Washington Courts: Press Release Detail

Snohomish County: Blake Relief Day for Unconstitutional Drug Possession Convictions To Be Held October 4th

Individuals with Washington State Blake-related drug possession convictions can apply for financial and record-clearing relief at the first Blake Drug Possession Relief Day at the Snohomish County Courthouse on October 4, 2024. 

A collaboration of judicial organizations, local courts, public defenders, prosecutors, judges, impacted individuals, advocacy groups and support agencies will be available from 1-4 p.m. to help members of the public determine if their former drug possession convictions qualify for relief under the State v. Blake Washington Supreme Court ruling. If an individual has qualifying convictions, the legal aid groups present will manage the vacate and refund process on their behalf in an effort to create a timely, efficient, direct path to constitutional relief.

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 (LFOs) 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+ felony drug possession charges dating back to the 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.”

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 $3.1M.

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. This pilot effort, held in Snohomish County, will provide Blake assistance to those with past drug possession convictions in Snohomish, Skagit, and Island Counties, and serve as a model for other counties to follow. 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. One such assistance event, an LFO Reconsideration Day by Pierce County, eliminated $5.3 million of legal financial obligations, improved perceptions of the criminal legal system for 89.7% of participants and reduced stress/anxiety among 84.0% of participants. In recognition of the impact of this model, the Washington State Board for Judicial Administration awarded mass assistance day government and non-profit partners the 2022 Innovating Justice Award. These past efforts will serve as a guiding model for the Blake Drug Possession Relief Day on October 4.

“The NAACP Snohomish County believes in the vital importance of second chances, and we applaud this program for giving people an opportunity to rebuild their lives and contribute to their communities in positive ways.”

Members of the public who think they have a Blake-eligible conviction are invited to register at https://blakereliefday.eventbrite.com to attend the free event at the Snohomish County Courthouse, 3000 Rockefeller Avenue, Everett, WA 98201, from 1-4 p.m. on October 4, 2024. Registering in advance will allow the legal aid groups to find qualifying cases in anticipation of the event, and help to expedite relief efforts on the event day. For those unable to attend in person, the site provides comprehensive resources and help lines, and lists area-specific legal aid contacts for those with convictions in counties other than Snohomish.

The Blake Drug Possession Relief Day is presented in collaboration with: Snohomish County Legal Services; Snohomish County Public Defender Association; Snohomish County Prosecuting Attorney’s Office; Snohomish County District Courts; Snohomish County Superior Courts; Civil Survival; Communities of Color Coalition; Latino Educational Training Institute (LETI); Living with Conviction; NAACP-Snohomish County; Sno-Isle Library System; Tulalip Tribes; Volunteers of America Western Washington; WA State Office of Public Defense; WA State Administrative Office of the Courts

The Administrative Office of the Courts (AOC) was established by state lawmakers in 1957 to provide support for Washington's non-unified courts through a wide range of services to promote the efficient administration of justice. AOC operates under the direction of the Chief Justice of the Supreme Court, and management from the State Court Administrator. 

MEDIA CONTACT: 
Robin Zimmermann, Blake External Relations Liaison, Robin.Zimmermann@courts.wa.gov