Information

Type: Deliberation

Department: CLRK - Clerk

Directors' Update: July 3, 2024

Business Meeting: July 9, 2024

Summary:

This resolution approves a reimbursement agreement with the Administrative Office of the Courts, whereby the State will reimburse Lewis County for extraordinary costs related to responding to the State v. Blake decision, which overturned 50 (fifty) years of convictions for possession of a controlled substance. The contract includes up to $977,363 for extraordinary judicial, prosecutorial, and/or defense-related costs (collectively, “Costs”) of resentencing and vacating the sentences of individuals whose convictions and/or sentences are affected by the Blake decision

Publications:

Cover Letter To: Sharon Fogo Blake Implementation Manager PO Box 41170 Olympia, WA 98504-1170 Sharon.fogo@courts.wa.gov

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

Resolution

WHEREAS, the Supreme Court of Washington, in State v. Blake, held that 50 (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 remit legal financial obligations refunds to the State to process; 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 funds 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; 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 in the amount of $977,363 for a performance period of July 1, 2024, through June 30, 2025, is approved. County Clerk Scott Tinney, who will administer his office's work on the Blake-affected cases, is authorized to act as program manager for this agreement; and Clerk Scott Tinney -- or any one of Lewis County's three county commissioners -- may sign the agreement on behalf of Lewis County.

DONE IN OPEN SESSION this 9th day of July, 2024.