Court decision comes with hefty price tag, officials say

ASOTIN — The fallout from a Washington State Supreme Court decision on decriminalizing some drug possession cases will have a “staggering effect” on local government budgets, Asotin County officials said Monday.

Known as the “Blake decision,” the Supreme Court ruled in February that the state’s strict liability drug possession statute for unintentional, unknowing possession of controlled substances without a prescription was unconstitutional.

Commissioner Brian Shinn said the decision means past possession convictions can be overturned, people who got more time in prison because of those type of drug charges can be resentenced, and potentially millions in fines and fees may be reimbursed.

The state legislature and some local governments are considering next steps to somehow offset the massive financial blow, Shinn said during Monday’s regular commission meeting. The decision is retroactive back to 1971 and could carry a multimillion-dollar price tag and tie up courts across the state.

“Everyone is furious about the Blake decision,” Shinn said. “We are joining a group of counties to see what we can do to increase our voice on this.”

Counties also are considering taking legal action against the state for underfunding mandated indigent defense, Commissioner Chris Seubert said. The constitution requires proper representation for people who cannot afford an attorney, but the state only covers about 10 percent of the cost.

A lawsuit will likely be filed in July, Seubert said, predicting it “will be a long battle.”

In other county business:

Based on recommendations from the Asotin County Planning Commission, the board approved a conditional-use permit for Lorraine Callahan, 1900 Valleyview Drive, to operate a small bed and breakfast at her residence.

A conditional-use permit for Jeremy Walkup, 2038 Andreasen Drive, was denied. Walkup wanted to have commercial storage units on his property in the residential neighborhood, but the advisory panel said it wasn’t a good fit for the area.

The board gave preliminary approval to Erik and Lisa Adams to develop lots on the 2400 block of Marina Drive in Clarkston. As part of the plan, they will make improvements to the road accessing seven lots on 3.44 acres, said Karst Riggers, county planner.

Commissioner Chuck Whitman said plans for the new Asotin County Justice Complex will be sent to a state review committee for help in seeking qualified bidders for the specialized construction job. The Capital Projects Advisory Review Board is a good program that will save money, Whitman said. An application will be sent to a review committee for project approval later this month.

Asotin County will once again be handling city of Asotin municipal cases in District Court, as of June 1. The commissioners approved an agreement between the city and county to provide prosecutorial services for $800 a month.

Sheriff John Hilderbrand was given authority to fill a vacant corrections officer position at the Asotin County Jail. Hilderbrand said a recent hire worked three days at the jail and decided it wasn’t the job for him.

Sandaine may be contacted at kerris@lmtribune.com. Follow her on Twitter @newsfromkerri.