FORKS — Clallam County Prosecuting Attorney Mark Nichols met with members of the West End Business and Professional Association and the Forks Chamber of Commerce to discuss issues facing the county’s legal system, including sentencing reform, court operations and challenges with public defense and forensic services.
Nichols spoke in depth about the state’s sentencing reform efforts, explaining that while judges often receive criticism for their sentencing decisions, their discretion is significantly shaped by longstanding guidelines.
He highlighted the shift from the indeterminate sentencing model of the 1970s, which gave judges wide latitude in sentencing, to the 1984 Sentencing Reform Act (SRA), enacted by the Legislature to curb inconsistencies.
At the time, the same crime might yield vastly different sentences depending on the judge, ranging from 60 days to seven years. The SRA introduced uniform sentencing ranges and abolished parole, aiming to standardize punishment across the state.
Over the last 40 years, the SRA has undergone more than 30 revisions, reflecting changing public attitudes and policy priorities, Nichols said. Many of the changes have allowed for alternative programs focused on rehabilitation, including educational opportunities, counseling and vocational training — especially for inmates sentenced at a young age.
“There are pros and cons,” Nichols said. “You can save taxpayer money and give individuals a chance to rehabilitate. But it can also raise concerns about public safety and re-traumatizing victims.”
Washington, once known for its harsh sentencing laws — including the three strikes law — has become more lenient in the past decade, with a growing focus on early release and re-entry programs, Nichols said.
Nichols also addressed the state of court operations since the COVID-19 pandemic. He noted a sharp decline in jury trials, which he said can dull courtroom preparedness over time.
“Trials keep everyone sharp,” he said. “When there are none, you start to get rusty.”
Juvenile crime has been another point of concern, Nichols said. Although there has been a decline so far this year, he said youth crime spiked post-pandemic due to a social paradigm shift. He praised Clallam County Deputy Prosecutor Tracey Lassus for her commitment to juvenile justice, emphasizing efforts to evaluate youth for underlying issues and to provide treatment and community service opportunities.
A major challenge facing the county is the delay in toxicology testing, with blood sample turnaround times reaching up to 11 months — or 22 months for complex cases — due to underfunded state labs and staffing shortages, Nichols said. While private labs can return results in 30 days, they come at a steep cost, especially if expert testimony is required, he said.
The backlog affects the county’s ability to file charges in a timely manner, Nichols said. The state currently has a backlog of more than 16,800 cases, he added.
Clallam County currently spends $2 million annually on public defense, another looming concern, Nichols said.
He noted a pending state Supreme Court decision that may reduce public defender caseloads. If that happens without additional staffing, some criminal cases may not be prosecuted due to the inability to provide counsel, potentially leading to dismissals, he said.
Nichols also addressed the Involuntary Treatment Act (ITA), which allows for civil court-ordered mental health or substance use disorder treatment. He said the Jamestown S’Klallam Tribe is constructing a 16-bed treatment unit set to open by 2026.
Under state law, the jurisdiction that initiates the treatment order is responsible for its cost, Nichols said.
Nichols also touched on emerging issues like the use of artificial intelligence in the legal field, warning that AI already has caused problems when it fabricated references in a public defender case.
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Christi Baron is the editor of the Forks Forum of the Olympic Peninsula News Group, which also is composed of other Sound Publishing newspapers Peninsula Daily News and Sequim Gazette. She can be reached by email at christi.baron@forksforum.com.
