RALJ 9.3 - Costs
Comments for RALJ 9.3 must be received no later than April 30, 2018.
GR 9 Cover Sheet
Suggested Changes to RALJ 9.3
(A) Name of Proponent: Washington Defender Association
(B) Spokesperson: Magda Baker, Misdemeanor Resource Attorney, Washington Defender Association
(C) Purpose: The Washington Defender Association suggests changes to RALJ 9.3 that would require a superior court judge who decides a criminal RALJ appeal to consider the defendant’s current or likely future ability to pay before imposing costs of appeal. The proposed language is similar to language the Washington Supreme Court added to RAP 14.2 effective January 31, 2017, and would give indigent people convicted of misdemeanors the same ability to appeal their convictions without having to weigh financial considerations that people convicted of felonies currently have. It would also increase uniformity between the RALJs and the RAPs.
The Washington Supreme Court has recognized problems with legal financial obligations (LFOs) when courts impose them on indigent people. These problems include increased difficulty becoming a productive member of society after a conviction, questionable recoupment of money by the government, and unequal administration of LFOs. See State v. Blazina, 182 Wn.2d 827, 836-37, 344 P.3d 680 (2015). These obstacles apply to misdemeanors as well as felonies. Changing RALJ 9.3 to more closely mirror RAP 14.2 would decrease the LFOs courts must impose on indigent misdemeanants.
(D) Hearing: None recommended.
(E) Expedited Consideration: Expedited consideration is not requested.
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