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

Ninth Circuit Court of Appeals upholds conviction of former State Auditor Troy X. Kelley

Monday, August 3, 2020

Troy Kelley, former
Washington state auditor

Convicted in 2017 of possession of stolen property, tax fraud, and making false declarations in a court proceeding for crimes committed while serving as state legislator


Seattle - The 9th Circuit Court of Appeals has rejected the appeal of former Washington State Auditor TROY X. KELLEY, clearing the way for him to start serving the one-year-and-one-day sentence imposed by U.S. District Judge Ronald B. Leighton on June 28, 2018. The court declined to hear oral argument and upheld the conviction with an order today.

“Through two trials and multiple appeals, the attorneys in this office have sought nothing but justice for those Kelley defrauded and the members of our community who expect lawbreakers to be held accountable regardless of their station or standing in society,” said U.S. Attorney Brian T. Moran. “The time has come for Troy Kelley to accept his punishment and report to custody and conclude this lengthy legal odyssey.”

According to the evidence at trial, between 2003 and 2008, KELLEY operated a business that monitored real estate filings on county websites. KELLEY agreed with escrow companies that his business would charge a flat fee of $15 or $20 for each real estate transaction it monitored for the escrow companies’ customers. In addition to the flat fee, the escrow companies also gave Kelley $100-$150 of customer money for each transaction, which KELLEY agreed to use to pay expenses if necessary. 

KELLEY agreed to refund the money to the homeowners if there were no expenses. However, beginning in 2005, in virtually every case he handled, KELLEY kept the entire amount withheld on each transaction, thereby stealing nearly $3 million.

In 2008, class action lawsuits were filed against escrow companies, claiming that homeowners had been charged excessive fees in real estate transactions. 

After the lawsuits were filed, KELLEY falsified a letter to the plaintiff in one lawsuit to make it appear that KELLEY had refunded the plaintiff’s money, when in fact he had not. 

Concerned that the lawsuits would lead to his downfall, KELLEY transferred millions of dollars of stolen money through a series of bank accounts, ultimately placing the funds in an investment account for a company controlled by a Central American trust controlled by KELLEY. 

One of the escrow companies sued KELLEY to retrieve the stolen money. KELLEY testified falsely under oath in the lawsuit that he had only kept money he had earned for services provided. One of KELLEY’s convictions for making false declarations in a court proceeding is based on that testimony.

Beginning in 2011, KELLEY spent the stolen money on personal expenses and his campaign for State Auditor. To hide the fact that this was money he had stolen years earlier, KELLEY claimed on his tax returns that he was continuing to perform real estate services and to earn income through his business, when in fact he had not operated the business for years. 

In the same tax returns, KELLEY claimed tens of thousands of dollars of business deductions for personal items like spa treatments, a family trip, and household purchases such as sheets and toys. KELLEY’s tax fraud convictions are based on this conduct.

In December 2017, a unanimous jury convicted KELLEY of possession of stolen property, two counts of making false declarations under oath, and six counts of tax fraud. Following the trial, an unrelated U.S. Supreme Court ruling resulted in the dismissal of one of the tax fraud counts.

A first trial in March 2016 ended with the jury being able to reach a verdict on only one count, acquitting KELLEY on lying to the Internal Revenue Service agent who questioned him about his scheme in 2013.

The case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI) and the FBI.

The case was prosecuted by Assistant United States Attorneys Arlen Storm, Andrew Friedman, Seth Wilkinson and Katheryn Frierson. Assistant United States attorney Michael Morgan handled the appeal.



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Dembowski: town hall Monday on King county criminal legal system

Friday, July 10, 2020



Our criminal legal system is perhaps the area most in need of reform. It is a major function of King County government and consumes about three-fourths of our general fund budget every year.

Starting with the laws that we as legislators pass, and continuing through their enforcement in the community, through the courts and into the jails and re-entry programs, there is work to be done from top to bottom. 

With millions of people around America demanding attention and action, I am hopeful about the opportunity to make material progress on many of the issues that I’ve been working on during my time at the County Council.

I hope you will join me and my colleagues at a town hall we are hosting on Monday, July 13, 2020 12noon to 1pm to discuss some of the changes we will be tackling in the next few weeks. Submit questions for the Councilmembers by emailing Graciela.NunezPargas@kingcounty.gov.

Join live on Facebook (no Facebook account required). Facebook.com/KingCountyCouncil



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Neighborhood Legal Clinic - free through the King County Library

Monday, July 6, 2020


Mondays, All day
 
The King County Bar Association provides free 30-minute consultations with volunteer attorneys to any King County resident with civil legal issues. Attorneys cannot represent clients but can refer to other assistance.

Neighborhood Legal Clinics are open for free 30-minute phone consultations during this time.

To request a consult, call 206-267-7070 and press 1 to leave a message with your name, number, and a brief description of your legal issue or fill out an online client intake form at www.kcba.org/nlc for a faster turnaround time.

Leaving a message does not guarantee an appointment. We are currently prioritizing housing, family and employment discrimination issues.

Appointments will be scheduled no further than 7 days out.



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State Sen. Salomon calls for reform to end police brutality

Thursday, June 25, 2020

State Sen. Jesse Salomon, D-32

State Sen. Jesse Salomon has called for a variety of police reforms in the wake of the recent killing of an unarmed black man by Minneapolis police officers.

Salomon, who also was a King County public defender, said Thursday, June 18, in the pages of the Seattle Times, “Many in the Black community live in fear that the police will hurt them rather than help them. This is unacceptable.”
He added, “The unfortunate reality is that even when police kill unarmed people, disproportionately Black men, they rarely suffer serious consequences. This is one of the many reasons why the U.S. has the highest rate of police-caused fatalities in the developed world by far.”

Salomon also noted that, while public defenders can fight case-by-case against racist policing, he and his colleagues in the Legislature have the duty and the power to pass laws to help change police practices.

Salomon said that he supports current recommendations, such as prohibiting local law enforcement agencies from acquiring surplus military equipment, banning chokeholds and no-knock searches, mandating the use of body cameras, investing in mental-health-crisis response, and improving de-escalation and anti-bias training.

But, he said, he wanted to increase accountability measures that, he said, have been too lax, including, revoking state-issued certificates of officers who are fired for abusive use of force, stopping the revolving door that allows fired officers to be reinstated through the police union appeal process and making public all misconduct records so that officers can’t just resign and then go to work for another police department.

Salomon represents the 32nd Legislative District, which includes Shoreline, northwest Seattle, Lynnwood, Woodway, and parts of Edmonds, Mountlake Terrace and unincorporated Snohomish County. He is a former Shoreline City Council member. Salomon has served as a public defender for 13 years.

Read Salomon’s entire Seattle Times op-ed piece, “A reform agenda for the Washington state Legislature to end police brutality ” here: https://www.seattletimes.com/opinion/a-reform-agenda-to-end-police-brutality/



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King County judge to speak at Kiwanis virtual meeting

Wednesday, June 10, 2020

The North Central Seattle Kiwanis Club will hold a ZOOM virtual meeting beginning at 6:30pm on Thursday, June 18, 2020.

King County District Judge Joe Campagna will speak about the new Shoreline Community Court and Resource Center. The new court and resource center seeks to intervene in the cycle of persons who commit crimes, go to jail, finish their sentences, commit another crime, etc. etc. The goal of the intervention is to break the cycle and achieve a better outcome.

All Kiwanis members and members of the public are welcome to participate. Those who are not Kiwanis members can get instructions on how to access the ZOOM meeting by contacting Barbara Williams bandpwilliams@comcast.net

We hope that you will use this opportunity to hear a distinguished judge discuss a promising judicial concept.




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Shoreline Social Justice book group meets on Zoom June 7

Wednesday, May 27, 2020

Shoreline Social Justice Book Group - The Best We Could Do by Thi Bui
Sunday. June 7, 2pm-3:30pm
Zoom Meeting

Session will discuss The Best We Could Do by Thi BuiRegister online to participate and a Zoom link will be sent to you a few days prior to the session.

The author describes her experiences as a young Vietnamese immigrant, highlighting her family's move from their war-torn home to the United States in graphic novel format.
"Exploring the anguish of immigration and the lasting effects that displacement has on a child and her family, Bui documents the story of her family's daring escape after the fall of South Vietnam in the 1970s, and the difficulties they faced building new lives for themselves."--Publisher description.

The Shoreline Social Justice Book (SSJB) group is a rich opportunity to meet neighbors and build community by reading and discussing books written from diverse perspectives.



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Corrections announces plans for prisoner release

Friday, April 17, 2020

Monroe Correctional Complex By SounderBruce 
Wikimedia Commons

 
The Washington State Department of Corrections is planning for the transfer of incarcerated individuals back to their communities. 

The goal in transferring a limited number of individuals to the community is to provide more Physical Distancing within the state’s correctional facilities.

The Department is implementing strategies to reduce the population in state correctional facilities, while also considering public safety. 

The strategies focus on individuals who are not currently incarcerated for violent or sex offenses and nearing the end of their incarceration.

It will be confirmed by correctional staff that individuals transferring to the community will have an established address and a current Washington State identification, and that the current sentence being served is for non-violent or drug/alcohol related offenses.

Emergency Commutation
On April 15, 2020, Governor Inslee issued an emergency commutation (pdf) to allow for the release of incarcerated individuals. The commutation (pdf) is specific to those in custody whose judgment and sentences include only non-violent offenses or drug or alcohol offenses and whose projected release date (PRD) is prior to or on June 29, 2020. It authorizes their transfer from confinement within seven days of the order, or as soon as can be reasonably achieved thereafter.

Rapid Reentry
In addition to the Governor’s commutation, based on Governor’s Proclamation 20-50 Reducing Prison Population (pdf), Secretary Sinclair will take additional measures to provide more physical distancing. The Rapid Reentry program (pdf) allows incarcerated individuals an opportunity to serve an expanded portion of their sentence of confinement in the community on electronic monitoring (up to six months). 

Individuals are subject to their conditions of supervision and, if they violate those conditions, could be returned to confinement. Individuals are included who meet the Centers for Disease Control guidelines of those at higher risk for health complications related to COVID-19.

Emergency Furlough
By the statutory furlough authority granted to Secretary Sinclair, he will be granting emergency furloughs (pdf) to those incarcerated individuals in work release settings, as established through careful legal advisement and statutory reviews. Furlough means an authorized leave of absence for an eligible individual, without any requirement that the individual be accompanied by, or be in the custody of, any corrections official while on such leave. Furloughed individuals are subject to their conditions of furlough and, if they violate those conditions, could be returned to confinement.

The steps being taken this week represent the latest work in the agency’s diligent efforts to preserve the health of institutions and all people – staff and incarcerated individuals.



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King County jails reduce the number of people in custody by more than 600 adults

Saturday, April 4, 2020

King County jail, Seattle
Photo courtesy King County

The King County Department of Adult and Juvenile Detention is making progress on Executive Dow Constantine’s direction to quickly and safely decrease the number of people who are in custody at all correctional facilities.

There are 1,285 adults in custody today, down from 1,899 on March 13.

The number of youth housed at the Children and Family Justice Center today is 36, down from 43.

The reduction is mostly the result of courts, public defenders, prosecutors, and law enforcement prioritizing jail beds for those who pose an imminent risk to public safety.

No one in custody has tested positive for COVID-19 so far.

The Department of Adult and Juvenile Detention set up a website to provide the latest updates – including the number COVID-19 tests and the daily population – along with answers to frequently asked questions.

Reducing the number of adults in custody by more than 600 in a little more than two weeks has provided the staff with more opportunities to promote social distancing as recommended by Public Health – Seattle and King County.

The number of youth at the Children and Family Justice Center was already low enough that each youth has their own dorm room where the staff can provide individualized care.

Three staff members – two at the King County Correctional Facility and one at the Children and Family Justice Center – have reported testing positive for COVID-19. None of them reported being symptomatic while they were at work. Department leaders have connected each of the staff members with all available resources.

If an adult in custody tests positive, the staff will transfer them to a designated housing unit at the Maleng Regional Justice Center in Kent where they will provide appropriate care in medical isolation using personal protective equipment. Jail Health Services will transfer them to a hospital if their needs exceed the staff’s ability to provide appropriate care.

More information: Emergency COVID-19 actions to ensure everyone’s safety at correctional facilities



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King county district court in Shoreline closed

Wednesday, March 25, 2020

Shoreline District Courthouse
Google
All King County District Court Community Court operations are closed until April 27, 2020, or further order of the court. 

All hearings scheduled from March 17, 2020, through April 24, 2020, will be rescheduled and notice will be mailed.

Due to COVID-19, the King County District Court in Shoreline will remain closed until at least April 27, 2020, or further order of the court. 

The Shoreline Community Court will also remain closed.

The KCDC – Shoreline is located at 18050 Meridian Avenue N, adjacent to Cromwell Park. The Community Court was held in the council chamber at Shoreline City Hall.

“The King County District Court's 25 courtrooms collectively handle more than 100,000 matters each year for both the county and the cities that contract with us for court services,” says Judge Donna Tucker, King County District Court Chief Presiding Judge. 
“Because so many people typically come and go through our courthouses every day, it was crucial that we drastically curtail when and where we are open to keep our employees and the public safe during the pandemic.”

Court users can find the latest information on changes to court operations and services online at COVID-19 Impacts to King County District Court or by calling (206) 205-9200.

King County District Court (KCDC) is the largest court of limited jurisdiction in Washington State.  KCDC holds court and provides public access at 9 courthouses throughout King County: Auburn, Bellevue, Burien, Issaquah, King County Courthouse (Seattle), Redmond, Maleng Regional Justice Center (Kent), Shoreline, and Vashon Island (one day per month); as well as at the King County Jail in Seattle (jail calendars only).




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Judge blocks new Trump Administration effort to allow release of 3D-printed ghost guns in AG Ferguson lawsuit

Tuesday, March 10, 2020

3D printed gun
From the Office of the Attorney General

A federal judge has granted Attorney General Bob Ferguson’s request to block the Trump Administration’s latest effort to allow 3D-printed gun files to be released on the internet. 

These files would allow plug-and-play access to 3D-print unregistered, untraceable firearms that can also be very difficult to detect, even with a metal detector. 

Untraceable firearms are sometimes called “ghost guns.”

Judge Richard Jones, a George W. Bush appointee, ordered a preliminary injunction while Ferguson’s multistate lawsuit continues in Seattle in the U.S. District Court for the Western District of Washington.

In his order, Judge Jones wrote:

“The Court must acknowledge the grave reality that is likely to occur without injunctive relief. As the agency’s specific findings in the record show, the proliferation of 3-D gun files on the internet likely renders ineffective arms embargoes, export controls, and other measures used to restrict the availability of uniquely dangerous weapons sought by those seeking to commit acts of terrorism or other serious crime — implicates serious national security and public interests.”

“These downloadable guns are unregistered and very difficult to detect, even with metal detectors," Ferguson said. 
"If the Trump Administration has its way, these ghost guns will be available to anyone regardless of age, mental health or criminal history. For the second time, we have blocked that effort in court. We will keep fighting back against this unlawful, dangerous policy as many times as it takes.”

As a result of Ferguson’s previous multistate lawsuit, a federal judge in Seattle struck down the Trump Administration’s prior attempt to allow the release of the files.

After losing in court, the Trump Administration is trying again, this time by publishing new rules that would transfer regulation of 3D-printed guns from the State Department to the Department of Commerce, effectively allowing their unlimited distribution.

In the rules, the administration acknowledges the dangers posed by the distribution of 3D-printed gun files: “Such items could be easily used in the proliferation of conventional weapons, the acquisition of destabilizing numbers of such weapons, or for acts of terrorism.”

However, due to loopholes in the Commerce regulations, the agency will lack the power to regulate 3D-printed guns in any meaningful way.

The judge’s order blocks the Trump Administration from transferring the 3D-printed gun files to Commerce and requires the State Department to continue regulating them while the multistate lawsuit continues.



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Lake Forest Park Municipal Court Judge issues Administrative Order regarding COVID-19 response

Saturday, March 7, 2020

Judge Linda Portnoy
On March 6, 2020, Lake Forest Park Municipal Court Judge Linda Portnoy signed an Administrative Order pertaining to the Public Health Emergency resulting from the recent outbreak of the novel coronavirus (COVID-19).

Judge Portnoy has put in place protocols if persons call in sick or show up to court with cold or flu symptoms. The Court’s webpage alerts persons to call the court or their attorney if they are ill. For many cases, arrangements will be made for a continuance.

If you have a court case before the Lake Forest Park Municipal Court, please read the Administrative Order in its entirety, here.



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Attorney General’s legislative proposal to ban solitary confinement as punishment for juveniles passes Legislature

Attorney General Bob Ferguson
Attorney General Bob Ferguson’s agency-request legislation to ban solitary confinement as a punitive practice for juveniles passed the Washington State Legislature today, in a strong bipartisan vote of 36-13.

There is a growing national consensus that placing juveniles in solitary confinement is inhumane and does not improve behavior. 

Studies have shown solitary confinement to be both emotionally and psychologically damaging for youth, as well as ineffective at improving behavior. 

Solitary confinement exacerbates stress and other mental health conditions, particularly for youth.

Rep. Strom Peterson, D-Edmonds, sponsored the bill in the House of Representatives. Local Representatives Ryu, Davis, Pollet, and Valdez all signed on as co-sponsors.

Sen. Claire Wilson, D-Federal Way, sponsored the companion bill in the Senate. Local Senators Frockt and Salomon were co-sponsors.

“Evidence tells us that youth solitary confinement does not work, causes trauma, and actually make it harder to rehabilitate youth,” said Ferguson “I remain deeply appreciative of the diverse, bipartisan coalition that came together to support this common-sense criminal justice reform.”

“Solitary confinement has no place in juvenile facilities,” Rep. Peterson said. “It traumatizes youth and hurts their ability to learn and grow into adults who are effectively re-integrated into society. I’m proud to have helped pass this bill.”

“Solitary confinement is emotionally and psychologically damaging to youth, who are less developed and more vulnerable,” Sen. Wilson said. 
"A study of suicides in juvenile facilities revealed half of all suicides occurred while in isolation and 62 percent had a history of solitary confinement. This bill is a critical and necessary next step in our work to reform and improve the system working with juveniles.”

Ferguson’s legislation places restrictions on the use of room confinement and isolation in youth detention facilities, but it does not prohibit those tools. The legislation requires that the use of isolation and room confinement be limited to a period of no more than four hours, and only for the purpose of safety. Moreover, the bill requires institutions to document any use of isolation or room confinement.

Fergusons’ legislation applies to both county and state facilities.

Ferguson’s legislation is supported by several organizations, including the Washington Department of Children, Youth and Families, the American Civil Liberties Union, TeamChild, Columbia Legal Services and King County. Ten states, including California and Texas have passed similar laws.



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AG Ferguson: Court blocks Trump administration effort to divert Washington funds to border wall

Tuesday, March 3, 2020

A submarine sails through Puget Sound on its way
to Naval Base Kitsap in Bangor
Photo by John Slomnicki


On February 27, 2020, a federal judge reversed and permanently blocked the Trump Administration’s unlawful decision to “reprogram” funding for more nearly $89 million in congressionally approved military construction funding meant for Naval Base Kitsap to help build a wall along the U.S. southern border with Mexico.

Judge Barbara Rothstein in the U.S. District Court for the Western District of Washington granted summary judgment in Attorney General Bob Ferguson’s lawsuit challenging the Administration. The Trump Administration’s unlawful decision would have diverted nearly $89 million from the Kitsap Peninsula’s Bangor submarine base.

“This judgment is an important victory for the rule of law, and the system of checks and balances our founders enshrined in our Constitution,” Ferguson said. 
“We’re looking forward to this $89 million being used the way Congress intended — to support a military construction project in Washington state.”

Gov. Jay Inslee said,

“I am pleased that the Court agreed that money from Washington state projects should not be diverted to help subsidize President Trump’s border wall. 
"Washington will continue to fight against any proposed efforts to move funds out of our state for unlawful and unconstitutional purposes. I thank the Attorney General for his continued fight on behalf of Washingtonians.”

Two federal judges — one in Texas and one in California — previously issued injunctions blocking the border wall project, but those injunctions have been lifted. This new ruling means that congressionally approved funding meant for Washington will not be diverted to that project.

This ruling marks the 25th legal victory for the Attorney General’s Office in litigation against the Trump Administration.

In February 2019, President Trump declared a “national emergency” to reallocate funds for his long-promised border wall despite the fact that Congress has repeatedly refused to approve the funding he requested.

Congress voted with a bipartisan majority to overturn President Trump’s “emergency” declaration with bipartisan support, but President Trump vetoed their legislative action.

Ferguson filed his lawsuit in September 2019, after the Trump Administration identified the specific military construction projects it intended to target — seven months after the “emergency” declaration.

Ferguson waited to file the lawsuit until the Trump Administration identified Washington projects that would be implicated.

A bipartisan group of more than 100 former members of Congress filed a brief in support of the challenge, along with the U.S. House of Representatives and 60 former national security and State Department officials who served presidents of both parties.





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Rotary Club of LFP hears about new Community Court

LFP Councilwoman Phillippa Kassover and
President Robin Roat stand with speaker
Judge Joseph Campagna in the desire to
develop the best possible local court system.
Photo courtesy LFP Rotary

On February 26, 2020, District Court Judge Joe Campagna spoke at the meeting of the Rotary Club of Lake Forest Park on the topic of the new Shoreline Community Court.

King County Community Court in Shoreline is an alternative problem-solving court. 

It seeks to go beyond punishment to identify and address the underlying challenges that may contribute to an individual’s further criminal activity. 

Court is held in Shoreline City Hall. The setting is less intimidating and allows the judge to be seated at eye-level with people.

The court addresses things like theft, shoplifting, trespassing, and other low-level offenses. 

Traditionally, individuals are punished for crimes like these. However, the punishment often doesn’t address why the crime is happening. 

Community Court participants can sign up at the community resource center in the lobby for services such as drug and alcohol treatment, financial/housing assistance, and employment services.

This approach allows people to get services that help address the underlying issues that may have led to the criminal activity. Participants are also often required to perform community service to foster community engagement.

LFP Rotary meets every Wednesday morning, 7:10am for a program speaker and breakfast at Lake Forest Park Presbyterian Church.




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Judge rules Eyman broke the law, concealed $766,000 in political contributions

Saturday, February 22, 2020

Judge rules that Tim
Eyman broke the law

From the Office of the Attorney General

A Thurston County Superior Court judge ruled Friday that Tim Eyman has committed more than 100 violations of multiple Washington state campaign finance laws by concealing $766,447 in political contributions. Eyman faces significant potential penalties which will be determined in July.

Judge James Dixon ruled that Eyman broke the law by failing to disclose the $766,447 in contributions in the form of multiple reports to the state Public Disclosure Commission over several years. The judge ruled that a total 110 reports are a combined 173,862 days late. Eyman remains in contempt of court for refusing to turn over information, for which the court has ordered him to pay daily monetary sanctions.

Washington campaign finance law allows penalties of up to $10 per day that each report is late. Eyman can also face an additional penalty of $766,447 — the amount concealed. Additionally, the penalty can be trebled if the judge finds his conduct was intentional. The office contends these violations were intentional and will be seeking triple penalties.

The penalty for these violations will be decided following the trial on the remaining issues in the case, set for July 13.

During its investigation, Attorney General Bob Ferguson’s office discovered that Eyman solicited hundreds of thousands of dollars in contributions for a political purpose, which he spent for his personal benefit. Eyman previously characterized the contributions as “gifts,” even though the Public Disclosure Commission specifically advised him in a 2002 letter that donations, such as for personal living expenses, “designed to enable you to continue your efforts of supporting initiatives” were political contributions subject to disclosure.

Today’s ruling did not address the original violations Ferguson and the Public Disclosure Commission asserted at the time Ferguson filed suit in March 2017 lawsuit, including the assertion that Eyman concealed a $308,185 kickback. Those issues, and others, will be resolved at trial.



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AG Ferguson’s bill banning solitary confinement as punishment for juveniles passes House with bipartisan support

Friday, February 14, 2020

Washington State Attorney General
Bob Ferguson
Attorney General Bob Ferguson’s agency-request legislation to ban solitary confinement as a punitive practice for juveniles passed the Washington State House of Representatives Thursday, in a strong bipartisan vote of 76-20.

There is a growing national consensus that placing juveniles in solitary confinement is inhumane and does not improve behavior. 

Studies have shown solitary confinement to be both emotionally and psychologically damaging for youth, as well as ineffective at improving behavior. 

Solitary confinement exacerbates stress and other mental health conditions, particularly for youth.

The bill, sponsored by Rep. Strom Peterson, D-Edmonds, now moves to the Senate for consideration.

Signing on to the bill were Reps. Lauren Davis and Cindy Ryu from the 32nd LD (Shoreline) and Reps. Javier Valdez and Gerry Pollet from the 46th LD (Lake Forest Park)

“We must reform our criminal justice system to reduce recidivism,” Ferguson said. 
“Doing away with practices that evidence shows do not work, and actually make it harder to rehabilitate youth, is common sense. I remain deeply appreciative of the diverse, bipartisan coalition that has come together to support this legislation.”

“Solitary confinement has no place in juvenile facilities,” Rep. Peterson said. “It traumatizes youth and hurts their ability to learn and grow into adults who are effectively re-integrated into society. I’m proud to have helped pass this bill.”

Ferguson’s legislation places restrictions on the use of room confinement and isolation in youth detention facilities, but it does not prohibit those tools. The legislation requires that the use of isolation and room confinement be limited to a period of no more than four hours, and only for the purpose of safety. Moreover, the bill requires institutions to document any use of isolation or room confinement.

Fergusons’ legislation applies to both county and state facilities.

Ferguson’s legislation is supported by several organizations, including the Washington Department of Children, Youth and Families, the American Civil Liberties Union, TeamChild, Columbia Legal Services and King County. Ten states, including California and Texas have passed similar laws.



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A successful debut for Shoreline Community Court

Saturday, January 11, 2020

Court is in session



Text and photos by Jamie Holter

It was a packed house at Shoreline City Hall on Tuesday, January 7, 2020 at 1:30pm for the debut of Shoreline Community Court, a court that holds low-level offenders accountable and connects them to the support and resources they need to move in a new, non-justice-involved direction. 

Judge Campagna explains the terms


All six offenders scheduled before District Court Judge Campagna were there. They were young and old, white and people of color, male and female. Judge Campagna explained how community court works and asked each defendant if they’d like to participate. Several expressed an interest in the option.

Saying yes means they get a needs assessment and sign a contract with the court. If they meet the contract requirements, charges are dismissed.

Friendly volunteers escort the defendants
who choose the support services


Nearly 30 people – volunteers, resource providers, and friendly and supportive faces – filled the seats of council-chambers-turned-courtroom. Volunteers helped the defendants make their way to an assessor who spends confidential 30 minutes with them to identify their needs – mental health counseling, drug counseling, transportation support, housing, food stamps – then the volunteer walks them to the resources in the foyer of city hall.

Defendants get their turn with the judge
and court personnel 
 

A defendant, who did not want to give his name, was emotional as he talked about what this new process meant for him.

“This is the one of the better experiences I have had in the court system. The resources are here and right away. The structure, the comfortable atmosphere… it’s exactly what I need. It’s been a long time coming. I am impressed with this. 
"This is the first time in my life where I am getting outside help. I am used to being left out. For once in my life, I feel like I have some hope and some direction.”

This court runs every week on Tuesdays from 1:30 – 3:30pm. The resources center in the City Hall foyer is available to all residents, not just those involved with the justice system. The city is posting which organizations are on site each week.




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Crime pays: U.S. Attorney’s Office collects more than $14 million in civil and criminal actions in fiscal year 2019

Tuesday, December 31, 2019

Seattle – U.S. Attorney Brian T. Moran announced that the Western District of Washington collected more than $14 million in criminal and civil actions in fiscal year 2019. $10.3 million of that amount was collected in criminal cases, while $3.7 was collected in civil cases.

Additionally, the office forfeited more than $4.6 million in criminally involved property in fiscal year 2019.

“Part of holding law breakers accountable is taking the profit out of crime and misconduct,” said U.S. Attorney Brian Moran. 
“I want to recognize the hard work of the attorneys and professional staff in the U.S. Attorney’s Office who work diligently to get offenders to pay up and work to see that civil fines and payments go to help those who have been damaged.”

Criminal and Civil case collections
  • In criminal case collections, the office secured more than $2 million in restitution for the investment fraud victims in U.S. v. Dennis Gibb.
  • In U.S. v. Steven Ross, the U.S. Attorney’s Office collected the full $368,000 in restitution for this case involving fraud on the Social Security Administration.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. 

The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. 

While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

Forfeiture of criminally-involved property

Additionally, the U.S. Attorney’s Office in the Western District of Washington, working with partner agencies and divisions, forfeited $4,625,430 in criminally-involved property in FY 2019. The proceeds from those forfeitures are deposited into the Department of Justice Assets Forfeiture Fund, where they are used to restore funds to crime victims and for a variety of law enforcement purposes.

  • In 2019, significant Department of Justice forfeitures included the criminal forfeiture of $745,000 real property and financial accounts in U.S. v. Lionel Hampton, et al. The criminal group distributed controlled substances including oxycodone and laundered the proceeds through real property purchases.
  • In a second case, U.S. v. Keenan Gracey, the office forfeited nearly $604,000 in proceeds that Gracey paid to rent a mansion used in the fraud scheme. We have requested that these funds be applied to Gracey’s restitution order and paid to his victims.



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ICHS expands free legal services for patients

Thursday, December 26, 2019

Free legal services now available at
ICHS Shoreline clinic

International Community Health Services (ICHS) and Eastside Legal Assistance Program (ELAP) recently announced the expansion of a program that gives access to free legal services for ICHS patients.

Low income patients referred from ICHS’s Shoreline Clinic, 16549 Aurora Ave N, can now meet with ELAP’s attorneys for free legal advice.

The announcement follows the launch of similar services at the ICHS Bellevue Clinic in October 2018. 

“We’ve seen a positive impact for patients at our Bellevue Clinic and we are thrilled to work with ELAP to bring the same to Shoreline,” said Kimo Hirayama, assistant medical director at the ICHS Shoreline Clinic. 
”Many of our patients are immigrants or refugees who face unique challenges or vulnerable circumstances. In providing access to qualified legal experts, we hope to address issues that put families’ health at risk and threaten our communities.”

ELAP experts can help patients on a wide range of civil matters, including those related to public benefits, housing, education and employment, legal status and family law issues.

“The Medical-Legal Partnership was founded on the idea that the most effective health care services target health problems at the source, said Dorothy Leggett, ELAP MLP staff attorney. We know that legal issues are stressors that can negatively impact a patient’s health and the community’s well-being. By working alongside health care teams to help patients assert their legal rights, we hope to increase access to free civil legal aid and improve overall health outcomes.”

Services are available to qualifying King County residents who fall below 200% of the federal poverty level, which was $50,200 for a family of four in 2019. The health care teams at ICHS’s Bellevue and Shoreline clinics work closely with ELAP’s legal aid attorneys to identify patients who qualify. Referred patients will meet with an attorney for sessions that can be scheduled at either the ICHS Bellevue or Shoreline Clinic.

For more information about free legal help available to ICHS patients, call 206-788-3700.

International Community Health Services (ICHS) provides culturally and linguistically appropriate health services to improve the wellness of King County’s diverse people and communities. ICHS’s commitment to health equity includes supporting safer neighborhoods, nutritious foods, green spaces, jobs, housing and economic opportunity. 

Since its founding in 1973, ICHS has grown from a single storefront clinic in Seattle’s Chinatown-International District with deep roots in the Asian Pacific Islander community, to a regional health care provider employing more than 600 people and serving nearly 32,000 patients at 11 clinic locations.

ELAP was founded in 1989 by attorneys and community representatives who saw a need for an organization to provide free civil legal services to low-income people in East and Northeast King County. Since then, ELAP has expanded its services to include legal services for survivors of domestic violence through all of King County and patients at community healthcare centers. 

ELAP offers services through 30 community-based legal advice clinics, brief services, direct representation, and assistance with wills. Services are provided by over 250 volunteer attorneys and ELAP Staff Attorneys.



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King County Prosecutor: Community Court opens Jan 7 in Shoreline

Dan Satterberg
King County Prosecuting Attorney

King County Prosecuting Attorney’s Office is partnering with the City of Shoreline and a dozen social service organizations as we open and staff the third Community Court in King County.

Court opens Jan. 7, 2020.

Community court is one of many therapeutic courts like Veterans’ Court, Mental Health Court, and Drug Court that holds offenders accountable while addressing the root cause, the why, of their actions.

It's a collaborative approach to justice. The city, in this case Shoreline, agrees to provide a place to hold court (their City Hall) and develops connections with local service providers to get offenders connected to mental health, behavioral health, substance use disorder support in that community.

The service providers set up shop right next to community court so it is literally a short walk to get help.

That low-barrier to help leads to more success.

“It’s all about harm reduction,” says Senior DPA Leah Taguba, District Court Unit Chair. “The traditional model has people arrested, adjudicated, maybe some time in jail, and then sent right back into that community with nothing to address how and why they ended up here in the first place. So, it’s not a stretch to think it may happen again.”

Local prosecutors, judges, and case managers review a case, complete a needs assessment, and, if it’s a good fit, offer the defendant the chance to opt in. If the offender agrees, completes the order of stipulation and community service, charges are dismissed. If they fail to complete the requirements, they lose the opportunity.

Research and recidivism statistics show this works. Redmond and Burien show it works too. These community courts have been open, handling hundreds of cases, and offering thousands of service hours since April 2018 and February 2019 respectively.

“These people are in our community and they can either go to jail, get no help and be released back into our community OR they can get help to tackle their issues and be released into our community,” said Leah. “The data shows the entire community is better off if they get help.”

What’s more, any member of the community can take advantage of community court resources. They don’t have to be court-involved to get social services, or even an ORCA card.

The courts are developed and staffed by local cities and in partnership with King County District Court, the King County Prosecuting Attorney’s Office, Department of Public Defense and a long list of community partners that are the key to the success of this program.

Community court will be open on Tuesdays from 1:30-3:30pm at Shoreline City Hall, 17500 Midvale Ave N. The city will post service providers on their website. 

Here is a short list available in Shoreline:
  • 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


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