CIVIL SURVIVAL PROJECT v. STATE

No. 84015-1-I.

520 P.3d 1066 (2022)

The CIVIL SURVIVAL PROJECT, individually and on behalf of its Members and Clients, and Irene Slagle, Christina Zawaideh, Julia Reardon, Adam Kravitz, Laura Yarbrough, and Deighton Boyce, individually and on behalf of the Proposed Plaintiff Class, Appellants, v. STATE of Washington, individually, and King County and Snohomish County, individually and on behalf of the Proposed Defendant Class, Respondents, Adams County, Asotin County, Benton County, Chelan County, Clallam County, Clark County, Columbia County, Cowlitz County, Douglas County, Ferry County, Franklin County, Garfield County, Grant County, Grays Harbor County, Island County, Jefferson County, Kitsap County, Kittitas County, Klickitat County, Lewis County, Lincoln County, Mason County, Okanogan County, Pacific County, Pend Oreille County, Pierce County, San Juan County, Skagit County, Skamania County, Spokane County, Stevens County, Thurston County, Wahkiakum County, Walla Walla County, Whatcom County, Whitman County, and Yakima County, individually and as putative Defendant Class Members, Defendants.

Court of Appeals of Washington, Division 1.

Filed November 28, 2022.


Attorney(s) appearing for the Case

Michael Craig Subit , Frank Freed Subit & Thomas LLP, 705 2nd Ave. Ste. 1200, Seattle, WA, 98104-1798, Lisa Daugaard , Prachi Vipinchandra Esq Dave , Public Defender Association, 110 Prefontaine Pl S Ste. 502, Seattle, WA, 98104-2626, Adam Klein , Christopher Mcnerney , 685 Third Avenue, 25th Floor, New York, NY, 10017, Moire Heiges-Hoepfert , One California Street, 12th Floor, San Francisco, CA, 94111, Hannah Cole-Chu , Outten Golden, 600 Massachusetts Avenue Nw, Suite 200w, Washington, DC, 20003, for Appellants.

Paul Michael Crisalli , Washington Attorney General's Office, 800 Fifth Ave. Ste. 2000, Seattle, WA, 98104-3188, David J. Hackett , King County PAO Civil Division, 516 3rd Ave. Ste. W554, Seattle, WA, 98104-2362, Timothy George Leyh , Randall Thor Thomsen , Harrigan Leyh Farmer & Thomsen LLP, 999 3rd Ave. Ste. 4400, Seattle, WA, 98104-4017, Bridget Elizabeth Casey , Snohomish County Prosecutor's Office, 3000 Rockefeller Ave., Everett, WA, 98201-4046, for Respondents.

John Ballif Midgley , ACLU of Washington Foundation, Nancy Lynn Talner , ACLU-WA, P.O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae ACLU of Washington.

Robert S. Chang , Seattle University School of Law, 901 12th Ave., Seattle, WA, 98122-4411, Jessica Levin , Melissa R. Lee , Seattle University School of Law, 901 12th Ave., Korematsu Center For Law & Equality, Seattle, WA, 98122-4411, for Amicus Curiae Fred T. Korematsu Center for Law and Equality.

La Rond Baker , American Civil Liberties Union of Washin., P.O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae King County Department of Public Defense.

Alexandria Marie Hohman , The Washington Defender Association, 110 Prefontaine Pl S Ste. 610, Seattle, WA, 98104-2626, for Amicus Curiae Washington Defender Association.

Jonathan Nomamiukor Jr. , Columbia Legal Services, 101 Yesler Way Ste. 300, Seattle, WA, 98104-2528, for Amicus Curiae Lawyers' Committee for Civil Rights Under Law.


PUBLISHED OPINION

¶ 1 The Civil Survival Project, on behalf of its members, and the named plaintiffs, on behalf of themselves and a putative class, sued Washington State and King and Snohomish Counties. They sought the return and cancellation of legal financial obligations arising from convictions rendered retroactively...

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