2018-09-19 Meeting with the CourtsMeeting with the Courts
September 19, 2018
3:30 p.m.
Present: Commissioner Fund, Commissioner Jackson, Judge Toynbee, Susie Parker, Judge Buzzard, Scott
Tinney, Becky Butler
Guests: Dr. Lindsey Pollock, Cody Neuenschwander of The Chronicle
Recorder: Rieva Lester
Lewis County Clerk Scott Tinney said a criminal who willfully failed to pay no longer is held accountable.
He said there is no consequence, so many individuals
He said the courts no longer have the ability to impose assessments they imposed in the past to offset
costs provided by the county.
Judge Toynbee said the appellant courts undermined the authority to make assessments. He said many
lawmakers believe the courts shouldn’t hold convicted criminals accountable financially.
Judge Toynbee said that if a criminal qualifies for court-appointed counsel, the court’s hands are tied on
imposing assessments. He said only two assessments are now allowed but that the state takes a chunk
of one of those.
Scott said the courts used to be able to look at future ability to pay but that now an individual who’s
found to be indigent is always considered indigent.
Judge Buzzard said the courts aren’t revenue generators and that the courts’ only job is to hold
individuals accountable.
Judge Buzzard said the courts got wrapped up in the statute regarding interest charged on fines that go
to collections. He said the county used to receive 100 percent of that interest collected, which totaled
$44,000 in 2012, $70,000 in 2015, $98,000 in 2016.
Commissioner Fund asked if there were any legislative fixes that could be presented to area lawmakers.
Judge Toynbee said there isn’t a voice for victims.
Judge Buzzard said the counties and cities didn’t weigh in when the legislators were discussing the
changes.
Susie Parker said the jail also is losing out on collecting fees that used to be imposed.
Judge Buzzard said the courts can require an individual to prove that they are indigent. At sentencing, he
said, they can be asked to prove that they are indigent.
Judge Toynbee said individuals in Drug Court are required to pay their legal obligations.
Judge Buzzard said it’s not a financial issue, it’s a responsibility issue. He said he has used jail more often
than in the past as an effort to hold the individuals accountable since they can’t be held accountable
financially.
Judge Toynbee said he hasn’t heard any complaints about the number of individuals sentenced to jail.
He said the courts are creative and often use home monitoring for indigent criminals.
Judge Buzzard noted that home monitoring costs the individual $60 per day. He said the courts cannot
ask who is paying for that.
Judge Buzzard and Judge Toynbee said they don’t impose jail just because they cannot impose fines.
Judge Buzzard discussed “day jail” held elsewhere. Judge Toynbee said Lewis County used to house a
“day jail.” He said the stakeholders included corrections officers, the sheriff’s office, the courts and
others.
Judge Buzzard said District Court can impose a maximum sentence of 364 days.
The group discussed the role mental health plays in the jail problem.
Judge Toynbee and Scott said they haven’t seen any changes since the ITAs started locally.
Judge Toynbee discussed the Alliance Club’s roundtable with lawmakers.
The group lamented the derailing of the “user fee.” The group said lawmakers need to find another
funding source.
Judge Toynbee left at 4:20 p.m.
Commissioner Jackson left at 4:20 p.m.
Judge Buzzard said he will invite legislators to spend a day on the bench with him.
Commissioner Jackson returned at 4:23 p.m.
Dr. Lindsey Pollock asked if offenders can use community service in lieu of fees or jail time.
Commissioner Jackson left at 4:30 p.m.
The group discussed L & I and insurance concerns.
Meeting adjourned at 4:31 p.m.