Showing posts with label law and justice. Show all posts
Showing posts with label law and justice. Show all posts

The City of Shoreline gets a community court

Friday, December 13, 2019

Community Court will be held at Shoreline City Hall
Photo by Steven H. Robinson

By Jamie Holter

On January 7, 2020, the City of Shoreline, in partnership with King County District Court and a long list of community partners, will open the doors on a new type of court for those who have committed low-level crimes, such as misdemeanor theft, drug offense, and property crimes.

Community court is an innovative approach that holds people accountable for what they’ve done AND addresses the underlying issues that contributed to their crime, issues like substance use, homelessness, and mental or behavioral health issues.

Research and recidivism statistics show that low-level offenders who get the help they need are less likely to reoffend.

It works like this: the person is arrested and identified by the Shoreline Prosecutor. The city defense attorney and other parties, including the King County District Court judge and the arresting officer, have the option of referring the suspect to community court.

If the person agrees, they receive a needs assessment and then go before a judge. The judge, with prosecutors and defense attorneys, decides what specific support the defendant needs and what classes he/she must take. The person is also required to complete community service.

If the program participant completes the required work, like attend substance use therapy for a designated time or gets specific medical treatment, charges are dismissed.

“These people are in our community before and after they are taken into custody,’ said Callista Welbaum, Therapeutic Courts Manager for King County. 
“They can either go to jail, get no help and be released back into our community OR they can get the help, succeed, and then be released back into the community.”

Data shows the entire community is better off if they get help because they are less likely to reoffend.

Community court will be open on Tuesdays from 1:30-3:30pm at City Hall.

“Sometimes the criminal justice system can seem like a revolving door,” said Shoreline Mayor Will Hall. “A handful of people getting arrested, going to court, going to jail, getting out, and getting arrested again. Once the cycle begins, it can be hard to break.
“For non-violent offenders with mental health issues, substance abuse issues, and extreme poverty, the system doesn’t work because it doesn’t address the root causes of the criminal behavior. If we can intervene and provide the right assistance at the right time, we can break the cycle and make our community safer.”

Here is the best part. It’s not JUST for court participants. Support is available to all community members at a Shoreline Community Resource Center that will operate in conjunction with community court.

Each week, at Shoreline City Hall, community partners will set up shop to help all comers. Here is a short list of services that will be available at this location.
  • DSHS programs
  • Job readiness, job searches, resumes, and temporary work
  • Mental health and substance use disorder help and support
  • Dispute resolution and civil legal matters
  • Going back to school: GED, HS, or college
  • Reduced fare bus passes (at Hopelink, across the street from city hall)
  • Emergency food and food bank info
  • Housing assistance and shelter referrals
  • Info about free cell phone services
  • Library cards and services

Not every service will be available every Tuesday. Once the schedule is set, the city will post it on the website and at the Resource Center.

The City of Shoreline will be the third community court to come online. The Community Court in Burien opened in February 2019. The Redmond court opened in April 2018. Both have managed hundreds of cases and provided thousands of service hours.


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Snohomish County Prosecuting attorney defends decision not to file charges in Harvey’s Lounge case involving Shoreline student

Thursday, December 5, 2019

Snohomish County Prosecuting Attorney Adam Cornell, left,
listens as Diversity Commissioner Mindy Woods, right, asks a question.

Text and photos by Teresa Wippel

Snohomish County Prosecuting Attorney Adam Cornell came before the Edmonds Diversity Commission Wednesday night, December 4, 2019 to defend the decision of his office not to charge a Lynnwood woman with malicious harassment in connection with racially motivated threats involving two African American teenagers outside Edmonds’ Harvey’s Lounge.

Police charging documents filed with the prosecutor’s office following the Feb. 4, 2018 incident included a statement by one of the victims, an 18-year-old man — who said he feared for his safety after a woman carrying a baseball bat threatened him and his 14-year-old sister, a Shorecrest student, using a racial slur.

The two teens told police that they were taking pictures for a school project in the parking lot outside the Jack in the Box, located next door to Harvey’s in the 21100 block of Highway 99, when a man came out of the bar and told them to leave. The older teen discovered later that his wallet was missing and so he returned to look for it. 

He said he then saw a woman appear outside Harvey’s holding a baseball bat, and heard her say to him and his sister, “We want you n-word off the property.”

Cornell, who lives in Edmonds and was elected as Snohomish County Prosecutor a year ago, said that the Edmonds police investigation — which included both witness statements and extensive video footage from Harvey’s — did indicate the woman — a Harvey’s employee — was holding a bat and that she did direct racial slurs at the teens. However, the bat “was not brandished in a threatening way,” Cornell said. “And the video proves that.”

The woman appearing at the door of Harvey’s with the baseball bat
Feb. 4, 2018, as captured on surveillance footage.

“In this case there were insufficient facts for my office to charge the suspect with the crime of malicious harassment,” Cornell said. 
However, declining to file charges “in no way endorses the vile and shameful words that were uttered by this person,” he added. 
“This language has no place in a civil society. But the law does not allow me, under the specific facts of this case, to charge this person for their vile and shameful words because the words and the actions did not constitute a true threat under the law. It is not against the law for a person to utter vile and shameful things absent a true threat.”

Cornell also said that Edmonds police “did a fine investigation. It would be unfair for the community to think that the police in this matter didn’t do everything that they possibly could have.” While there was probable cause for referral of charges to the prosecutors office — which police did — prosecutors “have to believe there is proof beyond a reasonable doubt, which is the highest standard in the law,” he said.

Edmonds Diversity Commissioner Donnie Griffin challenged the decision of the prosecutor’s office, stating he believes “there are a couple of things that don’t square up.” One was the lack of the response to citizens’ inquiries regarding the status of the investigation. “Seems to be poor communication,” Griffin said. “What’s most important when these things happen is that we hear from the prosecuting attorney’s office.”

The second issue, Griffin said, is whether the police “dropped the ball in their investigation.” 
“Either the police department didn’t do a very good job with their investigation and (didn’t) bring a case to you that is winnable, or maybe it’s not a priority,” Griffin said.

Cornell replied that “there wasn’t anything else that police could have done.” Video obtained by police was “crystal clear as far as showing our inability to prove the case beyond a reasonable doubt,” Cornell said. “We can’t make up the facts. We had everything we needed to make a decision, and it was the right decision.”

The decision not to file charges in the Harvey’s case was made “a long time ago,” Cornell said, but he added that his office doesn’t send out press releases about those decisions. He agreed to come to Wednesday night’s meeting to speak about the issue when the commission inquired earlier this fall about the status of the Harvey’s incident.

Commissioner Mindy Woods asked Cornell why — if the woman was holding a bat and using racial slurs in “a threatening manner” — the case didn’t qualify as a hate crime.

“It doesn’t rise to the level of a prosecutor being able to prove that crime beyond a reasonable doubt based on facts,” Cornell replied. “It just doesn’t.”

“I know you’re all disappointed in this decision and I’m sorry you’re disappointed,” Cornell continued. “But if some day the shoe was on the other foot and somebody wanted me to charge somebody where we didn’t have enough evidence, you would demand that that person not be charged. We don’t pick our causes. We make our decisions based on the facts and the law. And we should not want to live in a society that is any different.”

The mother of the two teens involved in the Harvey’s incident — Darnesha Weary of Edmonds — was present to hear Cornell’s presentation. Commissioner Sarah Mixson nodded to Weary when she asked Cornell if the prosecutor’s office has a policy of informing those involved in such incidents regarding their charging decisions. 

Cornell replied it was his understanding that an assigned victim advocate from his office “reached out to the family” regarding the decision, but Weary responded that she never heard from anyone. 
“That was not information that was provided to me,” replied Cornell, who added that if Weary or other family members weren’t informed, “that’s a miss on my office’s part clearly.”

Commissioner Maria Montalvo said the Harvey’s situation is a good reminder of the work that the Edmonds Diversity Commission can do in the future, such as having an “official channel” open to the prosecutor’s office to monitor charging decisions and to ensure that a victim’s advocate is assigned in similar cases so that followup occurs.


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3rd Ave Courthouse entrance closed because of attacks on pedestrians

Tuesday, December 3, 2019

Third Avenue entrance to the King County Courthouse
has been closed for the safety of staff, attorneys,
jurors, and visitors
Photo by Google


The 3rd Avenue entrance to the King county courthouse has become so unsafe that the entrance has been closed. Attorneys, courthouse workers, and jurors have all been attacked by street people. Reportedly at least one man has attacked four different people but was charged and released each time.

The Courthouse belongs to King county but is in the jurisdiction of the City of Seattle and Seattle Police.

In the wake of more attacks in the vicinity of the King County Courthouse, the King County Government and Oversight (GAO) Committee will hear testimony regarding security around the perimeter of the King County Courthouse at its Tuesday, December 10, 2019 meeting at 3:00pm in the King County Council Chambers.

The Presiding Judge of the King County Superior Court, Jim Rogers, Seattle Police Chief Carmen Best and Seattle City Attorney Pete Holmes have been invited to attend and provide input.

“The intent of this meeting is to bring the various stakeholders, City, County and respective justice systems, together so that we can begin to work as a united front to solve this crisis,” said Government Accountability and Oversight Committee Chair Pete von Reichbauer of Federal Way.

King County Council Chair Rod Dembowski issued a statement.

“I support the Superior Court’s decision to take aggressive action to protect the public and our county employees who work in and near the King County Courthouse.  I have fought to secure funding in recent years to keep the Fourth Avenue entrance open, as well as worked to activate and improve safety in City Hall Park.  I have advocated directly to Mayor Durkan to increase the City’s police presence around the courthouse.  
Unfortunately, security remains a serious concern with inadequate attention and action to date.
“I am introducing emergency legislation to appropriate necessary funding to support the work and recommendations of the court’s proposed courthouse security work group, as well as to immediately enhance safety around the courthouse, and plan for longer-term safety and security improvements to the area.”


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Attorney General Ferguson garners first conviction under animal trafficking act

Friday, November 15, 2019

Genetic testing proved the figure
contained ivory
Photo courtesy Atty General's office

Attorney General Bob Ferguson announced Thursday that Donald Frank Rooney of Everett has pleaded guilty to trafficking in species threatened with extinction under a voter-approved initiative banning the sale or transfer of products made from certain endangered species.

Rooney’s plea and sentencing in Snohomish County Superior Court represents the first-ever conviction under the Washington Animal Trafficking Act (WATA). Rooney was sentenced to 15 days in jail, 30 days of electronic home monitoring, and will pay a $10,000 fine and a $4,000 criminal wildlife penalty paid to the state Department of Fish and Wildlife to help fund future enforcement.

In addition to three items Rooney sold to Fish and Wildlife detectives that genetic testing confirmed contained ivory, he will also forfeit over 1,500 similar items found in his home.

Ferguson filed the criminal charges against Rooney under WATA in April.

The charges against Rooney were among the first brought under WATA, which was created by voter-approved Initiative 1401. More than 70 percent of Washington voters approved I-1401 in 2015. The law took effect in 2016. 

It is a felony to sell ivory objects
Photo courtesy Atty General's office

WATA makes it a felony to sell, purchase, trade or distribute parts of specific endangered or vulnerable species of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark or ray.

In late 2017, Washington Department of Fish and Wildlife (WDFW) detectives contacted Rooney after reviewing online listings for items they believed may contain elephant ivory.

The detective went to Rooney’s home, and observed dozens of items that possibly contained ivory. The detective purchased three items believed to contain elephant ivory, which genetic testing confirmed. Officers later executed a search warrant on his home, and, as a result, confiscated more than 1,500 additional items.

The Attorney General’s Office prosecuted the cases at the request of the Snohomish county Prosecutor’s Office. The Attorney General’s Office generally does not have original criminal authority, and cannot prosecute crimes without a request from a county prosecutor or the governor.
Assistant Attorney General Scott Marlow and AAG Brad Roberts with the Attorney General’s Counsel for Environmental Protection handled the case for Washington.

Attorney General Ferguson created the Counsel for Environmental Protection in 2016 to protect our environment and the safety and health of all Washingtonians.



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Keeping Shoreline Safe with a new Community Court and Resource Center

Wednesday, November 13, 2019

Mayor Will Hall
City of Shoreline

By Will Hall, Mayor, City of Shoreline

Feeling safe is one of the most important things there is. Safety is a top priority for the Shoreline City Council. 

One of our goals is to promote and enhance the City’s safe community and neighborhood programs and initiatives.

Sometimes the criminal justice system can seem like a revolving door. A handful of people getting arrested, going to court, going to jail, getting out, and getting arrested again. 

Once the cycle begins, it can be hard to break. For non-violent offenders with mental health issues, substance abuse issues, and extreme poverty, the system doesn’t work because it doesn’t address the root causes of the criminal behavior. 

If we can intervene and provide the right assistance at the right time, we can break the cycle and make our community safer.

That’s what we’re planning to do by opening a new Community Court and Resource Center at Shoreline City Hall every Tuesday from 1:30 to 3:30pm, starting January 7.

Our new Community Court will be a problem-solving court. It differs from traditional court by identifying and addressing the underlying challenges that may contribute to criminal activity.

Other cities have already found success with this approach. Here is a review from an anonymous participant in Redmond’s Community Court:

“My experience here has saved my life. Not only am I off the drugs and staying clean by taking the healthy steps to live life clean, I also have been able to get myself back in a healthy structured living situation. Community court is the most awesome program. I am so blessed to have the honor to be a part of this program.”

Those are powerful words. The participant got things turned around, which also made the community safer and saved the city the cost of prosecuting and jailing a repeat offender.

Community Courts provide services and accountability for those who are eligible and choose to participate. An assessment identifies a participant’s challenges and strengths. That helps the Community Court determine what follow-up steps a participant needs to take, often including community service.

The new Community Court in Shoreline will be part of King County District Court. The District Court has already opened Community Courts in Redmond and Burien.

When I was at a city conference last year, I learned that Spokane opened a Community Court in 2013. In its first four years, the Spokane Community Court helped more than 1,130 individuals on cases arising out of low-level criminal violations. By stopping the criminal behavior of most of those participants, the city saved a lot of money on prosecution, defense, and jail, all while making the community safer.

An integral part of Community Court is the Community Resource Center. 

The Resource Center consists of community partners who provide a wide range of services to help court participants. Some of the types of community partners that we are recruiting to participate in Shoreline Community Court include providers such as Hopelink, DSHS, IKRON Greater Seattle, and Goodwill. The other great thing about the Community Resource Center is that it will be available to all members of the public, not just Community Court participants.

To keep everyone safe, State law mandates weapons screening in all courthouses. A Shoreline Police officer will be on duty during Community Court hours to do weapons screening. This will require using a wand to scan individuals and checking bags before entering the courtroom.

The success of Community Court and the Resource Center depends a lot on the hard work of volunteers. Volunteers help set up and take down the Resource Center; greet people; help connect people with service providers; and answer questions. If you would like to volunteer, please contact Ericka Cooley at Ericka.cooley@kingcounty.gov or 206-409-0212.

Learn more about Community Court here.



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Vietnam vet speaks at Post 227 meeting

Monday, November 11, 2019

Rob Caldwell - veteran and attorney
Text and photos by Jerry Pickard

On Tuesday evening November 5, 2019 the American Legion Post 227 held their monthly membership meeting.

The featured speaker was Rob Caldwell who related his military service in Vietnam and his post military career. (DSC05102). He addressed a large group of Veterans and visitors. (DSC05106)

Rob Caldwell was drafted into the U.S. Army in 1967 and was trained as a Paratrooper with the 82nd Airborne Division in North Carolina before serving as a light weapons Infantry paratrooper with the 2nd Battalion 503rd Airborne Infantry of the 173rd Airborne Brigade (Separate) in Vietnam during a crucial time in the war. 

After returning home he worked as a land surveyor for many years before attending college and gaining his doctorate in law as well as membership in the Washington Bar Association at the age of 49. He practiced environmental law for many years before retiring from full-time practice in 2012. 

A full house for the presentation

Upon his retirement he began assisting Veterans with disability claims seeking compensation and medical benefits for their service-connected disabilities on a pro bono basis (free). His experience as a war veteran himself combined with his legal expertise in administrative law gives him unique experience that he uses to assist veterans. 

His practice includes a large number of appeals to the courts including the U,S. Court of Appeals for Veteran’s Claims in Washington D.C. The largest majority of his clients are those who struggle with psychiatric disabilities such as PTSD, and he has achieved significant success on behalf of those clients. He is intensely involved with “The Joint Services Committee,” an all-volunteer group of Veterans working to enhance the lives of veterans struggling with the long-term medical consequences of serving in the military.

Commander Larry Fischer presented a
certificate of appreciation to Caldwell


Commander Larry Fischer presented a certificate of appreciation to Rob Caldwell after his Presentation. 

Caldwell's crew
Rob introduces his crew to the audience.

Pie and ice cream after the presentation

After the presentation was over the Post had an intermission and served pie and ice cream to all.



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Peale Law Firm Inc. named as a 2019 AIOCLA’S 10 Best Law Firm in Washington for Client Satisfaction

Tuesday, October 22, 2019

Shoreline attorney
Walter O. Peale
The American Institute of Criminal Law Attorneys has recognized the exceptional performance of Washington’s Criminal Law Firm, Peale Law Firm Inc. as 2019 10 Best Criminal Law Firm for Client Satisfaction.

The American Institute of Criminal Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Criminal Law attorneys in each state.

Attorneys who are selected to the "10 Best" list must pass AIOCLA's rigorous selection process, which is based on client and/or peer nominations, thorough research and AIOCLA’s independent evaluation. AIOCLA's annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys' relationships and reputation among his or her clients. As clients should be an attorney's top priority, AIOCLA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Criminal law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

AIOCLA congratulate Peale Law Firm Inc. on this achievement and we are honored to have their firm listed as a 2019 AIOCLA 10 Best.

Peale Law Firm Inc., 206-906-9112 is located in Shoreline's Ballinger Neighborhood, on Ballinger Way.


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Moms Demand Action Against Gun Violence meets Wednesday

Monday, October 7, 2019


The local chapter of Moms Demand Action (against gun violence) will meet on Wednesday, October 9, 2019 at 6:30pm at the Richmond Beach Library, 19601 21st Ave NW, Shoreline 98177.

Interested in learning how you can help reduce gun violence in your community? Come meet other Shoreline area advocates and find your place in this movement! You don't need to be a mom, all are welcome!




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Armed robber sentenced to 11+ years in prison for Mountlake Terrace cannabis store robbery

Sunday, September 29, 2019

One of two men who robbed a marijuana store at gunpoint was sentenced Friday in U.S. District Court to 138 months in prison and five years of supervised release for three federal felonies. 

Eric Henry Woodberry, 23, was convicted in June 2019 of robbery, possession of marijuana with intent to distribute and aiding and abetting possession of a firearm in furtherance of a crime of violence and a drug trafficking crime.

At the sentencing hearing U.S. District Judge Richard A. Jones said, the robbery was a “very aggressive, very violent action on your part… (the victims) were terrified.”

According to records in the case and testimony at trial, Woodberry and co-defendant Bradford M. Johnson robbed Rainier Cannabis in Mountlake Terrace on November 21, 2017. The men entered the store carrying a stolen short-barreled rifle and a handgun. Both wore masks. They forced the employees onto the floor, took their phones and then ordered two of the employees to fill large bags with marijuana products and cash.

When they saw police arriving at the front of the store, they ran out the back and attempted to hide from police in the nearby neighborhood. With the assistance of a police tracking dog, officers located Woodberry hiding in a boat, trailered next to a house a few blocks from the store. Johnson was located a short time later.

Court records detail two other robberies and a Seattle robbery/burglary linked in police reports and state charging documents to Woodberry.

Johnson is scheduled for sentencing on November 22, 2019.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Mountlake Terrace Police Department, with assistance from the Lynnwood Police Department, Edmonds Police Department, Everett Police Department, King County Sheriff’s Office, and Washington State Patrol.

The case is being prosecuted by Assistant United States Attorneys Erin H. Becker and Stephen P. Hobbs.



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Free Legal Clinic for Military Service Members and Veterans in Everett Sept 24

Saturday, September 14, 2019


The Washington State Attorney General’s Office of Military and Veteran Legal Assistance, in collaboration with volunteer attorneys and community partners, is hosting a free legal clinic for military personnel and veterans who need assistance with one of the following legal issues:
  • Will preparation
  • Driver's license reinstatement
  • Small claims assistance
  • Select family law matters
To qualify for services at the free legal clinic, military service members and veterans must live or be stationed in Washington, and must also meet financial eligibility requirements. More information about the clinic and other legal resources available to help military and veteran families is available on the Attorney General’s website.

Legal clinic services are being offered by appointment only and capacity is limited, so interested individuals should register as soon as possible. 

The first step in getting registered is completing the online Request For Civil Legal Assistance form. Once our office receives your request, we will review your information and contact you to let you know whether we can offer you an appointment.

In addition, if you are a licensed Washington State attorney interested in volunteering, there is still time to sign up! By volunteering, you will be honoring not only your profession, but also the men and women who have bravely served our country in uniform. 

More information about how legal professionals can contribute their time and talents to help serve Washington’s military service members and veterans is available here.

The legal clinic event is being held Tuesday, September 24, 2019 from 4pm to 7pm at VFW Post 2100, which is located at 2711 Oakes Avenue in Everett, WA.



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AG Ferguson: Judge sanctions Eyman, rules that $766,000 given to him are political contributions

Tim Eyman has another initiative
on the fall ballot. I-976.
On Friday, September 13, 2019, a Thurston County Superior Court judge sanctioned initiative promoter Tim Eyman and ruled that more than $766,000 given to Eyman are contributions in support of ballot initiatives, not “gifts” from supporters as Eyman has claimed.

This $766,000 is separate from Eyman’s alleged improper personal use of more than $300,000 in contributions made to political committees and concealment of more than $490,000 in contributions that prompted Attorney General Bob Ferguson's original lawsuit.

“Today was a good day for campaign finance transparency and a bad day for Tim Eyman,” Ferguson said. 
“The judge found that more than $766,000 in payments to Eyman are not ‘gifts’ as he has claimed, they are contributions in support of ballot initiatives. That is significant. The law requires that all contributions be reported to the public at the time they are made. 
"Mr. Eyman has never reported these contributions. He ignored the law, and shielded his contributors from public view. Translation — this means that Tim Eyman concealed more than $766,000 in campaign contributions and the state can and will seek additional penalties for every day he fails to report them.”

Judge James Dixon granted Ferguson’s motion for non-monetary sanctions against Eyman, agreeing that Eyman has “willfully and deliberately” continued to defy court orders compelling him to produce documents related to the case.

In his order, Judge Dixon found that $766,447 in funds deposited in Eyman’s accounts between February 2012 and July 2018 “are hereby found to be ‘contributions’ in support of ballot propositions … and not gifts.”

The Attorney General’s Office uncovered these contributions in bank records obtained after filing its lawsuit.

“In the 19 months that the Eyman Defendants have been held in contempt, they have failed to provide the information ordered by the Special Discovery Master and this Court, despite clear instructions on what exactly needed to be provided,” Dixon ruled.

Dixon’s decision noted that multiple previous orders and contempt sanctions against Eyman have not accomplished their purpose of compelling him to turn over documents. 

Eyman has racked up more than $236,000 in daily contempt sanctions related to discovery violations since February of 2018. 

The court originally ordered $250 per day in sanctions starting Feb. 16, 2018 while Eyman failed to provide the required information to the state. When Eyman continued his refusal to comply, the court doubled the daily penalty to $500 as of Sept. 7, 2018.

In July, Eyman was found in contempt a second time because of his refusal to disclose complete information related to hundreds of thousands of dollars of payments he solicited from individual donors.

In September of 2015, the Washington State Public Disclosure Commission (PDC) referred the Tim Eyman case to Attorney General Ferguson for enforcement. The chair of the PDC Commission described the case as “one of the most egregious the PDC has seen.”

In March of 2017, Ferguson filed the campaign finance lawsuit against Eyman, alleging improper personal use of more than $300,000 in contributions made to political committees, concealment of more than $490,000 in contributions and misleading reporting. Additional concealed contributions were discovered during the State’s investigation since then. The lawsuit also accuses Citizen Solutions of participating in a scheme to conceal campaign money the company funneled to Eyman.

Assistant Attorneys General Eric Newman, Todd Sipe and Paul Crisalli are handling the case.



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Two local legislators are part of the Hate Crime Working Group

Saturday, September 7, 2019

Javier Valdez D-46 sponsored the
bill to raise awareness and enhance
respond to hate crimes

Attorney General Bob Ferguson’s Multidisciplinary Hate Crime Advisory Working Group held its first meeting on Friday, September 6, 2019, at the AGO's Seattle location on Fifth Ave.

The working group was created in the 2019 legislative session with the goal of developing strategies to raise awareness of hate crimes and enhance law enforcement and the public’s responses to hate crimes and incidents.

The Attorney General’s Office (AGO) testified in support of the bill, which Representative Javier Valdez, D-Seattle, sponsored.

“In creating this working group, Washington is demonstrating its commitment to the safety of all its residents, regardless of their gender, national origin or religion,” said Ferguson. 
“Our Hate Crime Advisory Working Group will be taking a hard look at what kind of hate crimes are happening in Washington and how we can strengthen our response and support victims.”

Jesse Salomon D-32 is a member
of the working group

Washington state law defines a hate, or “bias motivated” crime, as a crime or threat against someone because of their race, color, religion, ancestry, national origin, gender, gender identity or expression, sexual orientation or mental, physical or sensory handicaps.

In 2018, the Washington Association of Sheriffs and Police Chiefs (WASPC), the organization in charge of collecting and reporting on hate crimes, received 765 reports of offenses where the victim was targeted for one of these characteristics.

According to a survey conducted by the U.S. Department of Justice’s Bureau of Justice Statistics, more than 200,000 people over the age of 12 were victims of hate incidents each year from 2013 to 2017. The bureau estimates that victims or their families only reported about half of those incidents to law enforcement.

Lack of reporting and incomplete data at the federal level make it difficult for Washington law enforcement agencies to understand the full impact that hate crimes have on their communities.

The working group will research and propose best practices on how Washington can increase reporting and strengthen responses from law enforcement and prosecutors. The group also will research how to best support victims of hate crimes.

The Attorney General’s Office must report the working group's recommendations to the Governor and the Legislature by July 1, 2020.

Governor Inslee and the Legislature appointed the 15 working group members. Members come from a variety of backgrounds, including nonprofit organizations, law enforcement and public agencies. 

Members include:
  • Sen. Jesse Salomon, D-Shoreline 32nd LD
  • Sen. Hans Zeiger, R-Puyallup
  • Rep. Javier Valdez, D-Seattle 46th LD
  • Rep. Morgan Irwin, R-Enumclaw
  • Jasmit Singh, Sikh community leader
  • Masih Fouladi, Washington chapter of the Council on American-Islamic Relations (CAIR-WA)
  • Maxima Patashnik, Jewish Federation
  • Monisha Harrell, Equal Rights Washington
  • Nina Martinez, Latino Community Fund
  • Detective Elizabeth Wareing, Seattle Police Department
  • Jacqueline Lawrence, Snohomish County Prosecutor’s Office
  • Laurie Wood, Southern Poverty Law Center
  • Buddy Bear, educator
  • Bre Weider, Attorney General’s Office

More information about the working group’s meeting, including an agenda, can be found here.


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King County Drug Diversion Court graduation set for Wednesday

Wednesday, August 14, 2019

Drug court grad talks about what the program meant
to his life. His 12 year old son was there to support him.
On Wednesday, August 14, 2019 at 9am, Anna will take the 20-foot walk to the front of E-942, the Presiding Courtroom at the King County Courthouse. 

The short walk represents the very long journey to recovery through King County’s nationally-recognized Drug Diversion Court. It is the real chance to start over.

She will be joined by eight others who overcame substance abuse and found support through community services providers to get their lives back on track. Parents and children know the power and potential of success.

“Graduation is so important and so moving,” said Judge Dean Lum, who presides over Drug Diversion Court. 
“People share stories of how they got here and thank the people who help them recover. It’s not unusual to have a graduate thank a police officer for arresting them!”

Successful completion of the KCDDC results in dismissal of felony(s). Since the program’s inception, there have been 2,516 graduates, representing more than 2,643 dismissed felonies. (Data on the number of cases dismissed by drug court graduation only goes back to 2002.)

Drug Diversion Court reflects change in King County.
  • 50% of current participants identify heroin or other opioids as their primary drug of choice. This represents a 127% increase since 2010.

A 2017 Seattle Public Safety Survey identifies car prowls, residential burglary and property crimes as three of the top five public safety concerns.

Many property crimes are committed to support an underlying substance use disorder (SUD). Of the approximately 330 participants who are currently active, 61% are in KCDDC on felony property crimes.

  • 47% of current KCDDC participants are people of color. In order to ensure culturally responsive treatment, KCDDC contracts with culturally specific agencies.
  • At intake, 63% of current KCDDC participants endorsed mental health symptoms and 47% reported a formal diagnosis. Every participant is screened for mental health symptoms and referred to services, including mental health counseling, as appropriate. KCDDC has access to both outpatient and residential integrated co-occurring disorders treatment.
  • 28% of current drug court participants are young adults ages 18 to 26. KCDDC implemented a special treatment program for this age group in 2010 with an emphasis on setting goals, community involvement, and faster progression through the program.
  • 60% of current KCDDC participants were experiencing homelessness at program entry. On-site housing case managers assist participants with next step and permanent housing and access to move-in costs.

Through community partnerships, KCDDC provides expedited no-cost dental referrals, clothing vouchers, on-site Medicaid sign-ups, and access to paid vocational training programs.

The King County Drug Diversion Court (KCDDC) Program began in August 1994 as the twelfth drug court in the country. Currently, there are drug courts in every state and 3,100 nationwide.

The mission of King County Drug Diversion Court (KCDDC) is to ensure community safety and empower participants to rebuild their lives by combining the resources of the criminal justice system, substance use treatment and other community service providers.

--Jamie Holter



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Help for Seniors and their families - what you need to know

Sunday, June 9, 2019



Monday, June 17, 2-4pm at the Shoreline - Lake Forest Park Senior Center, 18560 1st Ave NE, Shoreline 98155, hear from a panel of experts on issues important to Seniors and their families.

  • An Elder Law attorney to ensure that you have taken all of your legal steps to preserve your independence for as long as possible; 
  • a Home Care Advisor to learn how to help people stay in their homes with assistance for as long as possible; 
  • a Senior Housing Referral Specialist to understand what options are out there for assisted living and what the costs of those may be; and 
  • a Senior Real Estate Specialist and licensed Broker who will outline the steps to downsizing, marketing and selling seniors’ homes.
Panelists:
  • Don Gibbons, Seniors Real Estate Specialist,
  • SASH Home Sales Services, SASH Realty, LLC
  • Tiffany Kopec, Home Care Liaison,
  • Home Care Assistance of Seattle
  • Adrienne Miller, Chief Care Officer,
  • Forever Care Services, LLC
  • Peggy Sanders, Managing Attorney,
  • Sanders Law Group, PLLC


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Op-Ed: Let justice roll

Wednesday, June 5, 2019

Edmonds Municipal Court
Photo by Nick Showalter
Kelly Dahlman-Oeth is the Pastor of Ronald United Methodist Church on Aurora.
~~~~~~

I’m sitting in the Edmonds Municipal Courtroom 1, again.

I’m with three of my siblings, again. One of them leans over and tells me that she was recently stopped and ticketed for jaywalking, and then arrested for an outstanding warrant. However, instead of booking her, she was released after being told “the jail is too full.” As good as that may sound, she still has the $100+ jaywalking citation.

If courts handed out “tenth-visit-free punch cards,” I would complete my third card today. After moving a dozen people into the church for overnight shelter before the two-week snowpocalypse in February, a handful of overnight hosts began learning about the constellation of issues that keep people moving through the revolving door of what we call the criminal justice system.

Among the various definitions and descriptions for the “criminal justice system,” I find this one the most telling: “a series of government agencies and institutions whose goals are to identify and catch unlawful individuals to inflict a form of punishment on them. Other goals [occasionally] include the rehabilitation of offenders, preventing other crimes, and moral support for victims.”

Having logged hundreds of hours in a couple of courtrooms, I can confirm that our current system is set up to achieve the three primary goals: “identify, catch, and inflict punishment.”

Despite the best efforts of some wise and compassionate judges and some very overworked public defenders, the system does little to rehabilitate offenders. Thus, it is failing miserably at preventing other crimes, at least misdemeanor level crimes that make up the bulk of the cases in local courts across the country.

Former federal public defender Alexandra Natapoff says 13 million misdemeanors are filed each year in the U.S. Based on FBI and other statistical data, some estimate that misdemeanors represent 80% of all arrests and 80% of all court case dockets.

On the surface, the law applies to everyone, but in practice, the overwhelming majority of persons charged with misdemeanors are low income and impoverished, and often dealing with mental illness and substance disorder. 

These persons are far more likely to commit and be charged with shoplifting, criminal trespassing (resulting from being caught shoplifting), driving with a suspended license, possession of drugs or drug paraphernalia, public urination, disorderly conduct, and more.

For those of us who are housed and comfortable enough to rarely or never have to deal with the criminal justice system, a misdemeanor may sound like no big deal, but for those trying to survive, the consequences are devastating.

Despite the guarantee of the Eighth Amendment, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” cash bail between $500 - $1500 is built into the system. A person who is homeless or living on the edge does not have an extra $500 - $1500, so they are held in jail until their hearing. 

There is little chance that the low-wage job they may have had will be waiting for them when they are released. The tiny snowball at the top of the mountain has been pushed. As it speeds downhill, it grows deadly, swallowing everything in its path with evictions, destroyed credit, and losing custody of children.

We clearly see the results of a system that – whether intentionally or not – criminalizes poverty. To allow the system to continue unchanged and unquestioned implies that we, as a society, consent to the criminalization of poverty.

Fortunately, there are some inside and outside the system who acknowledge the injustice and overwhelming costs of our criminal justice system, and they are working on creative alternatives that successfully lower rates of recidivism (tendency to reoffend) and create healthier communities.

State legislatures are rewriting laws that disproportionately impact people of color and people who are impoverished. City and county officials are investing and redirecting funds to hire social workers and mental health professionals for their law enforcement agencies. Finally, judges are working with city officials to create community courts.

The King County District Court has established community courts in Burien and Redmond, and we are hopeful that Shoreline will be next. 

The community court model focuses on rehabilitation and restoration by creating a more compassionate and therapeutic atmosphere in the court, and by providing immediate onsite access to human service providers to assist people with everything from behavioral and mental health, employment and housing specialists, transportation, and more. 

While there is a nominal initial cost to the City, the long-term gains for individuals and the community are immeasurable.

I am grateful that our Shoreline District Court Justices Marcine Anderson and Joe Campagna are working hard to bring this model to Shoreline. Having repeatedly witnessed their wisdom and compassion in their courtrooms, I did not hesitate when I was asked to participate as a member of the steering committee for the City of Shoreline Community Court.

“Let justice roll down like waters, and righteousness like an ever-flowing stream” (Amos 5:24).

Until then, I’ll see you in court.

Pastor Kelly Dahlman-Oeth



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Western District of Washington takes part in largest ever nationwide elder fraud sweep

Friday, April 5, 2019

Attorney General William P. Barr and U.S. Attorney Brian T. Moran announced the largest coordinated sweep of elder fraud cases in history, surpassing last year’s nationwide sweep

The cases during this sweep involved more than 260 defendants from around the globe who victimized more than two million Americans, most of them elderly.

In the Western District of Washington, three defendants operating various money‑transmitting schemes agreed to cease operation following civil complaints alleging that they were a critical part of tech support fraud schemes based in India.

The operators, in Seattle, Shoreline, and Gold Bar, Washington, collected the fraud proceeds, kept a percentage, and forwarded the bulk of the money to the telemarketing centers in India.

In one case, the Shoreline based conspirator sent more than $320,000 to India between December 2017 and May 2018. A fourth company sued civilly in the Western District of Washington is one of the fraudulent tech support companies using telemarketing centers to defraud seniors in Western Washington.

“Using our civil authority, we are stopping a key cog in the wheel of tech support fraud,” said U.S. Attorney Brian T. Moran. 
“By taking out those who process the payments for the fraudsters, we stop the flow of ill-gotten gain to those preying on our senior citizens. This is a warning shot–a return to this fraud could result in additional sanctions.”

The Department took action in every federal district across the country, through the filing of criminal or civil cases or through consumer education efforts. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors.

In total, the charged elder fraud schemes caused alleged losses of millions of more dollars than last year, putting the total alleged losses at this year’s sweep at over three fourths of one billion dollars.

Assistant United States Attorney Kayla Stahman leads the Elder Justice Task Force in the Western District of Washington.



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Youth still being held in solitary confinement in spite of County Council's 2018 ban

Wednesday, March 27, 2019

Juvenile court and detention center
Seattle.gov
Two members of the Metropolitan King County Council, who sponsored legislation banning the solitary confinement of juveniles in all King County detention facilities, raised several concerns when the council’s Law and Justice Committee received a briefing on a report from an independent monitor showing the ban is not being enforced. 

“Today’s hearing on the status of the Executive branch’s efforts to implement the County Council’s ban on solitary confinement raised several troubling developments,” said Council Chair Rod Dembowski. 
“Executive staff leading the Department of Adult and Juvenile Detention was unsure of the deadline to implement the law, and couldn’t, or wouldn’t, confirm the failure to comply with the council’s ban on solitary confinement, as reported by the independent monitor. 
"Solitary confinement of youth causes permanent harm, is inhumane, and unjust. It needs to stop, now.”

Ordinance 18637 was adopted in December of 2017 and went into effect on July 1, 2018, yet executive staff disclosed that they only recently started bargaining with the Adult Detention Officers’ Guild on any labor agreement changes needed to implement the law.

“The Executive and Department of Adult and Juvenile Detention staff could have been much more forthright in identifying a series of problems that they should have known have arisen in the implementation of the solitary confinement ordinance at both our youth and adult detention facilities,” said Councilmember Larry Gossett, chair of the Law and Justice Committee. 
“That is why I think it is going to be very important that we contract with the same independent monitor, to allow her to delve deeper into the causes of these problems related to the confinement of youth in our justice system.”

The independent monitor’s report found that youth continue to be held in solitary confinement at King County’s adult detention facilities, despite the prohibition that went into effect over six months ago. 

Representatives from the Executive’s office and from the Department of Adult and Juvenile Detention (DAJD) were present to provide comment and answer questions.

After many councilmembers found the report, and the answers to their questions, insufficient to show compliance with the ordinance, Committee Chair Gossett declined to bring acknowledgment of the report up for a vote.



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Attorney General Ferguson sends information about Initiative 1639 to all sheriffs in Washington state

Thursday, March 7, 2019

Attorney General Bob Ferguson today released a “Frequently Asked Questions” document on Initiative 1639, directing the document to sheriffs across the state and releasing it to the general public online.

The FAQ is available here.

In his letter to sheriffs, Ferguson writes: “Recent public statements from your colleagues regarding the refusal to enforce Initiative 1639, approved by nearly 60% of Washington voters last November, suggest widespread misunderstanding regarding the requirements and status of the new law.”

Ferguson’s letter makes several key points, including:
  • Individuals age 18 to 21 who own or possess a semiautomatic rifle prior to July 1 do not face criminal liability for owning those weapons. The initiative does say those individuals may only carry those weapons: At their businesses, homes, or property; while engaging in lawful outdoor recreation activities, such as hunting; or while target shooting at an authorized range.
  • Firearms are not required to be stored in any particular place or any particular way.
  • Law enforcement is not required to enter homes to investigate whether firearms are safely and securely stored. There are strict constitutional limits on when law enforcement can enter your home.
  • If a gun owner has his or her weapon stolen, the initiative does not create criminal liability, provided the theft is reported to law enforcement, regardless of how the weapon is stored.
  • No court has found that I-1639 violates the Second Amendment.

As Ferguson wrote in his open letter to law enforcement, starting in July, the initiative does require local law enforcement to perform enhanced background checks on sales and transfers of semiautomatic rifles. These checks are more intensive than currently required for sales and transfers of these weapons, and identical to what has been required for pistol purchases for many years.



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Family Law Workshop Series: Beginner's Guide to Starting a Family Law Case

Monday, March 4, 2019

Shoreline Library
Photo by Steven H. Robinson
Family Law Workshop Series: Beginner's Guide to Starting a Family Law Case 

KCLS and the King County Law Library are pleased to offer a four part series of workshops on family law. Attend all or just the one you need!

Registration required for all workshops. Space is limited. Call the Shoreline Library at 206-362-7550 or use the links below to register online for each workshop.

Shoreline Library, 345 NE 175th St NE, 98155  

Sunday, March 17, 12p-1:30p

Beginner's Guide to Starting a Family Law Case. Before you begin your family law case, come to this 90-minute class to learn about the process of starting a case, and the basic steps involved in preparing your documents for filing. We also discuss the various options for legal help, including legal technicians, Washington's newest kind of legal professional.

https://kcls.bibliocommons.com/events/5bc915233a1e98ef6cbee46d

Sunday, March 31, 12-1p

You've Filed - What's Next? Filing a family law case is the first step to getting court orders. If you cannot wait for final orders for things like child support, restraining orders, and decisions on where you, the other party, and/or the children may live, then temporary orders may be what you need. Come learn more about temporary orders in this one-hour class.

https://kcls.bibliocommons.com/events/5bc9153955a44e3500cbe921

Sunday, April 14, 12-1p

Working It Out with the Other Side. You need information from the other side, but how do you get it? You also need to come to an agreement, but how do you do that? This one-hour class will provide helpful information about discovery and alternative dispute resolution options, such as mediation and arbitration.

https://kcls.bibliocommons.com/events/5bc9153b55a44e3500cbe923

Sunday, April 28, 12-1p

Let's Talk about Parents and Parenting Plans. When couples with children separate, they often need a parenting plan to spell out where the children reside, how parents make decisions about their children, and who pays for what. If a parent isn't listed on the birth certificate, sometimes the legal parents must be decided before the parenting plan or child support can be ordered. Find out more in this one-hour focus class.

https://kcls.bibliocommons.com/events/5bc9153e55a44e3500cbe925 




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Joe Campagna sworn in as Shoreline District Court judge

Friday, January 18, 2019

Joe Campagna is sworn in by
Supreme Court Justice Sheryl McCloud
Photo by Steven H. Anderson

On Tuesday, January 15, 2019, Joe Campagna was sworn in as the newest judge on the Shoreline District Court.

Joe takes the position formerly held by Doug Smith, who retired after 30 years on the bench. The second District Court judge is Marcine Anderson. Both justices live in Shoreline.

Judge Campagna and Mira
Photo by Steven H. Robinson
The ceremony was presided over by Donna Tucker, Chief Presiding Judge, District Courts, and attended by a courtroom full of judges, attorneys, and family, and half a dozen toddlers, including the Campagna's 4 year old daughter Mira.

The oath of office was administered by Supreme Court Justice Sheryl McCloud.

A friend and associate of Joe's flew in from New York City, where he is an attorney for the ACLU. He spoke of how no matter what the task at hand, Joe would always do "more."

Joe, in an emotional speech, thanked his wife Margaretta for her unfailing support, not hesitating to jump into a campaign with a tiny, new baby. He thanked his extended family for their support as well as the judges, and city councilmembers who supported his campaign.

"The District Court is most citizens' primary contact with the American judiciary system," Joe said. "I am humbled and honored to be elected to this position and look forward to starting work tomorrow!"


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