DAYTON–In the wake of the ruling in Blake vs. State of Washington, which invalidated the felony drug possession law last February, counties that held up the law as it was written are facing questions about the process of paying back fines and fees as well as clearing records of people convicted under the statute.

"The County has about 450 cases for simple possession dating back to when it was put in force in 1971," said Columbia County Prosecutor Dale Slack. "Blake vs. State ruled the law unconstitutional because it failed to discriminate between knowingly or unknowingly possessing illegal drugs when charged for the crime. If someone was charged for only possession, they not only can now petition to have the charges dismissed and fees and fines with interest reimbursed, but be paid restitution for wages and opportunities lost. Clearing records would also further opportunities for employment and housing and rights would be restored for such things as voting, bearing firearms and traveling into Canada."

On behalf of those charged with simple possession, a class-action lawsuit has been filed against King and Snohomish counties, but "I've been informed that the attorneys in that case intend to expand it to all Washington counties," Slack said. "The Counties are asking the Attorney General's office to take over defense of the cases, since all the prosecutors and judges who dealt with these cases did so in the name of the State of Washington, and the law was a Washington State Law," Slack continued.

"So far, Mr. Ferguson has refused to help King and Snohomish County, and I anticipate he will refuse to help us as well," Slack said. "So, we should be prepared to hire a private attorney to represent us in the suit. My hope is that a number of eastern Washington counties with similar views on the lawsuit can band together to hire one firm, which would cut costs and make coordination of efforts much easier."

The counties have been given some funds to cover costs but they are "inadequate," said Slack, as is the guidance and direction offered to have a unified approach statewide.

"I don't blame our local legislators--they're in the minority party, and no amount of work on their part is going to overcome the will of the legislators who like this outcome," Slack said. "The legislature did pass a 'fix' in the law which added the language that the Supreme Court wanted to see; however, they made simple possession of hard drugs a misdemeanor offense, and added a number of requirements for treatment programs to be used that are not going to be funded. Treatment is very important to us, and should be to the community, but it only works if the funds are there to do it right."

According to Attorney Prachi Dave of the Public Defender Association representing the plaintiffs in the suit, one thing the lawsuit aims to do is push for a statewide response for restitution rather than leave it to each county to determine its course of action.

Governor Jay Inslee announced for the 1,200 individuals on community supervision solely for drug possession, they can petition for full release and will be given "unconditional commutations for eligible petitioners to eliminate any remaining community supervision involving drug possession convictions that have been invalidated by the Washington Supreme Court, as well as any obligation to pay on related legal financial obligations."