Legal financial obligations reform
Background
Legal financial obligations (LFO) reform in Washington state is a concerted and collaborative effort involving diverse stakeholders. It seeks to reduce the disproportionate financial burden on low-income individuals while ensuring adequate funding for victim services and court operations.
Washington's work reflects many of the CCJ/COSCA Fines, Fees, and Pretrial Practices 2.0 Task Force principles.
Stakeholder involvement
Recognizing the need for a collaborative approach, the Washington State Supreme Court's Minority and Justice Commission assembled an LFO Stakeholder Consortium in 2017. This group included judges, crime victim advocates, prosecutors, criminal defense attorneys, civil legal aid attorneys, and many others in the community working together to address challenges and drive meaningful reform.
This early investment in coalition building continues to pay dividends years later as we work toward LFO reform.
Principles: 1.1. Purpose of Courts & 1.4. Access to Courts
Data collection & infrastructure
Washington lacks a unified court system, making it difficult to gather LFO data from state and local courts. To collect data for law and policymakers, Washington leveraged the expertise of academics, the Washington State Institute for Public Policy (WSIPP), and the Washington State Center for Court Research. With this and other data, stakeholders provided legislators, policy makers, and community stakeholders with concrete proposals for change.
Principle: 3.2. Financial Data
Reforms focused on ability to pay
Judicial rulings, legislative actions, and data-driven policy decisions shaped Washington's reform efforts. A landmark case, State v. Blazina, held that judges must conduct individualized ability-to-pay assessments when imposing discretionary LFOs. In the wake of the Blazina decision, the Washington Legislature initiated a series of reforms to ensure that financial penalties do not disproportionately impact those unable to pay.
Principles: 2.3. Statewide Ability to Pay Policies & Principle 6.8. Interest
Reform related to restitution
In 2022, state legislation enabled incarcerated individuals to seek relief from LFOs that could hinder their reintegration into society. The legislation granted judicial officers the discretion to waive the 12-percent interest rate on restitution after consulting with victims. It also allowed judges to forgo ordering restitution when payments were intended for insurers rather than individual victims.
Eliminating mandatory fees & replacing revenue
In 2023, Washington's reform efforts continued with the enactment of legislation that eliminated the mandatory $100 DNA collection fee and replaced it with a dedicated funding source. Judicial officers were also prohibited from imposing a $500 crime victim penalty on defendants considered unable to pay, replacing it with a means-tested penalty and guaranteeing consistent state funding for essential victim services.
Principles: 1.5. Court Funding and Legal Financial Obligations & Principle 6.9. Restitution
Juvenile reform
In 2023 and 2024, the state legislature eliminated all non-restitution LFOs in juvenile criminal sentences and required court clerks to clear all non-restitution LFOs in juvenile cases. This ensured that uncollectable debt did not follow young people into adulthood.
Principles: 6.10 Eliminate Legal Financial Obligations in Juvenile Cases & Principle 2.3. Statewide Ability to Pay Policies
Identifying & addressing disproportionate impact of LFOs
Washington's stakeholders used data to examine the diverse effects of LFOs on various groups, with particular attention to gender and race. In 2021, the Washington Supreme Court's Gender and Justice Commission published a comprehensive report featuring a chapter by commission member Judge David Keenan that detailed the specific impacts of LFOs on women.
Principle: 4.1. Disparate Impact and Collateral Consequences of Current Practices
Conclusion
Washington's LFO reform efforts highlight the importance of coalition building, data gathering, and consensus. Through ongoing stakeholder engagement, data collection, and targeted reforms, Washington continues to refine its LFO policies to promote fairness, access to justice, and long-term financial sustainability.
Updated July 2024