Tag Archives: Washington State Supreme Court

Seattle already has passed 2022 homicide total – with three months left

Note: The following e-newsletter was sent to Sen. Padden’s subscribers September 28, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

In recent years, a glaring example of how our state’s crime problem has worsened is the rise in homicides in Seattle and King County.

On Monday, a story published by The Seattle Times shows the homicide problem in Washington’s largest city is especially bad this year. This section is especially noteworthy:

There have been 114 homicides committed in King County as of Friday, when two men were killed in separate Seattle incidents, according to a Seattle Times database. That’s five deaths shy of the 119 homicides investigated in both 2021 and 2022.

This year’s tally has exceeded the county’s 113 homicides in 2020 — a figure that was up from 73 the year before.

Exactly half of this year’s killings have occurred in Seattle, which has totaled 57 homicides, including Friday’s Belltown and Columbia City killings, according to The Times’ database, which is compiled with preliminary information from police, prosecutors and the King County Medical Examiner’s Office.

Seattle police investigated 33 homicides in 2019, 53 in 2020, 41 in 2021 and 54 in 2022, according to The Times’ data. With more than three months left in the year, it’s conceivable the city could break its 1994 record of 69 homicides in a single year.

“It’s a concerning trend,” Dan Clark, a King County chief criminal deputy prosecutor, said of 2023’s homicide count. “We all had anticipated that as we were coming out of the pandemic, some of these disturbing numbers would drop and we haven’t seen that so far.”

As in recent years, this year’s homicides span the gamut of gang-related shootings, domestic-violence killings, violence in homeless encampments, road rage, drug- and prostitution-related killings, and homicides resulting from drug use or mental health crises.

The high – and likely record-breaking – number of homicides in our state’s most populous county is cause for concern. While there are several likely causes for the high number of King County homicides, a few that immediately come to mind are: 1) the decline in the number of police officers in Seattle and other King County communities, which makes it harder to maintain law and order in these communities; 2) the relaxing of state law by Democratic majorities in the Legislature that limited law-enforcement officers’ ability to pursue suspects; and 3) the Legislature weakened state drug-possession laws a couple of years ago, which resulted in such a notable increase in drug-overdose deaths that Washington now leads the U.S. in both drug-overdose deaths and the percentage increase in drug-overdose deaths.

The weakening of Washington’s drug-possession law in 2021 probably has been a factor in crimes in our state. The Democrat-controlled Legislature this year passed a law increasing the penalty for drug possession from a misdemeanor to what is functionally a hybrid of a misdemeanor and a gross misdemeanor. But many opponents of this new law, myself included, believe it needed to provide tougher punishment so drug offenders would be more willing to undergo treatment to avoid more jail time. People need to be held accountable when they break laws. When lawbreakers are in jail or prison, they aren’t hurting society.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Litter becomes greater problem in WA

Washington has become a national leader in several unwanted categories over the years, from ranking first in the U.S. for drug-overdose deaths to currently having the third-highest gasoline prices in America after briefly having the most expensive gas in the country. Our state also has the lowest number of law-enforcement officers per capita of all states (plus the District of Columbia), a key factor why Washington has experienced a steady and disturbing rise in crime.

We can add litter to this dubious list for Washington.

The (Tacoma) News Tribune last week reported our state has ranked above the national average with litter on roadways and public areas, according to a recent study.

Here are interesting snippets from The News Tribune story:

The national average is 5,714 pieces of litter per mile according to a 2020 nationwide study. Washington state clocked in at 8,112 pieces per mile according to the statewide litter study commissioned in 2022 by the Washington State Department of Ecology that was released Monday, although the agency said they are unsure why there is significantly more litter in the state compared to others.
The Department of Ecology estimated that nearly 38 million pounds of litter accumulates every year on roads and in public areas throughout the state. That averages out to about 5 pounds of litter per resident in Washington.
Cigarette butts, food wrappers, snack bags, glass bottles and construction debris were named as some of the most common items found on the roadside, according to the study.
More than 300 traffic crashes and 30 injuries were caused by debris from unsecured loads, the Department of Ecology said. Five deaths were attributed to debris from unsecured loads.

This problem has not escaped the Legislature’s notice. In 2021, legislators and the governor approved a bipartisan bill introduced by one of my Republican colleagues, 31st District Sen. Phil Fortunato, that enhances litter control in Washington. This law prioritizes litter control along the state’s highways and requires the state Department of Ecology to contract with the Department of Transportation to schedule litter-prevention messaging and coordinate litter-emphasis patrols with the Washington State Patrol.

There has been evidence of this new anti-litter law in action, as a litter crew was spotted next to I-5 in the Tacoma area last week, and an electronic sign south of Olympia last week asked motorists and passengers to not litter.

However, the Legislature should fully implement Sen. Fortunato’s original anti-litter bill from 2021. The House had removed an important part from the original version of that measure that required the Department of Ecology to prioritize funding litter control along state highways when distributing funds to state agencies for litter control programs. The original bill should have been passed by the Legislature two years ago instead of the altered version that became law.

State flag flies over Capitol for new State Bar Association president

Ferry County resident Hunter Abell recently was chosen as the 2023-24 president of the Washington State Bar Association, which typically focuses on law and justice issues before the Legislature. At the request of a mutual friend, I contacted Secretary of State Steve Hobbs’ office in Olympia and arranged to have a Washington state flag flown over the state Capitol two weeks ago. The photo above shows that flag, as well as the certificate from Secretary Hobbs (my former Senate colleague) to Hunter that marks the occasion.

Speaking at Oaks Academy ceremony

On September 15, I had the honor of speaking at the ribbon-cutting ceremony for a new $14.8 million building at The Oaks Classical Christian Academy in Spokane Valley. It was a good event that was well attended. More than 360 students attend the academy, which has a tremendous academic record and has a number of graduates who have attended some of the finest higher education institutions in the country.

Attending judicial meeting in Tumwater

Late last week, I traveled to Tumwater for the Interbranch Advisory Committee meeting at the state Supreme Court’s temporary chambers. State Supreme Court Chief Justice Steve Gonzalez provided a judicial branch update, and I joined one of my colleagues, Sen. Jamie Pedersen of Seattle, in providing a legislative update.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the interim we are conducting business from our district office in Spokane Valley. We are here to serve you!

Phone: (509) 921-2460

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

Padden says Washington’s drug-overdose crisis is now among worst in U.S.

New statistics from the federal Centers for Disease Control and Prevention show Washington’s fatal drug-overdose situation is even grimmer than a month ago, says Sen. Mike Padden, the lead Republican on the Senate Law and Justice Committee.

For the third straight month, the CDC has issued a report that finds Washington having the negative distinction of seeing the fastest drug-overdose death rate increase of any state in the country.

But, according to the latest CDC report, Washington now leads the country not just in the percentage increase in deaths, but also the number of increased deaths (688 more than in the prior 12-month period).

“Washington’s drug crisis continues to worsen, with this latest news from the CDC really underscoring how serious it has become,” said Padden, R-Spokane Valley. “When there are nearly 700 more drug-overdose deaths than the previous year, it is clear our state’s approach to drug use has not worked. More must be done to combat drug use and overdoses, including tougher punishment for using hard drugs, before even more lives are lost.”

The full CDC report can be viewed here.

According to the CDC, Washington has seen a nation-leading 28.4% increase in drug-overdose deaths between March 2022 and March 2023 (up from 23.9% for the period between February 2022 and February 2023). Oregon ranks second at 19.6%, followed by Nevada (19%) and Alabama (14%). The national average is a miniscule 0.1% increase.

The recent CDC figures illustrate the effect of Washington’s decriminalization effort because they show the rise in drug deaths between 2021 and 2023, as the liberalized drug law took effect.

The 2021 Blake ruling by the state Supreme Court declared Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the ruling did not lower the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. After the Blake decision, the Democrat-led Legislature in 2021 responded with a law that did reduce the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. As a result, many police agencies ceased enforcement efforts.

By eliminating the threat of jail time, the 2021 law eliminated incentives for addicts to enroll in drug-treatment programs. It also eliminated a tool used by law enforcement in sweeps of homeless camps.

The punishment under the new drug-possession law (called the “Blake fix”), approved by the Legislature during a one-day special session in May, is basically a hybrid between a gross misdemeanor and a misdemeanor. Padden does not think that will be an effective deterrent for drug offenders. Under the new law, possession convictions before July 2023 are not taken into account, so the new law ignores an offender’s criminal history when it comes to sentencing. Padden pointed out an offender’s full criminal history should be taken into account. The new law took effect on July 1, and no benefit has been seen yet.

“In King County, they’re having trouble finding room at the morgue,” said Padden. “These new statistics from the CDC demonstrate the terrible consequences of the decisions made by our colleagues. All of us in Washington are affected by this uptick in drug usage, whether we have a loved one who is afflicted or is at risk of being victimized by addicts who must steal to support their habits.

Last month, Padden joined other Senate Freedom Caucus members, including 31st District Sen. Phil Fortunato, 2nd District Sen. Jim McCune and 19th Sen. Jeff Wilson, in issuing a news release pointing out Washington had become a national leader in drug-overdose deaths.

“We’ve said all along that we should have kept our felony statutes in force. I voted against the new law this year because it wasn’t tough enough. Common sense tells us our state won’t get a handle on overdose deaths until we restore our felony laws and make prison time a possibility.”

Despite stable state coffers, Democrats want to create ‘wealth tax’

Note: The following e-newsletter was sent to Sen. Padden’s subscribers March 16, 2023. To subscribe to Sen. Padden’s newsletter, click here.

The 2023 legislative session is now in its 10th week, with five weeks to go. April 23 is the scheduled last day.

As the Legislature approaches the home stretch of this year’s session, there is still plenty of work ahead. At the top of the to-do list are passing new two-year state operating, capital and transportation budgets.

Democrat budget writers are expected to unveil their operating budget proposal late next week, just days after the next state revenue forecast is released. House Democrat budget writers likely will release their spending plan a few days later after the Senate budget comes out.

One big question leading up to next week’s operating budget rollout is whether the Democrats will propose new or higher taxes. The most recent state revenue forecast, released last November, revealed that state revenues are expected to increase by $545 million for the 2021-23 biennium (which ends June 30) and $684 million for the 2023-25 budget cycle. In terms of total dollars, it showed the state with $60.779 billion in revenue for the current biennium and $62.966 billion for the 2023-25 biennium. There is no need for any new taxes.

A recent example is the capital-gains/state income-tax proposal that was passed by majority Democrats and signed by Governor Inslee in 2021. (That tax was ruled unconstitutional in March 2022. An appeal of the ruling is before the state Supreme Court, which heard arguments in the case in late January. There is no word on when the court will issue its ruling.)

Although our state has plenty of money in its coffers, that apparently is not enough to satisfy some legislators. A new and notable example is Senate Bill 5486, which was introduced by 36^th District Sen. Noel Frame, a Seattle Democrat. SB 5486 would establish what some call a “wealth tax” – a 1 percent tax on “financial intangible assets” in excess of $250 million.

Republicans oppose this bill because the sponsors clearly want to create another way to take away money from people, even though the state already has enough money. Instead of continually trying to target those in a particular income bracket, the bill’s sponsors should focus on getting the most out of existing tax dollars and making state government more efficient.

The Democrats’ wealth-tax bill received a public hearing last week in the Senate Ways and Means Committee. Because it is a bill that is considered “necessary to implement the budget,” SB 5486 has been exempted from any of the deadlines for Senate bills to be passed.

Many people testified either in favor of or in opposition of SB 5486. The testimony of two people who testified against the bill, anti-tax activist Tim Eyman and Association of Washington Business official Emily Shay, made good points on why the bill should not be approved by the Legislature. You can watch their testimony here.

Other Republicans and I will continue to fight this unnecessary and harmful proposal and try to prevent it from being approved.

This newsletter covers several other issues and events happening in Olympia in this past week.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Bill targeting catalytic-converter thefts receives Senate hearing

The fastest-growing crime problem in Washington in the past couple of years is catalytic-converter thefts. Catalytic converters use elements like platinum to make vehicle exhaust less harmful, and this crime has skyrocketed over the past two years as precious-metal prices have increased. Thieves can crawl under a car and saw a catalytic converter out of an exhaust system in minutes – or less – which leaves the vehicle owner in a real bind.

About 4,000 catalytic-converter thefts were reported in Washington in 2021, according to the National Insurance Crime Bureau, ranking the state third in the U.S. Preliminary figures for 2022 put our state on pace to match or surpass that figure.

On Tuesday, the Senate Law and Justice Committee held a public hearing on Senate Bill 5740, which aims to deter catalytic-converter thefts. One of my colleagues, 19^th District Sen. Jeff Wilson of Longview, is the bill’s prime sponsor, and I’m a co-sponsor.

SB 5740 would target the crime rings behind our state’s fastest-growing crime by going after those who purchase stolen catalytic converters in order to recycle them for their valuable precious-metal content.

Under this proposal, those who purchase catalytic converters removed from vehicles must:

Obtain a valid license as a scrap dealer or an auto wrecker.
Post it on display at their place of business.
Keep meticulous records of each transaction, including a photocopy of the seller’s driver license.
Promptly report any transaction to police that appears to be suspicious.

Anyone purchasing five or more catalytic converters without a license would be guilty of a Class B felony, trafficking in catalytic converters, which is punishable by up to seven years in prison. Purchase of four or fewer would be a Class C felony.

SB 5740 is exempt from last week’s floor cutoff for Senate bills to be passed by the Senate because it is considered necessary to implement the operating budget. There still is work to be done on this bill.

Padden bills update

Sen. Padden testifying on one of his bills earlier this session.

Two of the bills that I introduced earlier this session have seen action in House committees this week.

On Tuesday I testified before the House Innovation, Community and Economic Development, and Veterans Committee in favor of my Senate Bill 5096, which would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure. This bill promotes employee ownership, which is good, not only for our employees but for society. Studies have shown that employee-owners are happier, they stay in their job longer and they retire in a much better financial position. Also, employee-owned companies are more likely to stay locally. Additionally, this bill would help those businesses looking to adopt an ESOP. Bryan Richter of Schweitzer Engineering testified in support of the bill. The committee has scheduled a vote on SB 5096 tomorrow morning.

This morning the House Community Safety, Justice and Reentry Committee unanimously approved Senate Bill 5033, a bipartisan measure that would impose longer sentences on sexually abusive jail and prison guards. The bill would reclassify the crime of first-degree custodial sexual misconduct as a Class B felony, allowing a prison term of 10 years instead of the current five-year maximum.

Officers who work in our state’s correctional facilities are part of the law-enforcement community. Like all the other officers who serve the public, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody. SB 5033 would increase the punishment for corrections officers who sexually assault or abuse inmates in the course of their jobs.

The bill was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

Changes with Senate office staff

An e-newsletter in January shared a photo of my Senate office staff for this year’s session. The office staff recently underwent some changes. Scott Staley, my legislative assistant earlier this session, recently left this position for personal reasons, and we will miss him very much. Irina Dolbinina, who began the year as my session aide, is now my legislative assistant for the remainder of the session. Ethan Mettlin, who served as my session intern, will be the session aide through the end of April.

Expect higher fuel prices following state’s first carbon auction

When the Democrat majorities in the Legislature passed the so-called “Climate Commitment Act” two years ago, supporters of the law contended that the “cap-and-trade” program it created would not be very costly to fuel companies or consumers. Now it looks like they will be wrong.

Earlier this month, the state Department of Ecology announced the results from the state’s first carbon-allowance auction, which was mandated by the CCA. The recent auction is the first of a series of quarterly auctions under the law. The estimate in 2021 was that carbon “allowances” under the cap-and-trade program would cost $22.78 per metric ton of carbon. But the recent auction showed these allowances costing $48.50, more than double the cost some had predicted.

The $48.50 allowance would translate to 39 cents per gallon for gasoline and 47 cents a gallon for diesel. Although the advocates for the Climate Commitment Act might argue that oil companies would absorb these extra costs, that is not realistic. It’s much more likely that any additional costs somehow will be passed on to consumers, who already have faced high fuel prices over the past year or two.

Photos with visitors this week

On Wednesday, I had meetings with several people in my office to discuss various issues before the Legislature this session. The top photo shows me with officials with the Washington Auto Dealers Association (from left to right are Anthony Brock, Kristin Goffand Mario Wierzchowski). The bottom photo shows me with Sarah Davenport-Smith from Human Life of Washington.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the session we are conducting business from our Senate office in Olympia. We are here to serve you!

Phone: (360) 786-7606

Olympia Office: 215 Legislative Modular Building, Olympia, WA 98504-0404

Email address: Mike.Padden@leg.wa.gov

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.