State Attorney Jack Campbell and DOJ resolve Hispanic discrimination allegations

Jack Campbell, the state attorney for the Second Judicial Circuit, and the federal Justice Department reached an agreement Thursday to resolve allegations that Hispanic defendants are routinely denied plea agreements for driving without a valid driver’s license.

As part of a settlement with the agency, about 100 staff members in the state attorney office for the six-county region will be trained on the prohibition of discrimination based on race outlined in Title VI of the 1964 Civil Rights Act.

Allegations of racial profiling came to light in April of 2023 when a newly transferred assistant prosecutor to the circuit’s Monticello office found a sentencing guideline “cheat sheet” tacked to a wall.

The memo said to exclude those with “Extensive Criminal History and/or Hispanic” from diversion programs, or to have adjudication withheld. 

Back story: Prosecutor's memo said Hispanics get tougher plea deals; state attorney calls it a mistake

Aftermath: State Attorney open to reviewing cases, plea bargain rules after 'racism policy' uproar

At the time, Campbell said the document misstated office policy and asked for federal guidance on how to handle cases of undocumented immigrants without a valid driver’s license.

That led to the Justice Department inquiry "based on the allegations of discriminatory plea practices," which lasted for months.

"The SAO has fully cooperated with DOJ during the course of the review," the settlement states. "To date, DOJ has reviewed information provided by the SAO, conducted interviews of SAO employees, conducted interviews of other interested parties and members of the public, and reviewed publicly available documents."

The state attorney's office denied wrongdoing and DOJ investigators did not issue a finding of discrimination in the case.

Assistant Attorney General Kristen Clarke said investigators found Campbell immediately disavowed the “cheat sheet” and reprimanded its author.

However, the "Memorandum of Agreement" with the Justice Department requires Campbell to adopt a specific Nondiscrimination in Prosecution Policy within 60 days.

“Through this agreement, the State Attorney for Florida’s Second Judicial Circuit is taking action that will help ensure that the community is served without bias or discrimination,” said Clarke.

As part of the settlement agreement, the state attorney's office agreed to :

• acknowledge its obligation to comply with Title VI.

• hold "mandatory training on nondiscrimination in prosecution" for all state attorney employees and contractors.

• seek DOJ approval of trainers and curriculum.

• provide quarterly nondiscrimination effort reports to the DOJ when requested.

• implement a public complaint process about discriminatory practices.

• within 30 days, communicate with defendants who had a plea deal between January 2017 and April 2023 to determine if they were given an unfair deal.

• identify any additional defendants who were not offered plea deals.

• inform the public defender’s office which defendants may seek an alternative disposition of their charges.

• review all correspondence with affected defendants over a six-year period for additional remedial actions.

• convene a working group with stakeholders to ensure compliance with the settlement and to develop best practices for nondiscrimination prosecution.

Mackenzie Hayes blew the whistle on what appeared to be three tiers of misdemeanor pleas for the six counties of the Second Judicial Circuit. She quit her job after finding the memo that outlined how plea deals are handled.

"I’m extremely pleased to see that the Department of Justice recognizes that prosecuting people differently on the basis of their race is not only immoral and against every prosecutor’s oath to serve justice, it’s illegal. I’m proud to have contributed to a first step to ensure that no one else in Tallahassee and its surrounding communities is treated more harshly by Jack Campbell’s office based on their race ever again," Hayes wrote in a statement.

Hays was assigned to the Monticello office in January of 2017, and said the five-member staff there routinely talked about “Mexicans,” differently than other defendants.

Then she found the misdemeanor plea cheat sheet, which she said fit right in with what she was experiencing.

Hays quit six days after the transfer and moved out of state. She is now a prosecutor for District Attorney Larry Krassner in Philadelphia, PA.

Campbell insisted at the time that the cheat sheet – which was first revealed by Our Tallahassee, a website run by political operative Max Herrle – was a misunderstanding.

“I did not become a prosecutor to give people a hard time about no valid driver’s license,” Campbell told the Democrat.

When the ACLU Florida saw a photograph of the memo it condemned it as large-scale racial profiling that changes people's lives forever over “minor offenses. “

Florida does not permit undocumented immigrants from receiving a driver’s license. Nineteen states do if an applicant provides certain documentation, according to the National Conference of State Legislatures.

In an email to media, Campbell, first elected in 2017, emphasized the review did not make “a finding of discrimination."

"However, this episode has emphasized the need for more training, policy revisions, and outreach to ensure we appropriately serve the communities we represent," wrote Campbell.  "The Department has agreed to provide us with more resources for the next two years and we are committed to improving.”

James Call is a member of the USA TODAY NETWORK-Florida Capital Bureau. He can be reached at jcall@tallahassee.com and is on X as @CallTallahassee.

This article originally appeared on Tallahassee Democrat: Racism uproar in Florida prosecutor's office leads to DOJ settlement