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August 24, 2010
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Attorney General To Argue His First Case Before State Supreme Court

OLYMPIA - Attorney General Rob McKenna will personally present the state’s arguments next Tuesday in Madison v. State of Washington. It will be his first argument as attorney general before the Washington Supreme Court.

The state seeks to overturn King County Superior Court Judge Michael Spearman’s ruling that Washington’s current felon disenfranchisement law is unconstitutional because it requires felons to complete all the terms of their sentences– including payment of financial obligations such as crime victims' restitution– before they regain their right to vote.

McKenna will argue that, under the U.S. Constitution and the Washington State Constitution, each state may disenfranchise felons and each may establish its own criteria for disenfranchisement and re-enfranchisement that requires felons to complete the terms of their sentences.

“Washington state law requires that convicted felons comply with all court-imposed sentencing requirements, including paying restitution to crime victims, before the felon may be re-enfranchised,” McKenna said.

The state will argue that under the ‘rational basis test’ which the U.S. Supreme Court applies to felon disenfranchisement statutes, it is rational for the Legislature to deny felons the right to vote until they have completed their entire court-ordered sentences.

“That includes payment of criminal penalties, victim's restitution, and legal fees,” McKenna said. “The state should not be required to separate out the various aspects of a criminal sentence.”

The Supreme Court is scheduled to hear Madison v. State of Washington at 2:30 p.m. on Tuesday, June 27. Both sides are scheduled to present their cases for 30 minutes. TVW will cover the arguments live.

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The mediation process may vary depending on the mediator.

Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.

 


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Legal Terms

 


Today's Terms

Dissent

Definition:
A term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majorityA term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majority

Objection

Definition:
The act of taking exception to some statement or procedure in trial or other proceeding. Used to call the court's attention to improper evidence or procedure.

Plea

Definition:
The defendant's formal response to a criminal charge (guilty, not guilty, nolo contendere, not guilty by reason of insanity, and guilty and mentally ill).

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