Warrant Resolution Work Group

August 10, 2000

Members Present: Judge Vance Peterson, Judge Robert McBeth, Judge Carol McRae, Debbie Wilke, Dick Van Wagenen, Kathy Knox, Sue Carlson, Gary McGuire, Tony Susinski, Mike Shaw, Tanda Schwamberg, Howard Delaney, Ron O'Gwin, Jim Thatcher, Joel Quay

Doug Haake-OAC Staff

Call to Order
Judge Peterson called the meeting to order and introduced those who had not previously attended.

Minutes
The July 6 Minutes were adopted without changes.

Future meetings of the workgroup were discussed. It is anticipated the workgroup will wrap up as much as possible by September 8. The meeting currently scheduled for September 28 is cancelled. If there is any need for an additional meeting, arrangements will be made.

Timing and format of the workgroup's final report were discussed. Doug proposed that he would write summaries of topic areas discussed but wants the groups working on topics to provide a work product (i.e.: draft legislation, description of Spokane's Restorative Justice program) for inclusion as appendices. Doug asked that documents be provided by August 28.

Reports

The committee expressed some concerns about acceptance of guilty pleas without access to police reports and without the issuing jurisdiction's prosecutor and public defender, if appointed, being involved. Judge McBeth seemed to feel the defendant could provide sufficient factual basis to support a plea and that if a defendant wanted to plead guilty, the absence of the defendant's attorney was not an impediment. He did indicate he intends to appoint a local public defender in any case that involves a guilty plea.

Judge Mcbeth indicated that he does not see the draft the committee reviewed as final and he solicited comments. Any comments can be sent to Judge McBeth at robert.mcbeth@metrokc.gov.

Community License Reinstatement. This program is in effect in Spokane, at the county and city level. Other counties around Spokane are participating on various levels. The cities of Lewiston and Clarkston, in Asotin County and Nez Perce County, (Idaho), have also expressed an interest.

Statewide Collections. The group working on this concept has determined that moving to a fully centralized payment system may not be politically or practically doable at this time. This is still a goal that is worthy of further study.

As a preliminary step toward central payment, it is being suggested that delinquent accounts be sent to a central collection point and that cross jurisdictional ability to accept payments be pursued at this time. The subcommittee is considering recommending the OAC modify DISCIS to allow for universal cashiering. A convenience fee attached to payments made at other courts for the ability to make payments there was also discussed.

It was noted that the concepts of central payment or universal cashiering are compatible with and may be necessary to effective working of Restorative Justice or the warrant pilot.

There was some discussion about the use of warrants and license suspensions to enforce debts. The committee was not comfortable with a broad statement opposing this in all situations but there was some sentiment that it may be inappropriate in some situation. Judge Peterson and Joel Quay will work on this concept.

Prisoner Transport. A group, of primarily law enforcement people, many of whom are not on the workgroup met to discuss the current state of prisoner transport in Washington. There is an informal transport that the group felt is effective but that does not meet all transport needs. Some counties and most cities are not involved. Larger counties seem to be supporting the system out of proportion to their use of the system. It is the intent of this subcommittee to conduct a statewide survey of the systems effectiveness and disseminate information about the system to potential users.

The workgroup indicated appreciation for the information but felt that further discussion or study was outside the workgroup's purview.

Decriminalization. Draft legislation was presented to the workgroup that would create a DWLS IV infraction. The proposal was modeled loosely on the No Valid Operator's License scheme. A driver would be given a number of chances to resolve their licensing issues before their continuing to drive would become a misdemeanor. Penalties would be kept low with a built in incentive to secure a valid license. With a few minor changes it was felt this proposal is one the committee will pass on to the BJA.

Law enforcement loss of their ability to search incident to arrest should this be decriminalized was discussed. It was noted that impound would still be possible and an inventory search would accompany that. It was acknowledged that law enforcement would lose their ability to pat the person down absent reasonable suspicion or probable cause that some other crime had been committed.

Meeting Schedule

Other Business

Adjournment