| Pete Holmes | |
| Seattle City Attorney | |
| Term Start: | January 1, 2010 |
| Term End: | January 1, 2022 |
| Predecessor: | Tom Carr |
| Successor: | Ann Davison |
| Birth Date: | 21 March 1956 |
| Birth Place: | Richmond, Virginia, U.S. |
| Party: | Democratic |
| Spouse: | Ann |
| Children: | 2 |
| Residence: | Seward Park, Seattle, Washington |
| Alma Mater: | Yale University (BA) University of Virginia (JD) |
| Occupation: | Politician |
| Profession: | Attorney |
Peter S. Holmes (born March 21, 1956) is an American politician and attorney who served as the Seattle City Attorney from 2010 to 2022. He was elected in November 2009, defeating incumbent Tom Carr by a significant margin.[1] After winning a second term uncontested in 2013, he defeated challenger Scott Lindsay in 2017 with nearly 75% of the vote,[2] but failed to advance from the primary in a bid for a fourth term in the 2021 election.[3]
Prior to his election, Holmes served as an original member of the Seattle Police Department's Office of Professional Accountability Review Board (OPARB), a citizen review board which reviews police policy and procedures and maintains civilian oversight of the police department. He served as chair of OPARB between 2003 and 2008, during which time he advocated for public release of police records and OPARB reports.[4]
Holmes was born in Richmond, Virginia, and grew up in Buckingham County. He earned a Bachelor of Arts from Yale College, majoring in American studies with a concentration in energy and environmental sciences. After graduating in 1978, Holmes went to work at the Natural Resources Defense Council in Washington D.C. In 1984, he earned his Juris Doctor degree from the University of Virginia School of Law. He remained in private bankruptcy practice in Ohio and Seattle for over 25 years.[5]
In March 2009, Holmes announced that he would challenge incumbent City Attorney Tom Carr,[6] largely because of disagreements over the handling of public disclosure for OPARB and police records,[7] as well as the proper role of the City Attorney. Carr stated that he represented city government and provided "neutral legal advice," whereas Holmes stated that he would act as an advocate for the people of Seattle.[8]
Holmes promised not to prosecute marijuana possession, in line with a 2003 voter-approved initiative making it the lowest priority for law enforcement. Carr maintained that prosecution of possession "in conjunction with other crimes" was within his authority as City Attorney. Eventually, Holmes received endorsements from both The Seattle Times and The Stranger.[9] [10]
Holmes won the election by a 26-point margin, and ran unopposed in 2013.[11]
In the winter of 2010-2011, opponents of the Alaskan Way Viaduct replacement tunnel collected signatures to place both an initiative and a referendum opposing the project on the ballot. The proposed initiative, I-101, sought to void the contracts made between the City of Seattle and the State of Washington,[12] while the referendum sought to approve or reject the contracts once they had been finalized by the City Council.[13] In March, Holmes filed a motion with the King County Superior Court seeking a declaratory judgment against the proposed referendum, on the grounds that referendums are typically used to seek citizen review of legislation, not administrative contracts.[14] The court allowed one of the eight sections of the referendum to go to ballot, where construction of the tunnel was eventually approved by voters.[15] Holmes also sued to prevent Initiative 101 from making the same ballot, arguing that a city initiative could not prevent the state from constructing a state highway.[16] The court agreed, and Initiative 101 was struck from the August ballot.[17]
Shortly after taking office, Holmes directed prosecutors to limit sentences for misdemeanor crimes to a maximum of 364 days' imprisonment, one day less than the previous one-year limit. This would avoid automatic deportation of non-citizens sentenced to one year or more.[18] A year later, the Washington State Legislature changed the maximum sentence for misdemeanor crimes to 364 days, in part at Holmes' urging. Legal residents convicted of felonies or misdemeanor domestic violence still faced deportation under the law.[19]
In the months after Holmes was elected, arrests for possession of marijuana increased significantly, but none of these cases were prosecuted.[20] He authored an editorial in the Seattle Times calling for legalization, and thereafter sponsored Washington Initiative 502 to legalize, tax and regulate marijuana for adult recreational use.[21] [22]
As one of its earliest sponsors, Holmes edited drafts of the initiative and secured the support of John McKay, a former United States Attorney.[23] Holmes frequently provided his legal opinion in local press, radio, and television broadcasts, and took part in public debates as an advocate of legalization where he framed the issue as a method of confronting racially disproportionate drug enforcement.[24] [25]
On election day, Initiative 502 passed by ten points.[26] In an August 2013 Department of Justice memo, the Obama Administration stated its intent to watch state legalization efforts unfold without intervention.[27] Holmes's involvement in I-502 led to what the state's Public Disclosure Commission characterized as inadvertent, minor violations of state law, due to his failure to consistently keep his advocacy completely separate from the marijuana policy aspects of his city work.[28]
In 2011, the Seattle Police Department was investigated by the Department of Justice, which found that officers had engaged in a pattern or practice of excessive use of force. The Justice Department alleged that one in every five uses of force by an officer violated the Constitution's protections against illegal search and seizure, and further noted concerns about discriminatory policing. In two separate letters addressed to Holmes, Justice Department attorney Jonathan Smith accused City officials of negotiating in poor faith after several documents related to the investigation were leaked by the City.[29] Shortly after this, Holmes sent the mayor's office a strongly worded letter urging him and the City's negotiating team to cooperate with the Justice Department, and warning that the July 31 negotiating deadline set by the Department was likely the last chance for the City to avoid a federal lawsuit.[30] Following a series of last-minute negotiations, the City and Justice Department arrived at a workable compromise on July 26; a settlement agreement announced the next day included substantial reforms of police practices.[31]
Holmes and the mayor sparred over Merrick Bobb's eventual appointment[32] as federal monitor and approval of the monitor’s first monitoring plan.[33] At the March 12, 2013 status conference, U.S. District Ct Judge James Robart approved[34] Bobb's proposed monitoring plan, effectively ending the public feud between Holmes and the mayor. In the ensuing 2013 campaign, Holmes endorsed[35] the incumbent mayor's opponent, Ed Murray. Murray won[36] the election, along with Holmes, who ran unopposed. Mayor Murray, the candidate endorsed by Holmes, pledged to embrace federal reforms and appointed[37] Kathleen O'Toole to be Seattle's Chief of Police.