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February 06, 2012
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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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Did You Know?    
 
 
Tort lawyer is needed when civil wrongs are done
Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions.

 


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Attorney General To Argue His First Case Before State Supreme Court
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Injury Terms

 


Today's Terms

Amicus curiae

Definition:
(Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action.

Traumatic Brain Injury

Definition:
Serious injury to the head often resulting in severe and permanent damage to the brain. A bone may break or fracture when the force applied against it is greater than the strength of the bone itself.

Low back pain

Definition:
Common causes of low back pain include lumbar strain, nerve irritation, lumbar radiculopathy, bony encroachment, and conditions of the bone and joints.

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