Philly's elected prosecutor sues to stop law designed to limit authority on transit system crimes

Philadelphia’s two-term elected district attorney said Thursday he wants a court to stop plans to appoint a special prosecutor who would handle crimes on the city’s transit system under a new law designed to dilute his authority that he argues is unconstitutional.

It’s not the first time progressive District Attorney Larry Krasner has gone to court over lawmakers' efforts, which he argues overstep their authority to punish him over political differences.

“When I made the unexpected decision to run for DA in 2017, I thought that meant district attorney,” Krasner said at a news conference about the litigation. “I didn’t know the DA actually stood for democracy advocate.”

The measure, which saw bipartisan support in the House and was signed by Democratic Gov. Josh Shapiro last month, created a special prosecutor with the authority to investigate and prosecute crimes that occur on the city’s public transit system, the Southeastern Pennsylvania Transportation Authority (SEPTA).

The lawsuit seeking to block the law's implementation alleges the special prosecutor would take 89% of the land area from the city out of the district attorney’s jurisdiction. The lawsuit asks that the law get thrown out and an injunction be issued to prevent Attorney General Michelle Henry from implementing it.

The attorney general’s office was directed to appoint the new special prosecutor within 30 days. The deadline is this week. The law requires that the prosecutor can’t have worked for that office or Krasner during the past six years, must have five years of criminal prosecution in the state and 10 years of good standing with the bar and be a resident of the Philadelphia.

“Our office has worked hard to meet the mandate to appoint a special prosecutor, but given the narrow requirements set by the legislature we have been unable to do so,” Henry said in a statement.

She added it was not her office's duty to “determine the wisdom of the policy.”

“The Office of Attorney General also does not have the power to, on its own, declare the statute unconstitutional — that power rests solely with the judiciary,” Henry said. Unless a court of law rules it unconstitutional, the office must carry out the mandate, she added.

The complaint, filed Thursday, alleges that the law specifically targets Krasner and his office, discriminates against Philadelphia and its voters compared with other counties served by SEPTA and that the state constitution doesn’t allow special counsel to “divest and nullify” Krasner’s authority, among other things.

John Summers, Krasner's attorney, called the measure a “constitutional trainwreck.”

“It is a tangle that cannot and should not be enforced, and that’s why the district attorney has filed an action seeking a court declaration and injunction to prevent it,” Summers said.

Republicans defended the legislation, saying it is meant to make the city safer, and they emphasized its bipartisan passage. They have said such a move was necessary because high-profile violent crimes, like gun crimes, weren’t adequately prosecuted.

“It is time DA Krasner stops playing political games and starts working with Republicans and Democrats alike” to ensure the safety of Philadelphians, said Senate Republican Leader Joe Pittman of Indiana County.

The bill’s sponsor Sen. Wayne Langerholc, a Republican from Cambria County, said it would not take power from Krasner or encroach on his jurisdiction. He called Krasner’s portrayal of the legislation a “falsehood."

“I would encourage those who spoke so loudly against the bill to get a copy and read it,” he said.

At the news conference, Krasner dismissed that criticism, saying his office has prosecuted 92% of crimes SEPTA has sent his office. He warned that if the court agrees with him, any cases pursued by the special prosecutor could be overturned.

Krasner has clashed with legislators in Harrisburg for years. He was impeached by Republican members of the House in November 2022, but a state Senate trial has been stalled after Krasner sued to stop it. His case is now before the state Supreme Court.

Krasner’s election to office in 2017 came in a wave of progressive victories, campaigning on policies that include diversion to mental health treatment or drug abuse treatment for low-level crimes, holding police more accountable, and proactive efforts to free inmates who were wrongfully convicted.

But progressive prosecutors have met backlash and scrutiny from conservative lawmakers. In San Francisco, Chesa Boudin was recalled by voters, while St. Louis Circuit Attorney Kim Gardner resigned following a turbulent tenure that included criticism of her policies by Republican lawmakers in Missouri.

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Brooke Schultz is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.