Felons Represented in Voting Rights Case

Washington State's Disenfranchisement Provision Challenged

For over ten years the Clinic has represented convicted felons who contest Washington’s constitutional provision that automatically disenfranchises those convicted of a felony. The plaintiffs, who are African-American, claim that Washington’s disenfranchisement provision runs afoul of the federal Voting Rights Act, which prohibits any law that has the effect of disparately impacting the voting rights of racial minorities.

The claim is supported by compelling evidence that the criminal justice system in Washington disproportionately charges, convicts, and gives lengthy prison sentences to people of color as compared to similarly situated Caucasians. The short version of the history is that the trial court dismissed plaintiffs’ claim on summary judgment. The 9th Circuit reversed and remanded in part, sending the case back to the trial court to determine whether there was a causative link between racism in the criminal justice system and disparate impact on the voting rights of minorities.

On remand the trial court found that the criminal justice system was indeed biased against African-Americans and this bias had a disparate impact on their voting rights. However, the District Court once again found in favor of the defendants, holding that the weight of the factors favored the State.

The Clinic is currently appealing this decision in the 9th Circuit again. Briefs have been submitted and oral argument is scheduled in Seattle for April 8th. Clinic students have prepared and submitted briefs and a law student will participate in oral argument. The NAACP Legal Defense Fund is also co-counsel on the case.

It is too early to know if this case will wind its way to the United States Supreme Court. Given that the circuits are split on the question of whether plaintiffs’ cause of action is “a claim upon which relief can be granted” under the Voting Rights Act, it is possible the Supreme Court will be interested.

Stay tuned.