The following column is the opinion and analysis of the Arizona Daily Star Editorial Board:
County attorney is a vitally important elected position. From setting the prosecutorial tone and defending the county civilly, to managing a large office of professional prosecutors and support staff, the position calls for a steady hand — preferably one with experience in navigating a complex system.
The Arizona Daily Star Editorial Board believes Jonathan Mosher is that steady hand to lead the Pima County Attorney’s Office into a new era, and he is our choice in Pima County’s Democratic primary, held Aug. 4. Mail-in ballots go out today, Wednesday July 8.
With no Republican candidate running, the Democratic primary serves as the county’s de facto election.
Our selection of Mosher is based in part on his tenure as Pima County’s chief criminal deputy and chief trial counsel, where he has played a hand in notable, high-profile successful prosecutions. But it’s also his robust campaign for smart criminal justice reform, the most clearly laid out plan of any of candidate, that has gained our support.
During last week’s Editorial Board Zoom conversation with Mosher and his fellow candidates, defense attorney Laura Conover and fellow prosecutor Mark Diebolt, Mosher described his zeal not just to prosecute justice, but to make sure justice is applied smartly and equally.
“Even more important than convicting the guilty is not convicting the innocent,” he said, referencing the case of a man unjustly held on death row for nearly 20 years. “That’s truly what justice is all about.”
That sort of evenhandedness will be needed now more than ever, especially in an era of increased awareness of the role local jurisdictions play in prosecuting police for potential crimes.
To that end, Mosher’s campaign website sets out his plan for police reform, calling for the county’s law enforcement agencies to adopt the Eight Can’t Wait reforms implemented by the city of Tucson, which include a ban on chokeholds and required de-escalation training.
Although his résumé is impressive, Mosher isn’t without faults. After all, he is preaching change from a department he has been part of and integral to for more than a decade.
While outgoing Pima County Attorney Barbara LaWall’s ultimate legacy will be debated, the PCAO has gained a reputation for being too quick to settle in some cases, and overly harsh in others, especially in prosecuting lower-level offenses, like personal possession of marijuana and low-level drug use offenses. Part of that has happened with Mosher as the chief deputy.
Mosher said he intends to draw a sharp contrast with LaWall. That stems in part from his own past: During the Zoom discussion, Mosher described himself as a recovering alcoholic and drug addict who has been sober 19 years.
“There’s a principal difference between myself and my current boss,” he said. “I’ll provide third chances, fourth chances and fifth chances. I’ll never give up it it’s an addict that isn’t committing some offense that threatens the community.”
Mosher is not alone in this race, and his challengers, Conover and Diebolt, are both worthy candidates in their own right. Conover especially impresses with her willingness to embrace her outsider status as a defense attorney and campaign commitments to reinstate the county’s fraud division.
But on nearly every hot-button issue, the three candidates are in almost total agreement: not seeking the death penalty, not prosecuting personal-use marijuana cases, and the eventual elimination of cash bail.
All things being equal, Mosher represents not just the smartest and best-laid-out plan to making those policies realities, but also the vessel in which those plans are most likely to be well-received. As someone familiar with the office and the prosecutors working there already, he’ll have the best foundation to bring on board anyone who needs convincing of the new ways of doing things.
Changes in policies and administrations can be debated on their merits, and only Mosher comes close to laying out a comprehensive plan for reform. The new Pima County attorney must lead during a time of COVID-19, needed reform in law enforcement, the justice and prison systems.
Mosher touts his record prosecuting complex and difficult cases, and he is rightly proud of those wins. The job of county attorney is far more than taking high-profile cases to trial; a leader builds the teams that can handle those cases instead of stepping in personally. Mosher’s stated intention to still prosecute such cases sends a message that he doesn’t trust others’ abilities, and that’s ego, not leadership.
In many elections, being a good candidate is enough to win. Pima County is lucky to count itself with three worthy candidates for county attorney. In the end, however, we think Jonathan Mosher is the best candidate for the job.
