Whitman County Commissioners discuss Blake Decision reimbursements

COLFAX — In the Whitman County Commissioners Workshop this morning, held at 9 a.m. in the County Courthouse, Commissioners briefly spoke on the move of the state superior court, determining that those charged with possessing a controlled substance may be eligible to have a refund of any fees incurred.

Commissioner Art Swannack explained to the Gazette that when the state struck down the Blake decision in 2021 as unconstitutional, courts had to go back through and evaluate all the cases from the past.

“If someone had drug possession as the reason they were in court, they had fees that the courts just have to repay,” he said.

During the workshop, Judicial Services Director Marlynn Markley told the commissioners that the district court had listed those cases they feel will fall under the decision and had to pull up every one of those cases individually.

“I think there’s 800,” Markley said, explaining that the court then has to determine what fees, and then from her understanding, the state will have an online forum for them to provide the information so the state can find the people and pay them back.

Swannack explained that most cases are in Superior Court, but some are in the District Court as well.

“It should be easy, at least for our court,” Markley told the commissioners, adding that it will be much simpler for Superior Court and the Clerk’s office.