Long Beach City Prosecutor Candidate Questionnaire 2022

46 minute read

What’s a city prosecutor?

Next time you decide to shoplift a bottle of shampoo from your local drug store or urinate behind said drug store, think again! Long Beach’s city prosecutor is duly elected to make sure you are punished. Charges for misdemeanors committed within city limits are filed by the city prosecutor. These range from the banal (traffic violations, disturbing the peace) to the more serious (drunk driving, domestic battery), but only include crimes that are punishable by no longer than one year in jail and a fine up to $1,000. The city prosecutor has discretion over what crimes to prioritize for prosecution, what penalties to seek, and implementing alternatives to prosecution. 

When’s the next election?

The election for Long Beach City Prosecutor will take place on June 7. If a candidate is unable to secure 51% of the vote, a runoff election will take place on Nov. 8 between the two candidates with the most votes. For information about how to vote, you can visit the City Clerk’s website and the state’s voter status portal

Who’s running?

The city’s current City Prosecutor, Doug Haubert, is running for re-election after first winning the seat in 2014. He is being opposed by LA District Attorney Gang Prosecutor Nick Liddi III and attorney Geroge Moyer. Only Moyer submitted answers while Haubert and Liddi declined to answer the questionnaire. We extend our thanks to the candidate who submitted answers.

Why a questionnaire?

Each election since our founding, FORTHE has committed itself to providing space for local candidates to introduce themselves and communicate their views on important topics to our readers. This election is no different. We sent our questionnaire to the 35 candidates running for local office. We crafted specific questions for each race based on our previous reporting and deep research into the issues affecting Long Beach, including the environment, public health, police accountability, and housing and homelessness. We also asked about each candidates’ campaign finances. 

Below you’ll find our city prosecutor candidate questionnaire and abbreviated versions of each candidates’ answers. You can click on the excerpt to view the full answer. Please note that answers have been lightly edited for grammar and spelling.

Tell us about your background and how it informs your decision to run for city prosecutor.

George Moyer

During a year practicing in the Long Beach courthouse, I tried eight jury trials against the City Prosecutor, winning all of them. That was part of what brought me to this campaign - the office was careless and sloppy when it came to filing cases, and its resistance to settling cases or finding alternative resolutions led to a lot of pointless and expensive trials that they had no hope of winning.

Tell us about your background and how it informs your decision to run for city prosecutor.

George Moyer

During a year practicing in the Long Beach courthouse, I tried eight jury trials against the City Prosecutor, winning all of them. That was part of what brought me to this campaign - the office was careless and sloppy when it came to filing cases, and its resistance to settling cases or finding alternative resolutions led to a lot of pointless and expensive trials that they had no hope of winning.

Long Beach is one of the few jurisdictions in California where misdemeanors are not prosecuted by the district attorney’s office. What advantages and/or disadvantages do you see in having a local prosecutor handling these cases.

George Moyer

The advantage is that we can have a prosecutor who is invested in our community and its unique needs ... A disadvantage is that the office can be more easily influenced by local politics, both in its charging decisions and how it chooses to resolve cases. A more professionalized City Prosecutor’s office, or simply having the duties of the City Prosecutor absorbed into the District Attorney’s Office, could have avoided the misconduct and conflicts of interest that have plagued it.

Long Beach is one of the few jurisdictions in California where misdemeanors are not prosecuted by the district attorney’s office. What advantages and/or disadvantages do you see in having a local prosecutor handling these cases.

George Moyer

The advantage is that we can have a prosecutor who is invested in our community and its unique needs ... A disadvantage is that the office can be more easily influenced by local politics, both in its charging decisions and how it chooses to resolve cases. A more professionalized City Prosecutor’s office, or simply having the duties of the City Prosecutor absorbed into the District Attorney’s Office, could have avoided the misconduct and conflicts of interest that have plagued it.

What do you believe to be the root cause of crime and what evidence do you have to support your answer?

George Moyer

Crime is a choice made by individuals, groups, corporations, based on their experiences, conditions, and the opportunities available to them. I would never claim to be able to solve the root causes of all crime - I believe that even in a utopian society, people will still harm one another, and we would need to respond in an appropriate way ... For a more systemic understanding of crime, punishment, and inequality in the States, I recommend the work of Adaner Usmani.

What do you believe to be the root cause of crime and what evidence do you have to support your answer?

George Moyer

Crime is a choice made by individuals, groups, corporations, based on their experiences, conditions, and the opportunities available to them. I would never claim to be able to solve the root causes of all crime - I believe that even in a utopian society, people will still harm one another, and we would need to respond in an appropriate way ... For a more systemic understanding of crime, punishment, and inequality in the States, I recommend the work of Adaner Usmani.

Fees for court mandated diversion programs/services can prevent low-income residents from accessing diversion services, with some fee-driven programs even described as predatory. How would your office ensure that diversion services don't place an undue financial burden on low-income participants?

George Moyer

I would require that programs evaluate participants’ ability to pay, even better would be to make programming that is not paid for by fees. Fee-based programs punish poor people for being poor. I think we do enough of that already without doing it again in court.

Fees for court mandated diversion programs/services can prevent low-income residents from accessing diversion services, with some fee-driven programs even described as predatory. How would your office ensure that diversion services don't place an undue financial burden on low-income participants?

George Moyer

I would require that programs evaluate participants’ ability to pay, even better would be to make programming that is not paid for by fees. Fee-based programs punish poor people for being poor. I think we do enough of that already without doing it again in court.

The Los Angeles County Law Enforcement Assisted Diversion Program (LEAD), which Long Beach participates in, gives police officers the option to refer certain disadvantaged people to a case worker at the point of arrest instead of taking them into custody. Do you believe the sole discretion to refer people to LEAD in these situations should remain with law enforcement officers?

George Moyer

One concern I have is that when individuals are referred to a case worker without being able to talk to a lawyer, they may not be able to grasp the full risks and benefits that can come from their participation in services ... I also believe that this type of programming is likely to be more successful if individuals are put through a formal evaluation, including with a medical doctor, psychologist, or psychiatrist if there are mental health issues presenting.

The Los Angeles County Law Enforcement Assisted Diversion Program (LEAD), which Long Beach participates in, gives police officers the option to refer certain disadvantaged people to a case worker at the point of arrest instead of taking them into custody. Do you believe the sole discretion to refer people to LEAD in these situations should remain with law enforcement officers?

George Moyer

One concern I have is that when individuals are referred to a case worker without being able to talk to a lawyer, they may not be able to grasp the full risks and benefits that can come from their participation in services ... I also believe that this type of programming is likely to be more successful if individuals are put through a formal evaluation, including with a medical doctor, psychologist, or psychiatrist if there are mental health issues presenting.

Are there any misdemeanors that are not currently deprioritized that you would deprioritize for prosecution?

George Moyer

Yes, what I would call victimless prosecutions. I would generally not prosecute crimes like the possession of drugs for personal use, driving on a suspended license, or engaging in sex work.

Are there any misdemeanors that are not currently deprioritized that you would deprioritize for prosecution?

George Moyer

Yes, what I would call victimless prosecutions. I would generally not prosecute crimes like the possession of drugs for personal use, driving on a suspended license, or engaging in sex work.

Given that traditional prosecution of drug-related offenses with an emphasis on incarceration has largely been ineffective at addressing addiction, do you plan to use a public health/harm reduction approach to handle these cases. If so, how?

George Moyer

I do support taking a public health/harm reduction approach to drug possession offenses ... As prosecutor, I will work with our city departments, including the Long Beach Health Department and Homeless Services Bureau and coordinate with county, state, and federal officials to effectively help our neighbors struggling with substance abuse, and end the prosecution of drug possession for personal use in our city, while working to strengthen substance abuse treatment for all who need it.

Given that traditional prosecution of drug-related offenses with an emphasis on incarceration has largely been ineffective at addressing addiction, do you plan to use a public health/harm reduction approach to handle these cases. If so, how?

George Moyer

I do support taking a public health/harm reduction approach to drug possession offenses ... As prosecutor, I will work with our city departments, including the Long Beach Health Department and Homeless Services Bureau and coordinate with county, state, and federal officials to effectively help our neighbors struggling with substance abuse, and end the prosecution of drug possession for personal use in our city, while working to strengthen substance abuse treatment for all who need it.

How do you propose to stop the cycle of poverty created by traffic infraction fines?

George Moyer

I will generally not be pursuing traffic infraction fines as Long Beach City Prosecutor, and my approach to court fines and fees in general will be to encourage the court to waive or stay them whenever a defendant does not have the ability to pay. That’s the law for almost all fines and fees already, there are very few that are truly mandatory.

How do you propose to stop the cycle of poverty created by traffic infraction fines?

George Moyer

I will generally not be pursuing traffic infraction fines as Long Beach City Prosecutor, and my approach to court fines and fees in general will be to encourage the court to waive or stay them whenever a defendant does not have the ability to pay. That’s the law for almost all fines and fees already, there are very few that are truly mandatory.

How would you prioritize the prosecution of landlords who repeatedly violate health and safety codes and do not properly maintain their apartment buildings?

George Moyer

I will make it a high priority to work with Code Enforcement to identify and prosecute landlords who endanger their tenants and blight our neighborhoods. While I believe that most landlords are doing a good job, my office will consult with tenant organizations, community groups and responsible housing providers to prioritize legal action against the small group of landlords who repeatedly violate their tenants’ rights.

How would you prioritize the prosecution of landlords who repeatedly violate health and safety codes and do not properly maintain their apartment buildings?

George Moyer

I will make it a high priority to work with Code Enforcement to identify and prosecute landlords who endanger their tenants and blight our neighborhoods. While I believe that most landlords are doing a good job, my office will consult with tenant organizations, community groups, and responsible housing providers to prioritize legal action against the small group of landlords who repeatedly violate their tenants’ rights.

Up until the an LA County Superior Court judge ended the practice in 2016, the city prosecutor's office under your watch of the incumbent was charging gay men with lewd conduct who had been entrapped by decoy LBPD officers. Six years later, the prosecutor’s office has yet to apologize to the LGBTQ+ community. Would you have handled this differently? How?

George Moyer

First, I would publicly apologize for the conduct of the LBPD and the city prosecutor’s office ... Second, I would begin a kind of truth and reconciliation project, ideally partnering with local university students, to understand the full scope of the practice as it dated back to the early 20th century.

Up until the an LA County Superior Court judge ended the practice in 2016, the city prosecutor's office under your watch of the incumbent was charging gay men with lewd conduct who had been entrapped by decoy LBPD officers. Six years later, the prosecutor’s office has yet to apologize to the LGBTQ+ community. Would you have handled this differently? How?

George Moyer

First, I would publicly apologize for the conduct of the LBPD and the city prosecutor’s office .... Second, I would begin a kind of truth and reconciliation project, ideally partnering with local university students, to understand the full scope of the practice as it dated back to the early 20th century.

The state recently ended cash bail for defendants who cannot afford it. Do you believe cash bail should be ended for all defendants?

George Moyer

Yes. I do believe in ending cash bail. Cash bail degrades our system of justice. An effective and ethical prosecutor’s office can win convictions without using tactics that punish people for being poor while enriching the private bail bond industry.

The state recently ended cash bail for defendants who cannot afford it. Do you believe cash bail should be ended for all defendants?

George Moyer

Yes. I do believe in ending cash bail. Cash bail degrades our system of justice. An effective and ethical prosecutor’s office can win convictions without using tactics that punish people for being poor while enriching the private bail bond industry.

Do you support the recall of LA County District Attorney George Gascon?

George Moyer

I do not support the recall. I generally support Gascon’s approach to misdemeanor offenses, which is what this office covers. I’m critical of the policies that he made without exceptions in felony prosecutions, and we see that he is changing some of those policies.

Do you support the recall of LA County District Attorney George Gascon?

George Moyer

I do not support the recall. I generally support Gascon’s approach to misdemeanor offenses, which is what this office covers. I’m critical of the policies that he made without exceptions in felony prosecutions, and we see that he is changing some of those policies.

How would you prioritize investigating and enforcing wage theft laws?

George Moyer

California law has always allowed for the prosecution of wage theft, but prosecutors have generally tolerated these crimes. As city prosecutor, I will stand up for workers in our city who are not getting their fair share, and hold wage thieves accountable.

How would you prioritize investigating and enforcing wage theft laws?

George Moyer

California law has always allowed for the prosecution of wage theft, but prosecutors have generally tolerated these crimes. As city prosecutor, I will stand up for workers in our city who are not getting their fair share, and hold wage thieves accountable.

Do you think Proposition 47, which reclassified certain theft and drug possession offenses from felonies to misdemeanors, has led to an increase in crime?

George Moyer

No. It may have led to more convictions for drug possession, because you cycle the same people in and out of jail or send them to poor quality programming, basically failing to address the root causes discussed above. But I don’t view those cases as crimes.

Do you think Proposition 47, which reclassified certain theft and drug possession offenses from felonies to misdemeanors, has led to an increase in crime?

George Moyer

No. It may have led to more convictions for drug possession, because you cycle the same people in and out of jail or send them to poor quality programming, basically failing to address the root causes discussed above. But I don’t view those cases as crimes.

Diversion programs for first time DUI offenders are currently a matter of legal debate. Do you support diversion programs for first time DUI offenders?

George Moyer

No. It may have led to more convictions for drug possession, because you cycle the same people in and out of jail or send them to poor quality programming, basically failing to address the root causes discussed above. But I don’t view those cases as crimes.

Diversion programs for first time DUI offenders are currently a matter of legal debate. Do you support diversion programs for first time DUI offenders?

George Moyer

No. It may have led to more convictions for drug possession, because you cycle the same people in and out of jail or send them to poor quality programming, basically failing to address the root causes discussed above. But I don’t view those cases as crimes.

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[1] Militarily demobilized. Since WWII—which was both the death knell of European colonial empires as well as the starting shot of the American neocolonial era—Europe has had notoriously scant standing armies, and has been able to consistently slash government military spending domestically and as a percentage of their contributions to international diplomatic bodies such as the UN. This is because nowadays European nations very rarely find themselves in situations where they need to independently send their militaries abroad in order to secure trade routes, foreign resources, or privileges within markets overseas; the U.S. has been fulfilling that hard-power obligation for them for over half a century. The social results of Western Europe’s decreased militarization are striking, especially when contrasted with the U.S.: there is not a single country in Western Europe without universal healthcare, labor rights and welfare systems are strong, value is placed on corporate and financial regulation, environmental policy is lightyears ahead, and, not least of all, there is a robust governmental approach to curbing digital surveillance and reining in tech monopolies. Japan enjoys a similar arrangement with the U.S. in which it, too, is militarily demobilized yet is given full access to, and prominence in, the global economy. In the last decade there has been a reversing trend of remilitarization in some of these nations. That trend was hastened during the last four years as a result of Trump’s ultranationalist politics, but is likely to continue even after his departure in large part due to the growing bipolar geopolitical climate of competition between superpowers.

The “owner” bit of home-“owner” appears in scare quotes throughout the text for reasons that will shortly become apparent.

Nothing signals trouble quite like consensus.

More on them later.

And, anyways, what exactly remains “obvious” in an era “post-truth”?

I take as my starting position that even the “obvious” must be won.

It’s like Lenin said, you know…

Whether directly, or through a chain of investments, or through the wider speculative market in real estate.

I use “banks” in this piece as a stand-in for several sources of income that derive partly through the mortgaging of property and/or investment in institutions that have the power to mortgage property.

That is just its “ideology.”

The Ricardian “law of rent” explains that any location with an advantage over another location, can accrue an economic value, called “rent,” to the owner.

This happens without the owner needing to pitch in to create the advantage.

If the owner does pitch in, then the value accrued from that advantage cannot be called “rent.”

“Rent,” in economic terms, is only, precisely, the value accrued from that portion of the advantage for which the owner is not responsible. That is what we mean when we say, “Rent is theft.”

This does not mean places with lower property taxes ipso facto have higher property prices—and that is because the property tax is only one of the contributing factors. You could have zero taxes on land in Antarctica, for instance, and it would still sell for $0. This is why the introduction to the analogy controls for such variables.

This is the logical conclusion of believing two premises:

(1) All humans have an equal right to the Earth.
(2) Vaginal birth is a lottery system

Prop 13 is rent control for home-“owners.” You can learn more about its history and impact here.

“Hamlet” by William Shakespeare. Act 4, Scene 5

This is why the lobbyists who spend the most money to support the mortgage interest deduction are bankers, mortgagers, and realtors.

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