Washington state’s reimbursement program for court-ordered fines or costs paid in connection with drug possession convictions, found to be unconstitutional by the state Supreme Court in State v. Blake, is coming to Aberdeen.
“We’ve been doing community outreach in various locations across the state,” said Robin Zimmermann, the outreach lead for Washington Courts’ Blake Refund Bureau. “We recently had a pop-up at The Moore Wright Group (in Aberdeen), which was a huge success, and they’ve invited us back once a month.”
The next outreach will be on Friday, Feb. 21 from 9 a.m. to 2 p.m. at The Moore Wright Group, located at 1401 Simpson Ave.
“I’d love to get exposure for this effort and raise awareness for those in the community … who may be impacted by the unconstitutional past drug law and entitled to financial and record-clearing relief,” she said.
Zimmermann and the Blake Refund Bureau did a first on-site presentation at The Moore Wright Group last month.
“We said ‘Let’s just show up and hang out for the day,’” Zimmermann said, adding that the former “Mayor” of the tent city under the Chehalis River Bridge was at the session and started dialing up those he believed could benefit.
“We had people waiting,” Zimmermann said. “It was non-stop, we didn’t even take a lunch break. One girl showed up and found out she had $500 coming back to her.”
Individuals with Washington State Blake-related drug possession convictions can apply for financial and record-clearing relief at the event in Aberdeen.
Marina Richardson, AOC Blake Implementation Analyst and former Grays Harbor Lead Therapeutic Court Case Manager, was at The Moore Wright Group relief and awareness session back on Jan. 24.
“I want to express that this type of outreach is fueled by the energy of the recovery community,” she said. “The peer support folks who are reaching out to their people and bringing them in for assistance — that’s the essence of recovery. I’m proud of the peer support folks that I have known from Drug Court for their participation in this; it shows just how strong the ecosystem of peer support and recovery can be.”
She said people in the “system” often don’t get to experience a win.
“Having a charge vacated has the possibility of a positive impact on all kinds of things such as housing, background checks, volunteering, employment and so much more. It’s an even bigger bonus if they receive a refund of any kind,” Richardson said.
In 2021, the Washington State Supreme Court found the legal statutes that criminalized drug possession were unconstitutional and void because they did not require intent, or knowledge of possession — a due process violation of both state and federal constitutions. As a result of this decision, known as State v. Blake, any Blake-related convictions qualify to be vacated and removed from one’s criminal record, and any legal financial obligations and other related expenses paid as a result qualify for financial reimbursement.
The legislature earmarked $47 million for legal aid efforts, including possession charge vacations and sentencing adjustments. The State v Blake ruling impacts an estimated 200,000-plus felony drug possession charges dating back to 1971 and an estimated additional 150,000 misdemeanor marijuana charges are vacate-eligible.
Since the 2021 ruling, legal aid and outreach efforts have been building. Over half of the cases across Washington state eligible for resentencing have now been completed. Since 2021, Civil Survival has assisted clients in vacating Blake convictions in 40 courts across Washington. During that same period, Living with Conviction’s team of Blake-impacted individuals helped another 850 navigate the vacate and refund process, without the direct assistance of an attorney.
Hong Giap was one such person whose Blake conviction was vacated and a refund issued.
“I feel so good because it’s like a weight off my shoulder where I can get back to my normal life,” Giap said.
An additional $51 million was allocated for the refund of any qualifying legal financial obligations (fines or fees) and other expenses paid in connection with the conviction via the centralized Blake Refund Bureau, Washington state’s official online Blake-related reimbursement center, launched in July 2023 by the Administrative Office of the Courts. As of August, 2024, total refunds paid out by the Bureau reached $3.1 million.
This is an unprecedented effort, with no related instances of a state issuing hundreds of thousands of vacations and refunds at one time.
To build awareness of the relief now available to qualifying Washingtonians, and streamline the process for individuals, the Blake Drug Possession Relief Day will offer help to individuals in specific regions across Washington state. With a non-unified court system in Washington state, relief must be applied for in the county and local court of the individual’s conviction.
Mass assistance days have been shown to reduce recidivism, improve perceptions of the judicial system, and increase quality of life for participants, as evidenced in a 2022 study by University of Washington researchers.