Information

Type: Deliberation

Department: CLRK - Clerk

Directors' Update: Sept. 29, 2021

Business Meeting: Oct. 5, 2021

Summary:

This resolution approves a reimbursement agreement with the Administrative Office of the Courts, whereby the State will partially reimburse Lewis County for extraordinary costs related to responding to the State v. Blake decision, which overturned fifty years of convictions for possession of a controlled substance.  The contract includes up to $1,260,500 to reimburse extraordinary processing costs for vacations or resentencings in individual cases and up to an additional $491,711 to reimburse the County for returning, on behalf of the State, legal financial obligations paid in such cases.    

Publications:

Cover Letter To: Christopher Stanley, Chief Financial and Management Officer for the Administrative Office of the Courts, Christopher.Stanley@courts.wa.gov

Additional Copies To: Scott Tinney, Becky Butler, Grace Jimenez

Resolution

WHEREAS, the Supreme Court of Washington, in State v. Blake, held that fifty years' worth of convictions for simple possession of a controlled substance were unconstitutional and void; and

WHEREAS, defendants convicted of such offenses have a right to vacate their convictions, be resentenced if appropriate, and receive a refund of legal financial obligations paid, if they were ordered solely as a result of the void conviction; and

WHEREAS, Lewis County, on behalf of the State of Washington, has an obligation to facilitate such court proceedings and to refund these paid legal financial obligations; and

WHEREAS, the State of Washington has recognized that these county activities on its behalf are extraordinary, beyond the normal administration of justice for which counties would normally pay; and

WHEREAS, the State of Washington has appropriated tens of millions of dollars to reimburse the counties for this extraordinary work on its behalf, which has been allocated to the counties in proportion to their Blake-affected cases from within the last ten years; and

WHEREAS, the State of Washington's appropriation will not cover the full costs of such county activities on behalf of the State, but it is a welcome step to begin affording the affected defendants the relief to which they are entitled under the law; and

WHEREAS, the Board of County Commissioners has reviewed the Reimbursement Agreement with the Administrative Office of the Courts and finds it to be in the public interest.

NOW THEREFORE BE IT RESOLVED that the Reimbursement Agreement is approved.  County Clerk Scott Tinney, who will administer his office's work in processing refunds in Blake-affected cases, is authorized to sign on behalf of Lewis County and to act as program manager for this agreement.

DONE IN OPEN SESSION this 5th day of October, 2021.