The need to maintain public safety and fight crime doesn't go away in a time of global pandemic. U.S. Attorney David Anderson, the top federal law enforcement official in the Northern District of California, recently discussed his and his office's efforts to maintain regular federal law enforcement activities in irregular times. With the regions federal courthouses closed to nonessential personnel as the Bay Area faces "shelter in place" restrictions, Anderson recently took time to answer The Recorder's email questions about his top priorities and how the office is navigating the challenges of practicing in the current environment.

The Recorder: What can and have you been doing as the region's top federal law enforcement official to address this public health crisis we're facing in the Northern District?

Our overriding mission—to deliver professional law enforcement to the District—has not changed as a result of recent events. What has changed is the environment in which we are executing on that mission. A big part of my job is communications. In times of both crisis and calm, I spend a lot of time listening—to law enforcement, to prosecutors and defense attorneys, to judges and court staff. At the moment, everyone is scrambling to transition from in-person to remote interactions. Video and telephonic hearings. Telework. Submitting documents electronically that traditionally have been handled in paper. Social distancing.

As we work through common questions, it is wonderful to see the high level of trust and respect that is shared among members of the courthouse community. Although we have an adversarial system, times like these reveal the warm personal relationships that have built up over years and decades. We are solving joint operational problems collaboratively. I would give a particular shout-out to Chief Magistrate Judge Joseph Spero for his leadership and to our Federal Defender Steve Kalar, who never gives an inch in court but is collegial and practical outside of it.

Most importantly to me, my colleagues in the U.S. Attorney's Office have continued to serve.  Last week, for example, we unsealed a 17-defendant indictment charging gang violence and racketeering in the Mission District of San Francisco. This week the court has been hearing our detention motions and setting further court dates for all those defendants.

How have the operations of the U.S. Attorney's Office been affected by the federal and state emergency declarations and the local health orders? Are things operating in any way close to normal? Are some lawyers and staff working from home? 

We are a federal agency and therefore not subject to the commands of local officials.  Nonetheless, we are conforming our operations to all local health advisories. We have implemented a maximum telework policy for all AUSAs, staff, and contractors. Telework is a big change for us. Some of my teammates have never worked from home. Everyone is learning the etiquette of large conference calls. Email responsiveness is accelerating. I predict permanent cultural change.

How have your priorities for the office changed over the past week or so? How do you foresee them changing moving forward?

As The Recorder reported last year, our charging statistics for the fiscal year ending Sept. 30, 2019, were up 24% over the previous year. To date during the current fiscal year, those charging statistics have surged by an additional 32%. Until 10 days ago, our office was on pace for its most productive year in a decade. These numbers are meaningful, not in themselves, but because they reflect our determination to deliver professional law enforcement throughout the District. The improvements have been broad-based, with strength in virtually all case categories, large and small.

Now and in the coming weeks, we will focus on maintaining continuity of operations, protecting the community, and respecting the rights of defendants and victims in an extraordinary operational environment. Federal law enforcement retains its capacity to charge and arrest. At the same time, I appreciate that defense attorneys cannot connect as readily with their in-custody clients, and the court is adjusting its operations to protect the health of everyone with business in the courthouse. In the short term, we will prioritize our casework to match the capacity of the bench and bar. I expect that capacity to rise over time.

An important issue will be pretrial detention. Some commentators have focused their attention exclusively on the health of offenders and fears that a coronavirus contagion will spread within lockup. In objectively assessing those fears, we need to take into account the needs of offenders, their custodians, and the community that could suffer if the wrong offenders are released. I would note that our U.S. Marshal Don O'Keefe and his deputy staff have extensive experience with sick and infirm detainees. I would not dismiss that experience on the basis of unproven assumptions about how offenders will care for themselves if they are released.  Offenders don't necessarily lead healthy lives outside of incarceration. Even more fundamentally, we have an overriding obligation to protect the community. In my view, now is not the time to be tilting toward the release of persons previously shown to be a flight risk or danger to the community.

What's your message to folks in the office right now?

We have told our office: If you can work from home, you should do so. If you need to come to the office to do your work, and you can get to the office safely, you may do so. I recognize that there may be a period of adjustment with kids at home and many other changes to our daily routines. We are generally not entitled, however, to focus only on ourselves. Our mission is essential, and we need to continue to fulfill it. We have investigations to lead, charges to present, defendants to convict, and a community to protect.

What are you doing to take care of yourself and your family?

Handwashing. Daily temperature checks. Eating at home. Working out at home, not at the gym. My wife, Kat, runs a cafe, and I see the challenges she is facing. Meanwhile, my young-adult son and daughter live with us post-college and are now working from home. Normally they are far too busy to spend time with me. I am seeing more of them these days!