Opinion
NO. 92827–4
06-29-2016
State of Washington, Respondent, v. Kristin A. Maria Highsmith, Petitioner.
ORDER
¶ 1 Department II of the court, composed of Chief Justice Madsen and Justices Owens, Stephens, González and Yu, considered the petition for review at its June 28, 2016, Motion Calendar. The Department unanimously agreed that the superior court in imposing discretionary legal financial obligations on the Petitioner in connection with her criminal conviction did not adequately address her present and future ability to pay based on consideration of her 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 Wn.2d 827, 344 P.3d 680 (2015). Pursuant to that decision, the superior court must conduct on the record an individualized inquiry into the Petitioner's current and future ability to pay in light of such nonexclusive factors as the circumstances of her incarceration and her 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 only on the issue of imposition of discretionary legal financial obligations 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 Wn.2d 827 (2015).
For the Court
/s/ Madsen, C.J.
CHIEF JUSTICE