Category: legislature

Hospital Overcrowding Prompts Push For Guardianship and Informed Consent Reforms

King County COVID data as of January 14, 2022

By Leo Brine

Seattle Rep. Nicole Macri (D-43) is working on a bill to reform Washington’s informed consent and guardianship laws, which have prevented hospitals from discharging some patients who need long-term care at a time when hospitals need as many beds as possible to handle the latest spike in COVID cases.

Washington’s guardianship and informed consent laws have prevented hospitals and family members from transferring some patients who cannot make decisions for themselves into long-term care facilities even when a family member has given consent. Macri has a bill cued up which will address the problem, she said.

While the state’s informed consent laws empower family members to make many decisions for incapacitated people, they don’t allow incapacitated patients to leave hospitals for long-term care without the consent of a court-appointed guardian. The reason? Money: Guardians are responsible for paying for long-term care.

It can take months for courts to establish someone as a patient’s guardian, so Macri wants to amend the state’s informed consent laws to make it easier for patients to move to long-term care facilities while allowing courts to establish guardianship for the patient’s long-term financial management later.

Right now, hospitals have patients occupying hospital beds that could be used to treat people with acute needs because they don’t have a paper saying who’s going to front the bill.

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As of January 12, Washington state has 2,062 COVID patients in hospitals with 172 on ventilators, according to state data. In King County, hospitalizations more than doubled between January 2 and January 9, county data shows.

Hospitals in Washington have said they are in “a state of crisis” after operating for months at high capacity and now with omicron sending more people to the hospital than ever before.

The Washington State Medical Association sent Governor Jay Inslee a letter last week saying that hospitals are in “a state of crisis” and asking the governor to change guardianship laws so that family members can agree to transfers. The letter included the draft of a proclamation that, if Inslee signed, would have that efect.

However, Inslee said last week that he does not have the executive authority to make the proclamation because, “you have to comply with federal law to admit someone to a long-term care facility. I cannot waive federal law.”

Instead, the governor—inadvertently highlighting the need for Macri’s fix—announced Thursday that he hopes to increase the number of social service workers who work on patient transfers. He also proposed create a program to expedite the process of establishing guardianships and increase the number of guardians, which could help reduce the backlog of patients stuck in hospitals. “[This] may involve more resources for the superior court,” he said. Additionally, to help long-term care facilities take on more discharged hospital patients, he’d add new health care workers to long term care facilities.

Macri says her bill is still necessary because establishing guardianship “can still take months even with the steps that [Inslee is] putting in place.” Her bill will change informed consent laws to allow family members, those with power of attorney, and other surrogate decision makers to consent to a patient’s transfer to a long-term facility.

Macri plans to meet with the governor’s team about her bill to hammer out how it fits in with Inslee’s plans and to address some concerns the governor’s office has around informed consent. One potential sticking point is that, according to Macri, Inslee’s team is sticking with their position that only guardians should be able to make these transfers happen.

Meanwhile, patients without guardians are not the only ones who are having a hard time getting out of hospitals. Often, there are no shelter beds available for homeless patients. And some patients came to the hospital from long-term care facilities but are unable to go back into their care because of understaffing.

Amid Court Battle Over Capital Gains Tax, House Finance Chair Previews Future Reforms

State Rep. Noel Frame (D-36)
State Rep. Noel Frame (D-36)

By Clara Coyote

Following up on last year’s capital gains tax—a major legislative win for progressives during the 2021 session that puts a 7 percent tax on profits greater than $250,000 from the sales of assets, such as stocks and bonds—state Rep. Noel Frame (D-36) has her eye on comprehensive structural change for Washington’s upside-down tax code. The poorest fifth of Washington state residents pay, on average, 16.8 percent of their incomes in state and local taxes while the richest 1 percent of Washingtonians pay an average of just 2.4 percent.

A key piece of that larger agenda for Frame, the House finance chair, is a wealth tax; she introduced a version last year,  HB 1406, which the state department of revenue estimated would bring in $2.5 billion a year. Frame passed the bill out of her Finance Committee last year before it stalled in House Appropriations. Frame said she sees the senate version, SB 5426, as this year’s vehicle, and hopes the Senate Ways and Means Committee will hold a hearing on the legislation. 

Additionally, Rep. Frame said there will be smaller but meaningful bills during this year’s short (60-day) legislative session to clarify the implementation of existing legislation—for example, refining the 2023 rollout of the Working Families Tax Credit, a program Democrats passed last year, that will provide payments ranging from $300 to $1,200 to low-to-moderate-income people. Frame’s committee may also consider progressive modifications to the existing estate tax, by lowering taxes on small and medium estates while increasing taxes on the largest. This is work that first began with HB 1465, introduced (but not passed) last year.

Frame said that larger, systemic reform is emerge from the work of the multi-year bipartisan Tax Structure Work Group, which Frame chairs. Frame told PubliCola that she hopes to see bills as soon as 2023 refining an anti-displacement property tax exemption proposal meant to protect housing for mid-to-low income Washingtonians. In its final draft, Frame said, the legislation will incorporate feedback from town hall meetings where participants said renters as well as homeowners should benefit from the exemption. Frame said the work group will also figure out the details of her proposed wealth tax. 

Frame believes small businesses also need help. “We have the business and occupation (B&O) tax passed in the 1930s as a temporary measure that never went away,” Frame said. The B&O tax applies to all revenues a business takes in, regardless of whether a business turns a profit. “This disproportionately harms small businesses,” Frame said. “A central goal of the working group is finding a better alternative.”

Frame said she’s well aware that the progressive capital gains tax is already facing a court challenge but said she’s undeterred about moving forward with additional reforms that could draw more lawsuits. “Just because the rich and the powerful will threaten us every single time with a lawsuit doesn’t mean we shouldn’t ask them to pay their fair share,” she said. 

SPD Pumps Brakes on Plans to Reconsider Low-Level Traffic Stops

Iosia Faletogo, 36, was shot and killed by a Seattle Police Officer in December 2018 during a struggle that began with a low-level traffic stop.

By Paul Kiefer

A long-awaited announcement by Interim Seattle Police Chief Adrian Diaz outlining a plan to phase out low-level traffic stops by police officers did not appear when expected this month. The delay raises the prospect that the policy change, previously a point of agreement between Diaz and police reform advocates, could become entangled by the impending shakeup in city leadership, especially as Diaz waits to learn whether incoming mayor Bruce Harrell will appoint him as the police department’s permanent chief.

Last Tuesday, members of SPD’s command staff met with staffers from the Seattle’s Department of Transportation (SDOT) and the Office of the Inspector General (OIG), the police oversight agency that first pushed SPD to forego low-level traffic stops earlier this year, to brainstorm how to disentangle traffic enforcement from policing. The meeting was a chance for Diaz to solidify a plan of action before the end of the year: a deadline he seemed to endorse in October.

Before he could announce any changes, Diaz quietly left his office for the holidays, which most likely means the traffic stop reforms will remain on hold until next year. The new year could also bring a new police chief: While Diaz has expressed his interest in becoming Seattle’s permanent police chief, Harrell says he will conduct a nationwide search. Impending shakeups within the core group of city departments responsible for spearheading traffic stop reform risk delaying the changes even further.

Removing police from low-level traffic enforcement, Inspector General Lisa Judge argued last summer, is a way to address longstanding concerns that both community members and police officers have expressed the safety risks involved in traffic stops. “Stopping a person is a significant infringement on civil liberty and should be reserved for instances when a person is engaged in criminal conduct that harms others,” Judge wrote in a letter to Diaz in May. “Stops for government-created requirements like car tabs, with nothing but a potential monetary penalty, do not justify the risk to community or to officers.”

Traffic stops are still among the most common types of encounters between police and civilians in Seattle, though SPD’s traffic enforcement has waned as the department focuses its officers on other priorities after two years of high attrition. As of early November, SPD had issued about a third as many traffic citations as it did in 2019. The fines collected from minor traffic citations make up a relatively tiny portion of the city’s revenue—about $5 million since 2019.

Despite the drop-off in traffic stops, racial disparities persist: Though the Seattle Municipal Court has incomplete data on the demographics of people cited for traffic violations, even the partial data shows that Black people are overrepresented by a factor of two compared to the city’s overall population. Nationwide, drivers of color are also more likely to be injured or killed by police during routine traffic stops, a trend that Judge highlighted in her letter to Diaz in May.

Po Leapai, a member of the Washington Coalition for Police Accountability, is all too familiar with the dangers of traffic stops. On New Year’s Eve in 2018, SPD officer Jared Keller shot and killed his cousin, 36-year-old Iosia Faletogo, in Seattle’s Licton Springs neighborhood after a minor traffic stop and a case of mistaken identity turned into a foot chase. “We learned he had been killed from Facebook,” Leapai said. “We were all at a family New Year’s barbecue waiting for him to show up, and he never came.”

The incident began when two SPD patrol officers driving behind Faletogo on Aurora Avenue N. decided to search his license plate. Their search linked the license plate to an older woman with an expired driver’s license, a relative of Faletogo’s who owned the car. When Faletogo pulled into the parking lot of a convenience store, the officers pulled in behind him and turned on their emergency lights. After learning that Faletogo lacked a driver’s license and had two felony charges from his teenage years, the officers called for backup. When four more officers arrived, Faletogo ran.

The officers caught up to him across the street, tackling Faletogo to the ground. A gun fell out of his waistband, and as the officers tried to pin him to the pavement, Keller shot Faletogo, killing him.

The Office of Police Accountability, cleared Keller of wrongdoing for the shooting, citing Faletogo’s gun and his attempt to resist arrest. But in May, Judge cited Faletogo’s killing in her argument to end the use of police for low-level traffic enforcement.

Leapai believes his cousin would still be alive if SPD patrol officers hadn’t decided to stop him for a minor traffic infraction. “Those traffic stops are another kind of stop-and-frisk,” he said. “I can’t see why there was a need to pull my cousin over, and it definitely wasn’t worth killing him.”

Faletogo’s family filed a wrongful death suit against the City of Seattle in December 2020, arguing that the traffic stop that led to his death was unconstitutional and discriminatory. Faletogo was Samoan; a woman riding in the car with him was Black. Nathan Bingham, who represented the family in the lawsuit, said that the traffic stop itself is at the heart of the problem. “That stop never should have happened,” he told PubliCola. “Minor traffic stops, by their nature, always come with the threat of deadly force by police. They’re volatile and unpredictable.” The city settled with the Faletogo family for $515,000 in September.

If SPD takes more time to consider scaling back traffic stops, Seattle will find itself in a race with state lawmakers to implement reforms when the discussion about traffic enforcement resumes in January. At the very end of last year’s state legislative session, Sen. Joe Nguyen (D-34, West Seattle) introduced a bill that would have prohibited police officers from stopping drivers for eight common civil infractions, including improper turns, driving with expired tags, and driving without a valid license. Continue reading “SPD Pumps Brakes on Plans to Reconsider Low-Level Traffic Stops”

Eviction Moratorium Set to Expire at End of Month, Putting Tenants Statewide at Risk

By Leo Brine

As the state begins to lift its pandemic restrictions, housing advocates worry that one restriction is ending prematurely.

Washington’s eviction moratorium, which Governor Jay Inslee established at the start of the pandemic, is set to expire on June 30. The bill established a right to counsel for tenants facing eviction—the first law in the nation to do so—but included a Republican amendment establishing the expiration date.

Now, as counties begin begin distributing rent assistance, advocates worry about a vicious cycle in which tenants get evicted because their assistance didn’t arrive on time, and can’t hire attorneys to defend them because legal assistance programs aren’t up and running yet. Advocates are asking Inslee to extend the moratorium so the state can hire and train lawyers, set up mediation programs and properly distribute rent assistance to tenants and landlords.

If the moratorium is lifted, it will disproportionately impact people of color and people with disabilities. Census data shows that 34 percent of Latino/Hispanic households and 16 percent of Black households are behind on rent in Washington.

To prevent hundreds of thousands of people from losing their homes after the moratorium ends, the legislature passed a trio of eviction prevention bills this session. One established a list of 16 “just cause” reasons landlords can give in order to evict a tenant (HB 1236); another will fund state rental assistance programs (HB 1277); and one allows landlords to apply for rental assistance funds and provides a right to counsel for indigent tenants facing eviction, similar to public defenders in criminal cases (SB 5160).

When the House voted on the last bill, they also included an amendment by Rep. Michelle Caldier (R-26, Port Orchard) stipulating that the eviction moratorium is up at the end  of this month. When Inslee signed the bill, he left in Caldier’s amendment, signaling he agreed with setting a hard deadline.

The Washington Low Income Housing Alliance is now lobbying Inslee to extend the moratorium so the state can get all its eviction protection programs in place. “All we need is time,” Michele Thomas,W LIHA’s Advocacy and Policy Director, said. The protections the state put in place this year are great, she added, but “if the governor does not extend the moratorium, a lot of the work will be for not.”

Thomas said Inslee should end the moratorium on a county-by-county basis, depending on how prepared each county is to handle eviction cases, similar to how the state has lifted COVID restrictions.

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Democrats have also called on the governor to extend the moratorium. On Wednesday, June 17, Rep. Jamila Taylor (D-30, Federal Way), the chair of the House Democrats’ Black Caucus, sent a letter to the governor asking him to extend the moratorium.

Taylor also wants to see the moratorium lifted in counties who are adequately prepared to dispense rent assistance and provide legal representation to tenants, “so that no families are homeless,” she said in a statement. “We’re at the two-yard line. Now is not the time for us to leave families without this crucial safety net.”

If the moratorium is lifted, it will disproportionately impact people of color and people with disabilities. Census data shows that 34 percent of Latino/Hispanic households and 16 percent of Black households are behind on rent in Washington. Taylor said that by allowing the moratorium to expire, Washington would be taking a major step back in improving equity—something the Democratic legislature touted as a priority for the 2021 session.

King County Housing Justice Project Manager Edmund Witter told PubliCola that despite Caldier’s amendment, Gov. Inslee could extend the moratorium. (King County’s Housing Justice Project, which provide legal counsel to tenants, is one of several such groups across the state.) All the amendment did was say the current iteration of the moratorium must end on June 30; it did not limit the governor’s to extend the moratorium in response to the pandemic emergency, Witter said.

However, the governor’s emergency powers run out on June 30, when the official state of emergency ends, creating a hard deadline for Inslee to make a decision. Inslee spokeswoman Tara Lee said the governor’s office has not decided yet whether to extend the moratorium.

If the moratorium does end on June 30, Witter is concerned that Washington’s courts will be overwhelmed with eviction cases. “There’s just no plan,” for how courts will deal with cases, Witter said.

“If a tenant doesn’t know whether or not they’re going to get rental assistance, how are they going to know what terms are reasonable to a repayment plan that they’re going to sign onto?How would they know whether or not what they’re signing onto is something they can afford?”—Michele Thomas, Washington Low-Income Housing Alliance

Ideally, eviction cases could be resolved without getting courts involved at all. SB 5160 establishes Eviction Resolution Programs (ERPs) in six counties (Clark, King, Pierce, Thurston, Snohomish and Spokane), using dispute resolution centers to settle landlord-tenant disputes. These programs work by having landlords, tenants, and their lawyers meet with an eviction resolution specialist to reach an agreement to prevent eviction, such as a more forgiving rent repayment plan.

Rep. Nicole Macri (D-43, Seattle) worked on the eviction protection bills during the session. She said many of the tenant protections the legislature passed this year included emergency clauses that put them into effect immediately, including mandatory repayment plans and the just cause eviction bill. (The latter still allows landlords to evict tenants for failing to pay their rent, but requires them to offer tenants a repayment plan 14 days before serving them an eviction notice.)

However, she’s still worried that when the moratorium ends, there won’t be enough attorneys ready to represent tenants in eviction cases and courts won’t have the tools to settle disputes without going to trial.

“We need to make sure that we set up the mediation support for landlords and tenants [and that] we hire those attorneys. A lot of that is not authorized until the state budget goes into effect July 1,” Macri said. Continue reading “Eviction Moratorium Set to Expire at End of Month, Putting Tenants Statewide at Risk”

State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim

1. Washington State Attorney General Bob Ferguson filed a motion Tuesday seeking to have a Douglas County judge throw out two lawsuits against the capital gains tax. Ferguson argues in his motion that the plaintiffs filed the suits for political reasons and don’t have grounds to sue because they don’t know yet if they’d be subject to the tax.

The capital gains tax bill (SB 5096) imposes a 7 percent tax on profits of $250,000 or more from the sale of intangible financial assets, such as stocks and bonds. The bill would go into effect in 2022, but the state would not collect taxes until January 2023. Roughly 7,000 Washington taxpayers would be subject to the tax, which would generate $415 million for the state in its first year.

Three days after the legislature passed the bill, the Freedom Foundation, a conservative think tank, challenged the law in court. Less than a month later, former attorney general Rob McKenna, along with the Washington Farm Bureau, filed a second lawsuit against the bill. Both suits were filed in conservative Douglas County.

The lawsuits say taxing capital gains is unconstitutional because capital gains are property, and all property must be taxed at a uniform rate in Washington because of a 1933 state Supreme Court decision.

However, Democrats have argued that the capital gains tax is an excise (sales) tax, not a property tax, because it is triggered by the sale of financial assets.

Ferguson argued that the plaintiffs have asked the court to settle a political dispute, rather than a legal one, noting that they “are suffering no legal harm from the tax they challenge and ask this Court to issue a purely advisory political opinion.” He also argued that the lawsuits are preemptive and speculative, since the plaintiffs don’t know whether they’ll even have to pay the tax when it goes into effect in 2023.

The state Supreme Court is also hearing arguments for a lawsuit against the state’s 2019 bank business and occupation tax (HB 2167), which was also filed by McKenna. Washington State Solicitor General Noah Purcell argued at the court on May 25 that state law prohibits lawsuits against taxes until they have gone into effect. If the court sides with Purcell, the lawsuits against the capital gains tax might have to wait until state residents actually pay the tax, which wouldn’t be until 2023 at the earliest.

State Sen. Jamie Pedersen (D-43, Seattle) said that if the court dismisses the lawsuits, it will only delay the inevitable: having the state Supreme Court reviewing the law. Democrats want the court to review the tax because they believe the court would overturn the previous ruling declaring income a form of property, which would blow the doors open for an income tax.

The next hearing for the cases is set for July 13 at 10am, with Douglas County Superior Court Judge Brian Huber presiding.

2. The future of the Seattle Police Department is front-and-center in the upcoming elections, but some members of Seattle’s Community Police Commission (CPC)—the branch of the city’s police oversight system tasked with gathering community input on police reforms—are wary of wading into electoral politics.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said.

During the CPC meeting Wednesday, CPC communications director Jesse Franz described plans that are already underway for a general election forum that the CPC plans to co-host alongside a community organization involved in criminal justice reform, such as Choose 180 or Community Passageways.

But some prominent members of the commission pushed back on the plan. Suzette Dickerson, who will represent the CPC during contract negotiations with the Seattle Police Officers Guild next year, argued that hosting a candidate forum was outside the scope of the CPC’s responsibilities. From her perspective, the commission’s role is to be a sounding board for Seattle residents’ opinions on reforms to SPD; “stepping into the political arena,” she argued, would undermine public trust in the commission.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said, adding that she isn’t confident that the CPC would allow community groups opposed to downsizing SPD to have a voice in the forum. “I think that we’re headed down a path to help social engineer the defunding the police department,” she said.

The commission’s current leaders, however, supported the idea. “To me, holding a candidate forum seems within the scope of ensuring that the community is informed about what accountability may or may not look like, in particular candidates minds,” said CPC co-chair LaRond Baker.

Though the CPC can’t endorse candidates, the commission is not a neutral player in the police oversight sphere: It recommends reforms to SPD and Seattle’s police oversight system. Recent CPC recommendations have included a ban on tear gas and removing limits on the number of civilian investigators in the Office of Police Accountability. The success of those recommendations depends on the support of the mayor, the council, and the police chief, which gives the CPC a clear stake in the outcome of the election.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.”

3. In a fundraising email Tuesday, the Compassion Seattle campaign, which is gathering signatures to get its charter amendment on homelessness on the November ballot, claimed that several of its paid signature gatherers have been attacked by people who oppose the initiative.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.” Continue reading “State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim”

Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences

Russell Harvey attends his resentencing hearing via Zoom on June 3, 2021.

By Paul Kiefer

At the end of an emotional hearing on Wednesday, Russell Harvey still looked nervous. The 60-year-old sat facing a webcam in an office at the Monroe Correctional Complex in Snohomish County—his beige uniform matching the empty wall behind him—as King County Superior Court Judge David Steiner signed the paperwork releasing Harvey after more than two decades in prison.

Just before Judge Steiner ended the hearing, Harvey leaned closer to the computer in front of him. “Thank you, Judge. I’m sure it was a tough decision.”

“It wasn’t,” Steiner replied.

Harvey is the second inmate in King County to be resentenced under a new Washington law that retroactively removes second-degree robbery from the list of offenses targeted by the state’s “three-strikes” statute, which imposes a life sentence without parole for so-called “persistent offenders.” In 1993, Washington became the first state in the country to adopt a three-strikes policy; at the time, the measure received broad bipartisan support.

But some Washington lawmakers are now trying to correct the long-term consequences of the “tough on crime” era, including by reconsidering the state’s harsh sentencing guidelines for nonviolent crimes. The bill that led to Harvey’s release, sponsored by Sen. Jeannie Darnielle (D-27, Tacoma), is only one element of the broader push to address excessive sentences, but for both incarcerated people and the King County Prosecutor’s Office, the new law is the culmination of more than a decade of advocacy.

“For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released. And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way.”—Carla Lee, King County Prosecutor’s Office

Twenty-four years ago, a King County Superior Court judge sentenced Harvey to life in prison after his third arrest for second-degree robbery, which—unlike other three-strikes offenses like rape and manslaughter—generally doesn’t involve a weapon or injury to another person. In the early years of his sentence, Harvey told the court, he repeatedly clashed with prison administrators and spent time in an “intensive management unit”—in other words, solitary confinement.

One of his trips to “the hole” brought him to breaking point, Harvey said. “I called my mom and I asked her what I should do,” he told the court in his opening remarks. “The disappointment in my mom’s voice—there’s no mistaking it. … She basically just hung up on me, right after she asked, ‘when are you going to learn?’ I didn’t want to be affecting people like that. That was when I hit rock bottom.” Harvey’s mental health suffered; according to his attorney, Susan Hacker, Harvey struggled through a series of “trials and errors” by prison medical staff who tried to prescribe him medication after diagnosing him with depression.

But in 2009, Harvey’s case caught the attention of the King County Prosecutor’s Office, which was assembling a list of inmates serving life sentences for three-strikes offenses involving at least one second-degree robbery with the goal of bringing their cases before Washington’s clemency board. That list grew to 45 names. Nearly two dozen received clemency, but Harvey was not among them.

Then, in 2020, the state legislature passed a law giving prosecutors the discretion to request resentencing for people whose original sentences no longer serve the “interest of justice.” In response, the King County Prosecutor’s Office created a sentence review unit and added Harvey’s name to a list of inmates eligible for re-sentencing. Largely because of COVID-19-related court delays, that resentencing effort also stalled, but Harvey received a third chance at release when the state legislature passed the new law that specifically affects inmates facing life in prison for three second-degree robberies.

Carla Lee, who leads the sentence review unit, told PubliCola that the newest resentencing law follows a model developed in King County since the prosecutor’s office first identified Harvey as a candidate for a reduced sentence. “For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released,” she said. “And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way. Our model has now been legislated, so other prosecutors now have to follow it.” Continue reading “Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences”

Durkan Says School District Should “Step Up” and Sweep Encampment, State Makes FEMA Funding for Hotel Shelters Easier

1. At a press conference on federal recovery funding last Thursday, Mayor Jenny Durkan was asked what she plans to do about the encampment on school district property near Broadview Thomson K-8, which PubliCola covered earlier this month.

Durkan spun the question on its head: Since the tents are on school district property, she said, it’s up to the school district to not only remove the encampment and store people’s tents and property but to “stand up their own process” similar to the city’s for doing outreach and connecting people to services, housing, and shelter.

“We’re working with them so that they can stand up their own process, and I hope that they are able to take that approach,” Durkan said. “I think that if they follow what we’ve been able to do in many places using city properties and city resources, that you can do very compassionate-based outreach and you can also move any encampment that has a particular public health or safety risk.

Staying on the other side of this invisible line has protected encampment residents from city-led sweeps, but it has also meant that the city has refused to help the people living there.

Durkan has refused to provide city assistance, outreach, trash cleanup, or other resources to the encampment on the grounds that it is on school district property, not the city’s.

The school district property is directly next to a Seattle Parks property where other people also live in tents. Staying on the other side of this invisible line has protected encampment residents from city-led sweeps, but it has also meant that the city has refused to help the people living there. The city’s HOPE team (formerly the Navigation Team) has exclusive access to a large percentage of the city’s limited number of enhanced shelter beds and hotel rooms, which they offer to residents of encampments the city is about to sweep.

The mayor noted, without using his name, that former Seattle Finance and Administrative Services director Fred Podesta—who helped establish the city’s rules for removing encampments—is now head of operations at the school district, and suggested that the district, as a “a billion-dollar organization with funds and resources,” ought to be able provide the same kind of services as the city and remove the encampment.

“The school district needs to step up, and we are there to help and assist them, but they cannot shirk their obligations and duties for school properties,” Durkan said. 

Of course, the purpose of the school district’s billion-dollar budget is to educate the city’s 54,000 public school students, not to pay for human services or encampment sweeps.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

2. In response to concerns from cities that the Federal Emergency Management Agency might fail to reimburse them for some of the costs of non-congregate shelters, such as hotels, that President Biden committed to fully fund as part of the federal response to COVID, state Rep. Nicole Macri (D-43, Seattle) added $10 million to the state’s supplemental budget to provide jurisdictions with an extra layer of assurance.

As we’ve reported, FEMA has committed to pay 100 percent of eligible costs for non-congregate shelters, including both facility costs and services involved in running the shelter itself. The city of Seattle has resisted seeking FEMA funding to stand up or pay for hotel-based shelters, arguing that no services are covered and suggesting that this form of federal funding is a risky proposition. Continue reading “Durkan Says School District Should “Step Up” and Sweep Encampment, State Makes FEMA Funding for Hotel Shelters Easier”

Domestic Violence Survivors Face Challenges Using Law to Prevent Abuse of Legal System

King County Courthouse (Flickr: Evan Didier)

By Paul Kiefer

When a Washington state law intended to prevent abusive partners from using courts to harass or manipulate domestic violence survivors went into effect in early January, Isabelle Latour was one of the first people to try to put the new law to work. In doing so, she illustrated how difficult it may be for the law to efficiently protect survivors from a tactic known as “abusive litigation.”

Over four years, multiple King County judges ruled on dozens of occasions that Latour’s ex-husband, a Seattle attorney, had used frivolous lawsuits, unfounded complaints about Latour and her attorney, a questionable bankruptcy claim and dozens of other motions filed across multiple courts to drag out their divorce and maintain a form of control over Latour. The endless stream of litigation forced Latour to spend countless hours and thousands of dollars battling her ex’s efforts to re-litigate their divorce.

“After surviving a lot of abuse, I got pulled onto Zoom call after Zoom call—it became like a second job,” she said. “It was a heavy cloud hanging over me. I wanted to move on with my life, but I had to keep revisiting my trauma.”

When state Sen. Christine Rolfes (D-23, Bainbridge Island) began drafting legislation targeting abusive litigation for the state legislature’s 2019-2020 session, Latour and other survivors provided input. A version of the legislation that passed in 2020 empowered judges to limit an abuser’s ability to file or continue litigation against their victim; it also required the abuser to pay the court and attorneys’ fees. A court can only impose those restrictions on someone who a court has previously found to have committed domestic violence, and the restrictions expire after four to six years.

But the law’s impact depends on survivors, who need to petition a judge to consider whether to impose restrictions on their abuser’s rights to file litigation.

Because of the fragmented nature of Washington’s superior court system, it’s difficult to know how many survivors have tried to use the law so far. Of the half-dozen attorneys who spoke with PubliCola, only Latour’s attorney—Karma Zaike—has represented a client who successfully petitioned a court to stop their abuser from filing new litigation.

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By the time the law went into effect on January 1, 2021, Latour believed that her motion to stop her ex-husband’s litigation would be an open-and-shut case. Zaike was so confident that a judge would approve Latour’s request that she tried to schedule a hearing on January 4.

Instead, Latour struggled to find a judge to hear her case; then, once she landed before King County Superior Court Judge Johana Bender, she endured four more hearings over Zoom. According to Latour and Zaike, the new hearings gave Latour’s ex additional opportunities to denounce his ex-wife and her attorney with allegations of dishonesty, and to argue that his lengthy history as a litigant was justified.

Latour’s ex-husband did not respond when PubliCola attempted to contact him.

Because restricting someone’s right to file litigation is a serious imposition by a court, judges like Bender often allow an accused abuser to argue their case at length before deciding whether to issue an anti-abusive litigation order. “A lot of abusers are very persistent—they won’t give up easily,” said Antoinette Bonsignore, an attorney who volunteers with Seattle-based women’s rights group Legal Voice who has advocated for protections against abusive litigation.

Continue reading “Domestic Violence Survivors Face Challenges Using Law to Prevent Abuse of Legal System”

Advocates Say It’s Time to Ditch the Old Transportation Funding Process

Anna Zivarts, Disability Rights Washington

by Leo Brine

Transportation advocates were actually pleased when lawmakers ended the most recent legislative session without passing a new transportation package.

After the transportation committees released their proposed revenue packages late in the session, transportation accessibility groups and environmentalists were disappointed by the outdated investment priorities. Wanting a more equitable transportation package, advocates repeated a line of critique they’ve been making for years: The state needs to find new transportation revenue sources and free up revenue that is otherwise restricted to highway spending.

However, and perhaps because their recommendations have gone unheeded for a decade, a new, more sweeping critique emerged in 2021: It’s time to dump the whole politicized “transportation package” model and create a new framework that assesses and prioritizes the state’s actual transportation needs.

Anna Zivarts, Director of the Disability Mobility Initiative for Disability Rights Washington, said the current system is a “pork model,” where legislators pick projects for their districts rather than investing in projects that make the whole state transportation system function better.

“A transportation system has to work across the state,” she said. “If you have everyone competing, that’s not going to create the best system overall.”

Advocates say lawmakers have too much power over which projects get funded and have political incentivizes to fund major highway expansion projects rather than expand transit services or improve pedestrian infrastructure. Featuring friction over projects, funding, regionalism, mode split, and maintenance versus new construction, the legislative ritual, akin to passing a kidney stone, played out in 2003, 2005, and 2015.

A new, more sweeping critique emerged in 2021: It’s time to dump the whole politicized “transportation package” model and create a new framework that assesses and prioritizes the state’s actual transportation needs.

In April, during the last weeks of the session, the House and Senate transportation committee chairs, Rep. Jake Fey (D-27, Tacoma) and Sen. Steve Hobbs (D-44, Lake Stevens), shared their transportation revenue proposals. The House proposal would have spent $22 billion over 16 years, earmarking the majority of the dollars for highway projects, with about 20 percent going to multimodal projects. The Senate’s proposal would have spent $18 billion over the same period, with less than 10 percent going to multimodal projects.

Leah Missik, transportation policy manager for Climate Solutions, said lawmakers’ proposed investments in multimodal projects were a major step up from previous packages, but “continuously investing in road expansions is certainly not the way we want to go.”

In order to fix the state’s transportation system, Paulo Nunes-Ueno of Front and Centered, a BIPOC environmental group, said, “this package process needs to go.”  Transportation packages never meet people’s needs and are a hodgepodge of project ideas from legislators, he said. Instead, Nunes-Ueno says lawmakers should establish climate, infrastructure, and safety goals, and allocate funding to state and local agencies that would decide how to allocate funding on projects.

Hester Serebrin, policy director for the Transportation Choices Coalition, said politics play too great a role when lawmakers craft transportation packages. She said lawmakers are more likely to invest in large projects, like highway expansions or major road repairs, because they garner more attention than smaller multimodal projects. “This process doesn’t incentivize … projects that help people travel between places,” Serebrin said. “Instead it incentivizes larger, geographically isolated projects.”

Other advocates agree that politics should play less of a role in the state’s transportation system. Vlad Gutman, Climate Solutions’ Washington director, like Nunes-Ueno, wants legislators to devise a set of goals and values for Washington’s transportation infrastructure and allocate funding to state agencies who can come up with projects and programs to accomplish the goals.

In order to fix the state’s transportation system, Paulo Nunes-Ueno said, “this package process needs to go.”  Instead, Nunes-Ueno wants lawmakers to set climate, infrastructure, and safety goals and allocate funding to state and local agencies.

“We need to be selecting projects and investing and designing our transportation system in a sort of objective, metric-based way that also recognizes and inputs the needs of communities and people who are impacted and stakeholders of transportation,” he said.

To do so, he argued, the Washington State Department of Transportation (WSDOT) should study the needs of the state and select projects based on those needs, “instead of [lawmakers] sort of piecemealing it by selecting projects one at a time,” Gutman said.

This participatory approach to transportation planning doesn’t make sense to Senate Transportation Chair Hobbs. “We’re in a democracy and legislators have a right to say how their districts should be supported by government,” he said.

Continue reading “Advocates Say It’s Time to Ditch the Old Transportation Funding Process”

Inslee Issues Pro-Housing Partial Veto; Another Avoidable Outbreak Preempts Planned Sweep; Affordable Housing Data Supports Single-Family Upzones

1. An important follow-up story to our Olympia coverage: On Thursday, Governor Jay Inslee vetoed several sections of a supposedly pro-accessory dwelling unit bill that ADU advocates convinced him failed the smell test. A pro-affordable housing coalition starring the AARP, Sightline, the Sierra Club, and the Washington State Labor Council, initially supporters of the legislation, wrote Inslee a letter after the session ended telling him the bill would actually end up being detrimental to the pro-housing movement.

PubliCola wrote about this bill all session, noting that housing development antagonist State Rep. Gerry Pollet (D-46, Seattle), the House Local Government Committee chair, derailed the bill with, among other objections, odd complaints about “profit tourism” (a scary-sounding, but frankly meaningless epithet).

State Sen. Marko Liias (D-32, Edmonds) originally passed the bill on the Senate side, but by the time it came back from the House, thanks to Rep. Pollet and Rep. Sharon Shewmake (D-42, Bellingham), the legislation was watered down to the point that the affordable housing advocates felt compelled to send their letter urging Inslee to veto major portions of the bill, including provisions that gave cities veto power over ADU mandates.

Inslee’s message was clear: Let’s actually do something to create more affordable housing stock.

Now that the governor has weighed in, I’ll be working to pass an even stronger bill in 2022.

After Inslee’s partial veto, Liias told PubliCola:

“We need more housing options. Renters and homeowners both benefit from ADUs. I was disappointed in the House amendments. Now that the governor has weighed in, I’ll be working to pass an even stronger bill in 2022.”

A key piece of Liias’ bill did survive Inslee’s pen, a section that prohibits local rules barring non-related people (such as roommates) from sharing housing.

2. A new outbreak of an unspecified gastrointestinal illness temporarily halted a planned sweep at a homeless encampment near White Center this week, after King County Public Health recommended strongly against uprooting people with severe symptoms such as diarrhea and vomiting.

The Centers for Disease Control has recommended that cities refrain from sweeping encampments during the pandemic, because redistributing large numbers of people throughout cities causes an obvious risk of community transmission. But the city has begun ramping up sweeps of homeless encampments in recent months anyway, citing the need to keep parks and playfields safe and clear for kids going back to school, among other justifications.

“In general, we recommend taking into account potential communicable disease risks if there is a plan to move an encampment where there is either an active disease investigation or an active outbreak.”—King County Public Health

A spokeswoman for the public health department, Kate Cole, said the county is trying to figure out what pathogen is making people at the encampment sick. There have been several reported outbreaks of shigella among homeless people in the last year; the disease spreads rapidly when people lack access to sinks with soap and running water, which the city, under Mayor Jenny Durkan, has been reluctant to provide.

“In general, we recommend taking into account potential communicable disease risks if there is a plan to move an encampment where there is either an active disease investigation or an active outbreak,” Cole said. “We understand there are many health and safety factors that play into the City’s decisions about moving encampments and we maintain regular coordination with the City to address these complicated situations.”

The city identifies a list of “priority” encampments each week and directs outreach providers to offer shelter to people living at these sites before removing them. In addition the the White Center encampment, the city just placed encampments in Ballard and on Capitol Hill on its priority list.

3. We’ve got some more data to help put the city’s recent Mandatory Housing Affordability report in context. Last week, you’ll remember, we added some initial context to the report: Based on the total affordable housing dollars generated by development in the 6 percent sliver of the city’s single family zones that the council upzoned in 2019, it appeared that those areas were producing more funds for affordable housing than expected. Continue reading “Inslee Issues Pro-Housing Partial Veto; Another Avoidable Outbreak Preempts Planned Sweep; Affordable Housing Data Supports Single-Family Upzones”