Millions in reimbursement heading to people convicted in law deemed unconstitutional

SEATTLE - The state of Washington is preparing to pay out millions of dollars to men and women in connection with past drug convictions.

In a move, thought to be the first of its kind, the Administrative Office of the Courts is preparing to launch what’s known as the Blake Refund Bureau.

"This is setting a precedent," said Robin Zimmermann, the Administrative Office of the Courts Senior Communications Officer. "There aren’t any other related cases of a state issuing hundreds of thousands, of vacations and refunds at one time."

In February, 2021, the Washington Supreme Court ruled that the state’s drug possession law was unconstitutional – voiding the long-standing law.

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The move created a wide-ranging set of outcomes: it’s estimated that more than 200,000 felony drug possession charges dating back to 1970s were eligible to be vacated – this included people serving time behind bars, and those who were already free. Tens of thousands of misdemeanor marijuana charges were eligible to be vacated, as well.

All in all, roughly 300,000 convictions are estimated to be linked to this new refund bureau. It’s not known how many individuals will be affected, since some individuals faced multiple convictions – and the decision stretches back so far it’s undetermined how many people are still alive.

The refund portion of the Blake-decision has garnered less attention in the two years immediately following the decision.

The legislature had to move quickly to find a stop-gap law to criminalize drugs. A long-term solution proved harder to iron out – the 2023 legislative session wrapped up before lawmakers could strike a deal on a new law, causing a special session where a replacement law was finally passed.

There was also immediate concerns for people serving jail time for convictions that were voided by the decision.

Still, the refund aspect is a rather large component given how many people are likely to be affected. Over the course of five decades millions of dollars in legal financial obligations (LFOs) were collected – now that money is owed to those individuals. Those fees can now be reimbursed to those who are eligible and apply, no interest will be factored in.

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According to the Administrative Office of the Courts, roughly $8 million has already been paid out through municipal district, and superior courts – it’s believed that millions more will be paid out in the coming years, hence the need for a specialized bureau that will oversee the operation of returning the money.

"The intent is to have a process that is easy to navigate and will provide for a timely response for individuals to receive their refunds," said Sharon Swanson, the Blake Implementation Manager for the Administrative Office of the Courts.

The legislature has earmarked $47 million for operations, and another $50 million for refunds that can be paid out to individuals tied to the Blake-decision.

Individuals will be able to navigate an online portal, which will allow them to search for their cases by name, or case number.

Those attempting to recoup a refund from a previously paid legal financial obligation linked to the Blake decision must first get their charge vacated.

Some courts have already begun pro-actively vacating charges, while other past convictions still need to work their way through the court system. Of the estimated 300,000 convictions tied to the Blake-decision, an estimated 60,000 have already been vacated.

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The refund bureau will include resources to guide individuals in clearing their convictions – or seeking legal help – to ensure individuals vacate charges, which will make them eligible for refunds.

"The Administrative Office of the Courts is dedicated to working with our justice partners to help inform the vast and diverse Blake-impact population across Washington State about the potentially life-changing relief opportunities now available to them – collectively working to foster fresh starts and make people whole again," said Washington State Court Administrator Dawn Marie Rubio.

For more information on how to get a drug conviction tied to the Blake-decision off your record, the Office of Public Defense has a website State v. Blake (wa.gov) with resources and information.

The OPD’s Blake team can be reached by phone at (360) 586-3164 extension 218.