when appropriate.

I quickly progressed in my career and in the two years I have been in Lincoln County, I have done everything Mr. Cable had done in his nine years as a deputy district attorney. That includes being presented with the “Attorney of the Year” award at the law enforcement recognition banquet after just one year in Lincoln County. It took Mr. Cable five years to win the same award.

My opponent continues to attack my age and years as a lawyer as the sole reason I am not qualified to be Lincoln County’s district attorney. Let’s not confuse age or years as a lawyer for experience. Someone is not entitled to be the district attorney simply because they have been alive longer or have been a lawyer longer. Someone deserves to be the DA because they have the leadership skills, knowledge, passion, work ethic, and correct vision for the office. Everyone on my endorsement list recognizes that. As Jon Zagel put it, “Talent is talent.”

To Jonathan Cable from Lanee Danforth: It is important to have a district attorney in tune the needs of community. Can you tell us what community-based activities or groups you have been involved in unrelated to your employment?

CABLE: As with public service in the office, it is also necessary to serve others off the clock. Between fundraisers, organizations, and donations, I have always tried to give back.

Recently, my wife and I enjoyed the opportunity to mentor a wonderful young man through the Olalla Center. The Olalla Center is a fabulous local organization dedicated to providing mental health resources for children and families. Our mentee, a teenager, has gone on to do wonderful things in high school, and participates in several sports. We are so grateful to have met and shared our lives with him.

Additionally, my wife and I attend fundraisers to help boost great programs we feel are integral to our community and regularly make donations to causes and organizations involved with the environment, cancer and food supply.

While in private practice I took on several pro-bono clients with cases I handled for free. One of the sad realities is that many people do not qualify for a court-appointed attorney because they own a house, car or their income might be slightly above the cutoff. That does not mean they can actually afford to hire an attorney. I was also on the board of the Lincoln County Defenders for four years.

I also spend several hours a month as a volunteer on the Oregon State Bar Association’s criminal jury instruction committee to help improve jury instructions read to juries in all criminal jury trials. I was the volunteer president of the Lincoln County Employee Association for several years, representing county employees in contract and discipline matters. And, I served as Siletz Tribal Court of Appeals Judge Pro Tempore until I resigned when I was appointed district attorney in January.