This past session, the Washington State Legislature passed SHB 2822, Chapter 176 of the Laws of 2018, to address growing problems with people misrepresenting ordinary animals as service animals. In addition to changing the definition of “service animal”, the new law also creates a civil penalty for misrepresentation of a service animal of up to $500. WashingtonLawHelp has published a guide related to this new law here.
K & L Gates has founded a pro bono project to help victims of “revenge porn” or nonconsensual pornography defend their “cyber” civil rights. Assistance is available to victims both within the United States and abroad. To contact the Cyber Civil Rights Project and K & L Gates, use this link. For more information about cyber civil rights, see the Cyber Civil Rights Initiative’s web site.
The disconnect between the perceived value of public libraries–particularly in the eyes of influencial policy-makers–and the vital role they play in supporting the social infrastructure of a civil society is real. And it’s something that anyone concerned about equity, open access, and diversity should be prepared to confront. So says sociologist Eric Klinenberg, in his recent New York Times opinion article, To Restore Civil Society, Start With the Library.
For more information about the recanted Forbes article about the value of public libraries, see this QZ article.
King County Bar Association’s Volunteer Legal Services program has launched a new service for low-income people trying to vacate criminal conviction records. The ultimate goal is to reduce the barriers to employment and housing created by convictions. To be eligible to participate, you must be low-income and your most recent conviction must have been from a court within King County. Download this flyer for more information.
Seattle Municipal Court is sponsoring a warrant outreach program on Thursday, August 9th from 10:00am to 4:00pm at the Lake City Community Center. The Warrant Outreach event is a partnership between the Seattle Municipal Court, King County Department of Public Defense, Seattle City Attorney’s Office, Seattle Police Department, Seattle Parks and Recreation and the Seattle Human Services Department.
Anyone with outstanding warrants is welcome to attend and learn about options for resolving warrants and/or outstanding tickets. Court staff will be on hand to answer questions about court processes and provide additional information. For more information about the event, visit the City of Seattle’s news web site. or contact Gary Ireland, Public Information Officer at firstname.lastname@example.org.
The Northwest Consumer Law Center offers programs to provide affordable legal help with foreclosure, bankruptcy, debt collection, credit reporting issues, automobile purchases and student loan issues. To be eligible for this assistance you must be a Washington State resident and your total household income – before taxes, expenses, deductions, etc. – must be at or below a limit based on the current Federal Poverty Guidelines.
For more information and to determine if you qualify, visit the Get Help section of NWCLC’s web site or call their intake telephone line at (888) 978-3386, extension 1722.
During the 2018 Regular Session, the Washington State legislature passed Senate Bill 5598, Chapter 183 of the Laws of 2018, which adds a procedure for grandparents and other relatives to petition the court for visitation rights. The new law amends RCW 26.10.160, repeals 26.09.240 and adds a new chapter to Title 26. For more details about the new law, see the Final Bill Report. Forms for the new procedure can be found on the State Court’s web site under the section titled Visits with Children.
Indigent people can be spared court fees that result from a criminal conviction and cannot be sanctioned for their inability to pay restitution and fines, under the new Washington Legislature Bill E2SHB 1783. This bill will ensure that poor people are not unfairly jailed or tied for years to the criminal justice system because they are unable to pay court-imposed debts known as Legal Financial Obligations (LFOs).
LFOs are fees, fines, costs, and restitution imposed by courts on every person convicted of a crime in Washington. The average LFO in Washington on a single case is $1,128, including misdemeanors. Poor people lack the resources to pay LFOs; according to the Administrative Office of the Courts, only 23.8% of LFOs are paid statewide. Even people who are homeless or who rely on public assistance payments to meet basic needs are forced to pay LFOs and interest. As a result, people with limited finances face insurmountable debt and remain tethered to the criminal justice system for years. And while jail is supposed to be reserved for individuals who willfully refuse to pay their LFOs, all too often courts have locked up poor people who were simply unable to pay, resulting in modern-day debtors’ prison. In one Washington county, approximately 20% of people in custody on a given day were serving time for non-payment of court-imposed debt.
- Prioritization of Victim Restitution: The bill prioritizes victim restitution by clarifying that this obligation must be paid out before any other LFOs when an LFO payment is submitted. Court costs, fines, and other assessments are to be paid after all victim restitution is completed.
- Ending the practice of jailing people who are unable to pay LFOs: The law clarifies that a court cannot jail a person who fails to pay LFOs unless the failure to pay is willful. People who are homeless or mentally ill cannot be found to have willfully failed to pay.
- Clearer standards for indigence and ability to pay: Judges will no longer be allowed to impose certain costs on defendants, such as the cost for his or her public defender if they meet certain income requirements created by the bill that render the individual indigent (someone at 125% of the poverty level).
- Reducing the Number of Mandatory LFOs: Many mandatory LFOs become discretionary, meaning the court can waive them upon a finding of indigence (someone at 125% of the poverty level).
- Elimination of Interest: The courts can waive interest rates on unpaid LFOs, which are currently at 12%.
- Set-Up Payment Plans: The courts can set up payment plans for costs and fines if the person is homeless, mentally ill, or indigent (someone at 125% of the poverty level).
- Community Service Creation: Several provisions allow for the court to convert some LFOs to community service if the defendant is too poor to pay.
- Protecting Public Assistance: The bill prohibits forced collection of funds received from needs-based public assistance programs.
Supporters of the new law said in legislative hearings that LFOs, with their high interest rates, create an endless financial web for poor offenders after they are released from prison, keeping some in poverty and unable to return to society. It will remove some of the hurdles that make it difficult for some people to “get back on their feet” after incarceration, Gov. Jay Inslee said.
“This law ensures a person’s ability to pay is considered when LFOs are imposed, and enables people with limited resources who have served their time to move on with their lives… No one should serve jail time simply because they are too poor to pay.” – Prachi Dave, Staff Attorney for the ACLU of Washington.
For comprehensive information about the impacts of LFOs, see Modern-Day Debtors Prisons: The Ways Court-Imposed Debts Punish People for Being Poor, a report issued by the ACLU of Washington and Columbia Legal Services: https://www.aclu-wa.org/docs/modern-day-debtors-prisons-washington. Community advocates, including the ACLU-WA, Columbia Legal Services, and the Statewide Poverty Action Network (Poverty Action), have been seeking changes to the LFO system for the past several years. You can read their reactions to this new law here:
This article, Motor Vehicle Repossessions: Consumer Debt Advice from NCLC, is the third in a series of articles from NCLC (National Consumer Law Center) that provide advice for families in financial difficulty. The Consumer Debt Advice series, targeted directly to the consumer, includes information about legal rights and best strategies for dealing with debt.
The focus of this article is on motor vehicle repossession including limits on self-help repossessions, ten strategies to prevent repossessions, six steps to take after your car is repossessed, and advice on responding to the creditor’s demand for additional payment even after the repossession. Far more detail with legal citations is found in NCLC’s Repossessions, a comprehensive legal treatise on consumer rights when dealing with motor vehicle repossessions.
You can read the full article on the NCLC Digital Library website by clicking on any of the links in this post or by following this address: https://library.nclc.org/motor-vehicle-repossessions-consumer-debt-advice-nclc.
Real Change released Seattle’s The Emerald City Resource Guide in April 2018. This new pocket-size resource guide is intended to help homeless people navigate a spiderweb of resources in King County. You can download The Emerald City Resource Guide here.
A common refrain in homeless services is that Seattle’s strength — a large number of nonprofits working to take care of homeless people — is also its weakness. In 2017, King County was home to 77 organizations that shelter or house homeless people. That’s 25 more than the city of San Francisco, and more than the entire state of Montana.
If you’re homeless, navigating this vast network can be hard. That’s why Real Change released a pocket guide to services for homeless people.
This durable and comprehensive pocket-sized booklet puts 132 slim pages of essential resources at the fingertips of homeless and very low-income people. New editions of the Emerald City Resource Guide will be published at least annually to keep services reliable and accurate.
The guidebook will list services such as health care, shelters and meals — and also features special sections for help with LGBTQ resources, culturally specific services and assistance with immigration issues.
The Emerald City Resource Guide complements online service listings that already exist by making the information immediately accessible to those who lack consistent access to technology.
According to Real Change Director Tim Harris, “I recently heard the story of a woman at a bus stop late at night, when she was approached by a young woman looking for a place to stay that night. The young woman didn’t have a cell phone, and by that time libraries were closed and she had nowhere to turn to look up local shelters. The first woman quickly searched through her phone, and was able to point the young woman in the right direction. If she had a guidebook, she said, she would have been able to hand the young woman a copy, connecting her to more support opportunities.”
“This is our vision on the Emerald City Resource Guide: a pocket-sized portal to change. As someone flips through the guidebook, looking for a shelter, maybe they’ll pass an entry on drug treatment services, or a job readiness program, and inspiration will spark.” – Real Change Director, Tim Harris
This pilot guidebook was made possible by a $20,000 Seattle Human Services Department Innovation Grant, $12,000 in sponsorships from a wide variety of partners, and around $4,000 of Real Change’s own money. Current sponsors of the Resource Guide include: 2-1-1, YWCA, Amerigroup Washington, Muslim Association of Puget Sound, Neighborcare Health, Jewish Family Service, DESC, Solid Ground, Evergreen Treatment Services, Pike Place Market Senior Center, Recovery Café, ROOTS and Community Health Plan of WA.