WASHINGTON — Following days of backlash, the Chairman of the DC Council, Phil Mendelson, decided to delay the vote for his nominee to serve in the District's Sentencing Commission that was scheduled for Tuesday morning.
"I felt it was important to lower the temperature level of this appointment," Mendelson told WUSA9.
The chairman said he plans to take the vote up in a couple of weeks, but before that he wants to address what he called misconceptions about the commission's role.
"There is a lot of misunderstanding about what the sentencing commission does," Mendelson said. "It actually reflects where the judges are in terms of sentencing. The commission's role is to minimize vast differences in sentences with similar cirumstances."
Mendelson said the Sentencing Commission advised that the council nominate a returning citizen to be part of the agency that helps shape sentencing guidelines for judges in D.C. Superior Court.
In December, Mendelson decided to put forward Joel Castón, who made history in 2021 when he became the first incarcerated person to win an elected office in the District as Ward 7 ANC Commissioner. He served 27 years behind bars for a murder he committed when he was 18.
D.C.'s top prosecutor was among the opponents to Castón's nomination. In a five-page letter sent to the council on Jan. 2, U.S. Attorney Matthew Graves voiced his concerns about the District's crime rate and the role that the nominee would have on the judicial system as a commissioner. The Sentencing Commission is tasked with advising the Council on issues that promote fair and consistent sentencing policy. According to the agency's website, its primary responsibilities are to monitor the implementation and use of D.C.'s sentencing guidelines and to review and analyze data on sentencing practices and trends in the District of Columbia.
On Monday, Graves told WUSA9 he was looking for a candidate with, "substantial experience in the criminal justice system." Graves said one of the biggest issues he has been trying to flag is the low sentences some criminals are receiving for serious crimes.
"That is driven largely by these guidelines that are created by D.C.'s sentencing commission that advise judges in general for certain offenses the ranges that would be appropriate," Graves said. "In our estimation, these ranges are too low, and we need a commission that has that view and makes the changes that are needed."
Mendelson believes that Graves' concerns about low sentences are being conflated with Castón's nomination.
The Chair of the Committee on the Judiciary and Public Safety, Brooke Pinto, who also serves as one of 17 members on the Sentencing Commission has also echoed concerns about the potential appointment.
Other members of the Council, including Ward 8 Councilmember Trayon White, thought Castón's vote should have moved forward despite the pushback.
"The committee consists of a whole bunch of people with the same kind of résumé," White said.
Councilmember White said he disagrees with Graves' comments about Castón that indicate, "neither that work nor his lived experience as an incarcerated person renders him an expert in sentencing policy matters."
"Joel provides a unique lens, which is needed when we talk about equity and inclusion," White said.
A nonprofit advocacy group, The Sentencing Project, has also called for Castón's confirmation.
“A prior conviction should not disqualify any person from public service, especially from positions that seek to strengthen our criminal legal system," Acting Director Kara Gotsch said in a statement. “Sentencing commissions should reflect the diverse populations they serve, and for far too long, directly impacted citizens have been excluded. We hope the DC Council will agree that all populations affected by the criminal legal system should have a voice on the DC Sentencing Commission."
Mayor Muriel Bowser also handed down her nominee for the Sentencing Commission. She has tapped Ward 1 ANC Sean Holihan. According to his website, Holihan works for former Congresswoman Gabby Giffords' organization. The advocacy group works to reduce gun violence by passing state legislation across the country. Holihan also serve on D.C.'s Concealed Pistol Licensing Review Board.
WUSA9 has reached out to Castón for comment, but he has not responded to our requests.
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