Two county public defenders are looking to shift their position in the courtroom, with one hoping to oust the six-term incumbent district attorney and another seeking to become a judge.
Matt Dugan and Patrick Sweeney are building on efforts in recent years, seen both locally and across the country, to pass criminal justice reform and elect new kinds of judges and prosecutors. Such attempts have gained traction with voters, and both candidates last month received the endorsement of the Allegheny County Democratic Committee — typically a more moderate and staid group of party leaders.
Sweeney is competing against two other candidates, Anthony DeLuca and Judge Andy Szefi, for one vacancy on the Allegheny County Court of Common Pleas. He thinks he can be “more effective at reaching just outcomes” as a judge rather than an advocate and wants to bring his perspective as a career public defender to the bench.
“Some judges forget where they came from — what led them to the campaign to run for judge, and perhaps what it was like to be in court on behalf of somebody who is not used to being treated fairly and often has the deck stacked against them,” he said. “I think somebody with my background probably is less likely to forget about what it’s like to stand next to someone from a marginalized community, from a position not only of lack of income but poverty and being someone who has been the victim of discrimination.”
Sweeney said he is “not trying to reinvent the wheel” on courtroom procedures but seeks to take a different tack in demeanor than other judges and establish “more of an interpersonal relationship” with those before him.
Reforming some of the county’s problem-solving courts, which include those focused on mental health and veterans, would be a large focus of his time as a judge. Sweeney wants to reverse the order in which treatment is provided to defendants and make it available before a conviction happens.
“The overwhelming majority of my clients are not sociopaths; they’re not predators. They are people with problems; it’s drugs, alcohol, mental health — maybe all three. They’re just as likely to be victimized either by the system or by other predators who are out there as they are to victimize others,” he said. “We need to start looking at these folks as people that we can help. … We need to understand the sooner we get people involved in treatment, mental health and drugs and alcohol, the better it’s going to be.”
Sweeney would potentially join several fellow reformers already serving as Common Pleas judges.
A group of candidates banded together during the 2021 election and formed what became known as the “Slate of 8,” all supportive of reconsidering the role of cash bail and trying to divert people from the criminal justice system when possible. Five of them — Nicola Henry-Taylor, Tiffany Sizemore, Wrenna Watson, Chelsa Wagner and Lisa Middleman — ultimately got elected as judges.
Sweeney, who also ran for judge in 2021 but came up short in the primary, said he sees himself fit in a similar mold.
“When given the opportunity to speak, the voters have indicated they are in favor and welcoming of reform,” he said.
Dugan, who’s running for district attorney, said he thinks the police killing of George Floyd in 2020 “brought criminal justice to the forefront of the county’s consciousness” and has since left voters with “an appetite for reform.”
“Folks want to see the criminal justice system be reformed,” he said. “They want to see fairness; they want to see equity.”
Dugan is facing off against Stephen Zappala Jr., who has served in the role since 1998. One of Dugan’s top priorities is to establish a mission statement for the office, which he said would provide a needed “north star” to guide decisions.
“I can’t, I don’t know what their mission statement is,” Dugan said of Zappala and his leadership team. “I know the system’s not working now, and we need consistency, we need leadership.”
A key part of that mission statement would be to reform processes for dealing with the low-level, nonviolent offenders who Dugan said make up most of the people who come through the criminal justice system. He wants to connect people with preventive measures and, like Sweeney, also provide treatment for people dealing with substance abuse, which could prevent repeat offenses.
“Putting these people through the system, thousands and thousands of folks a year, comes at a tremendous cost,” he said. “We want to get these low-level, nonviolent folks out of the system so we can focus on the bad actors and be able to get convictions for bad guys.”
Another top priority for Dugan is to change the recruiting process for prosecutors and also beef up training once they’re on staff. He wants to hire a training director who can provide attorneys with the “support and resources and training that they need to do their job well every single day.”
While looking forward, Dugan also wants to create a conviction integrity unit to review potentially problematic past convictions.
“We then have to go back and take a look at old cases, because we know that mistakes happen,” he said.
One challenge potentially facing the Dugan campaign is that past progressive candidates for district attorney have faced difficulties in garnering significant appeal against Zappala beyond the city of Pittsburgh.
Zappala, who had gone years without a challenge but faced two in 2019, has often relied heavily on support from suburban voters. He beat challenger Turahn Jenkins in the Democratic primary by nearly 20 points and then fended off an independent bid from Lisa Middleman in the general election by 14 points.
Dugan said his team has worked hard to reach suburban voters, including appearances at dozens of events, and is pitching a “message that resonates with folks.”
“We recognize we need to engage suburban folks, and we’ve been doing that, and we’ve had a great reception in the suburbs,” he said. “We feel very, very well positioned right now, and it gives us a lot of optimism and confidence heading into Election Day.”
Jon, a copy editor and reporter at the Pittsburgh Post-Gazette, is currently on strike and working as a co-editor of the Pittsburgh Union Progress. Reach him at jmoss@unionprogress.com.