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:
- POLL: Did the Clark County Council make the right decision by rejecting the auditor authority proposal?
The 3-2 council vote rejected giving the auditor’s office power to write financial impact statements for ballot measures. - Low sockeye salmon returns lead to fishery changes in the Columbia River
WDFW projects sockeye returns to Bonneville Dam at less than half the pre-season forecast of 275,000 fish. - WA employers added jobs in May, but unemployment rate stayed stuck at 5.2%
Washington added 10,600 jobs in May — its best month this year — yet unemployment held at 5.2%, up from 4.5% a year ago. - Opinion: Hospital price transparency is good, but its impact will be limited
Washington still shields hospitals from competition through certificate-of-need laws other states have repealed. - Evergreen Public Schools and Teachers Union agree to a five-year contract
Evergreen Public Schools reached a five-year deal with its teachers union, covering 22,000 students across 38 Vancouver schools. - Vancouver amends municipal code, banning pedestrians from staying on traffic islands, medians
Vancouver’s new ordinance targets people who remain on medians, not those crossing legally at crosswalks. - Tri-County SAR Teams conduct joint training exercise to enhance emergency response readiness
Six Southwest Washington SAR teams trained together in a simulated aircraft crash requiring day and nighttime rescue operations.
