Resolution to Stop the Collection of Time-Barred Legal Financial Obligations

Adopted on August 17, 2022 by the KCBA Board of Trustees

WHEREAS, when a defendant is convicted of a crime in Washington, the court may impose legal financial obligations (LFOs) as part of the judgment and sentence. Washington’s system of LFOs is complicated and extensive, with more than 155 separate and distinct court fines and fees that can be imposed. Some LFOs are mandatory and must be imposed regardless of the defendant’s ability to pay.

WHEREAS, the imposition of LFOs falls primarily on poor people inasmuch as a substantial majority of persons charged with criminal offenses in Washington qualify for indigent defense. Few defendants have the ability to pay their LFOs and the vast majority are never collected.

WHEREAS, unpaid and unpayable LFOs create significant hardships and obstacles to reentry and reintegration into society by making it more difficult to get hired, find stable housing, obtain federal benefits, and obtain credit. Unpaid LFOs also prevent people from vacating their convictions long after they would otherwise have been eligible to get a fresh start. These impacts are contrary to the Legislature’s goal of reducing recidivism by facilitating the successful reintegration of Washington State residents with convictions. These impacts fall disproportionately on communities of color and those least able to afford them.

WHEREAS, a growing bipartisan consensus has emerged that LFOs are often unfair, unjust, and criminalize poverty.

WHEREAS, most LFOs eventually become time-barred and cannot be collected after 10 years, or 20 years if the judgment is extended for defendants who are not indigent or will likely have the ability to pay in the future. There is no time bar, however, for restitution if the offense was committed after July 1, 2000. The current law is confusing because some LFOs expire after 10 years, others 20 years, and some never expire.

WHEREAS, vacation of a felony conviction requires a defendant to first obtain a Certificate of Discharge based on proof that all sentencing obligations have been completed. The official court-approved form motion requires verification from the Superior Court Clerk’s Office that no LFOs are owed.

WHEREAS, the Washington Supreme Court unanimously held that under RCW 9.94A.760(5), defendants are entitled to a Certificate of Discharge if their unpaid LFOs are time-barred. State v. Gossage, 165 Wash.2d 1, 195 P.3d 525 (Wash. 2008).

WHEREAS, the King County Superior Court Clerk’s Office will not sign the verification that nothing is owed even when the LFO is time-barred. The Clerk’s Office also continues to collect time-barred LFOs.

WHEREAS, these policies and practices (1) are contrary to Washington law, including Gossage, (2) create an unfair and burdensome dilemma for defendants who must either pay their time-barred LFOs or try to persuade the trial court to grant an Order of Discharge despite the clerk’s refusal to verify that nothing is owed, and (3) take unfair advantage of defendants who do not know their rights and do not have an attorney.

WHEREAS, policies and practices to collect time-barred LFOs from defendants who no longer owe them and cannot afford to pay them is contrary to the King County Bar Association’s mission of promoting a just and accessible legal system and working with the judiciary to achieve excellence in the administration of justice, as reflected by a session of the 2015 KCBA Bench-Bar Conference about LFO abuses and a 2016 resolution adopted by the KCBA Board of Trustees in support of LFO reform.

NOW THEREFORE, the King County Bar Association supports the following changes to achieve these goals:

1. Court clerks should not enforce or collect time-barred LFOs.
2. Time-barred LFOs should be taken off the accounting records of the clerk’s office so that when an LFO becomes time barred, the unpaid balance is written off and the amount owed becomes zero.
3. When asked whether a defendant has any unpaid LFOs, court clerks will explain that the current balance does not include any LFOs that are time-barred, as they have been written off and are no longer owed.
4. The official court-approved form motion for a Certificate of Discharge should be revised so that time-barred LFOs will not be included in the clerk’s confirmation of the amounts still unpaid and owed.
5. All LFOs should be subject to a statute of limitations regardless when the crime took place.
6. The King County Bar Association supports making these changes in all Washington courts.