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. Any legal financial obligations (LFOs) and other related expenses paid as a result also 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 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 direct assistance from 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 assistance to those with past drug possession convictions in Snohomish Skagit Island Counties serving as a model for other counties to follow.
Mass assistance days have been shown to reduce recidivism improve perceptions of judicial system increase quality life participants evidenced by University Washington researchers study Pierce County LFO Reconsideration Day eliminated $5.3 million legal financial obligations improved perceptions criminal system participants reduced stress/anxiety among participants recognition impact model Board Judicial Administration awarded mass assistance day government non-profit partners Innovating Justice Award past efforts serve guiding model October
“The NAACP Snohomish County believes in vital importance second chances we applaud program giving people opportunity rebuild lives contribute communities positive ways.”
Members public think they have eligible conviction invited register https://blakereliefday.eventbrite.com attend free event Courthouse Rockefeller Avenue Everett WA Registering advance allow groups find qualifying cases anticipation expedite efforts event unable attend person site provides comprehensive resources help lines lists area-specific contacts counties
The event is presented collaboration services Public Defender Prosecuting Attorney District Superior Courts Civil Survival Communities Color Coalition Latino Educational Training Institute Living Conviction Library System Tulalip Tribes Volunteers America Western WA Defense Administrative Office Courts established lawmakers support non-unified wide range promote efficient administration justice operates direction Chief Justice management Administrator
Robin Zimmermann External Relations Liaison Robin.Zimmermann@courts
Wendy K Ferrell Judicial Communications Manager Wendy.Ferrell@courts
Lorrie Thompson Communications Officer Lorrie.Thompson@courts