The court plans to conduct a ‘trial on paper’ to determine whether or not the fines imposed on him were too excessive under state law
TJ Martinell
The Center Square Washington
More than three years ago, tax protester and initiative sponsor Tim Eyman was fined millions of dollars stemming from Public Disclosure Commission campaign finance violations in 2012.
Now, a court plans to conduct a “trial on paper” to determine whether or not the fines imposed on him were too excessive under state law.
The Washington State Constitution’s Article 1, Section 14 contains a provision that protects individuals from receiving fines considered excessive for several reasons, including too “severe” for the offense committed or regarded as so burdensome it denies them the ability to obtain basic needs. Additionally, the fines must take into account the individual’s ability to pay it.
In his request for remand, Eyman’s legal counsel Richard Saunders, a former State Supreme Court justice, argued that it even if no interest was accrued on the $8 million he owes in fines and attorneys fees, it would take him 67 years to pay it off if he made $10,000 monthly contributions.
“If that does not demonstrate Mr. Eyman’s lack of ability to pay, your undersigned cannot imagine what would,” the court document states.
The request for remand instead proposes that the court “set the penalty at an amount commensurate with Mr. Eyman’s current financial circumstances.” Eyman, who declared bankruptcy in 2018, produced tax and financial documents demonstrating that he has been “left impoverished and almost destitute.”
The Court of Appeals handed the case to Thurston County Superior Court. At Friday’s hearing, Judge Chris Lanese noted that he would only be looking at the issue of whether or not Eyman was capable of paying the fines based on his financial circumstances at the time they were imposed, rather than his current financial situation. As part of the “trial on paper,” Lanese will examine affidavits and other exhibits submitted by both parties.
This report was first published by The Center Square Washington.
Also read:
- Vancouver Police arrest barricaded man
Terry Meyers, 58, faces multiple assault charges after pointing firearm at neighbor and barricading himself. - 49th Legislative District Democrats share their reasons for backing state income tax at Town Hall
Three Democrat legislators defended the new income tax affecting only those earning over $1 million annually. - Letter: Freeze the scope and build the bridge
Vancouver resident calls for project discipline after 22 years of planning and nearly half a billion in costs. - Ekklesia Theatre presents ‘Every Brilliant Thing’
Interactive theatre production donates 50% of ticket sales to local counseling services. - Opinion: Public workers’ First Amendment rights are getting attention – in Idaho, not Washington
Idaho moves to stop public schools from collecting union dues through government payroll while Washington continues favoring unions over worker choice. - Opinion: Lawsuit filed against the unconstitutional income tax in Washington state
Former Attorney General Rob McKenna and Supreme Court Justice Phil Talmadge challenge the 9.9% income tax in Klickitat Superior Court. - Vancouver Police investigate domestic violence homicide
Vancouver Police Major Crimes Unit investigating after woman found dead with knife wounds on NE Oakbrook Circle.
