Opinion
No. 89977–1.
08-05-2015
STATE of Washington, Respondent, v. Thomas A. COLE, Petitioner.
ORDER
¶ 1 A Special Department of the court, composed of Chief Justice Madsen and Justices Stephens, González, Gordon McCloud, and Yu, considered Thomas A. Cole's petition for review on August 4, 2014. The Department unanimously agreed that the superior court in imposing discretionary legal financial obligations on Mr. Cole in connection with his criminal conviction did not adequately address Mr. Cole's present and future ability to pay based on consideration of his financial resources and the nature of the burden that the payment of discretionary costs would impose, as required by RCW 10.01.160(3) and this court's decision in State of Washington v. Nicholas Peter Blazina, 182 Wash.2d 827, 344 P.3d 680 (2015). Pursuant to that decision, the superior court must conduct on the record an individualized inquiry into Mr. Coles's current and future ability to pay in light of such nonexclusive factors as the circumstances of his incarceration and his other debts, including nondiscretionary legal financial obligations, and the factors for determining indigency status under GR 34. Accordingly,
¶ 2 IT IS ORDERED:¶ 3 That the Petition for Review is granted and the case is remanded to the superior court to reconsider the imposition of the discretionary legal financial obligations consistent with the requirements of State of Washington v. Nicholas Peter Blazina, 182 Wash.2d 827, 344 P.3d 680 (2015).
For the Court
/s/ Madsen, C.J.
CHIEF JUSTICE