Prince William County Commonwealth’s Attorney threatens to withhold prosecution amid funding dispute

In a letter addressed to the Chair and the Supervisors of Prince William County, Commonwealth’s Attorney Amy Ashworth outlined her intention to withhold prosecution of certain misdemeanor charges, effective May 1, 2024, if county leaders don’t give her more employees.

According to the letter, the Prince William County Prosecutor’s Office is operating with 26 fewer positions than required.  A recent time study showed the office has a deficit of seven attorneys and 19 administrative staff, Ashworth wrote.

On April 18, 2024, supervisors voted in a straw poll and decided to fund an additional four attorneys and four administrative staff for Ashworth’s office. Ashworth asked for 16 new people and asserted that the office cannot sustain its current level of service and must take steps to reduce the caseload. As it stands, Ashworth is set to receive $13 million from the county government to operate her office for the coming fiscal year, starting July 1, 2024. The figure does not include funding from Manassas and Manassas Park cities, for which Ashworth also prosecutes criminal cases.

In response to the straw poll, Ashworth wrote supervisors and listed a series of Class 1 and 2 misdemeanors to which she may no longer assign a prosecutor, including petit larceny, shoplifting, narcotic charges, underage alcohol offenses, disorderly conduct, obstruction of justice, escapes, obscenity, false identification and false report to police, destruction of property, trespassing, reckless driving (unless fatal), and all traffic and operator license misdemeanors.

The Prince William Board of County Supervisors is set to approve its entire FY 2025 budget tomorrow.

“The bottom line is that this office was not properly staffed and funded for decades as the County grew up around us,” Ashworth wrote in an email to Potomac Local. “The time study was able to finally give us a clear staffing standard across the state for all prosecutor’s offices.”

Ashworth, a Democrat, was re-elected to office in November 2023 and is in the first year of her second four-year term.

“The Commonwealth of Virginia does not fund prosecution of misdemeanor cases – only felonies. In smaller jurisdictions, it is easier for the prosecutor to just handle all the misdemeanors as well. However, other large jurisdictions do not handle all of the misdemeanors as [Prince William County] does,” Ashworth adds.

Acknowledging the impact of this decision, Ashworth emphasized the need to focus limited resources on misdemeanors deemed most critical, such as DUI, weapon offenses, and violent crime.

Ashworth’s threats to cut prosecutorial services garnered a quick response from supervisors.

“She claims her predecessor understaffed his office. I don’t recall anyone claiming Paul Ebert [Ashworth’s predecessor] didn’t prosecute enough. The question is efficiency. If Fairfax can do more with less, why can’t she?” asked Gainesville District Supervisor Bob Wier.

During a presentation earlier this month, Ashworth told the Board of County Supervisors that of her 54 office employees, 29 were prosecutors when she took over from her predecessor Paul Ebert, Virginia’s longest-serving prosecutor from 1968 until his retirement in 2019. Since that time dozens of full-time positions have been added to the Commonwealth Attorney’s office, resulting in nearly 80 employees.

“By supporting eight new positions in FY25, in addition to fulfilling the three-year staffing plan introduced by Ms. Ashworth in 2021, I am confident that this Board has provided the Office of the Commonwealth’s Attorney with the necessary resources to fulfill its prosecutorial duties to our residents,” said Occoquan District Supervisor Kenny Boddye. “These new positions will make our Commonwealth’s Attorney office the largest in Virginia, eclipsing even the staffing levels of Fairfax County, which serves more than two times as many residents.”

Since she took over, the Board of County Supervisors has increased funding for her office by $6.4 million and added 32 employees. This represents a cumulative percentage increase of about 93.5% over five years. All the while, Ashworth is pursuing fewer cases than her predecessor, choosing to indict 75 felonies on average per month compared to the 350-per-month average Ebert pursued.

Despite Ashworth having successfully lobbied to increase her office budget to the largest it has ever been in county history, she has the fewest average prosecutions of her predecessors. Meanwhile, the county’s murder rate has doubled, and violent crime increased by 70% since 2019.

In a letter to constituents, Coles District Supervisor Yesli Vega called Ashworth’s letter a “dangerous temper tantrum” describing it as “a stain on the Commonwealth’s Attorney’s office and unbecoming of an elected official.” She also questioned how a 2% increase in caseload could represent a $2 million budget request.

Both Weir and Vega pointed to neighboring Fairfax County, which cut misdemeanor prosecutions and has subsequently seen a rise in overall crime, with Vega rhetorically asking, “How has that worked out for them?”

In addition to the potential for increased crime in Prince William, the change would also increase the workload of Prince William County Police officers. In her letter, Ashworth clarified that while her office will no longer prosecute these offenses, the burden of prosecution will shift to the arresting police officer, who must handle traditional prosecutor duties such as subpoenaing witnesses, answering discovery, and presenting evidence in court.

“There will be an additional burden on the department in that we will need to train officers on how to do the legal courtroom work traditionally done by the Commonwealth Attorney’s Office,” said Prince William County Police Chief Peter Newsham. “This will also likely result in officers spending more time in court and less time in the community.”

Newsham added that there likely would be a “negative impact on conviction rates during the learning curve.” adding, “Our officers are committed, dedicated, and professional, but they are not lawyers.”

“I don’t think this board responds well to threats and Prince William County does not have an unlimited source of revenue,” Weir added when asked if Ashworth’s threats would lead to him consider changing his vote. “We’re growing the government at a level that is unsustainable given the revenues.”

The Board of County Supervisors meets at 7:30 p.m. Tuesday, April 23, 2024, at the McCoart County Government Building, 1 County Complex Court in Woodbridge. The meeting is open to the public and will be streamed online.

Alan Gloss is a freelance reporter for Potomac Local News.

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