Legal Updates

December 1^st. That’s when the new law went into effect for residents of western states. The law entitles us to three free credit reports yearly, one from each of the three largest national credit bureaus. Even so, the credit bureaus aren’t making those free reports easy to get,  particularly not for those who go to their websites.

Our court of Appeals has recently ruled in Amunrud v. DSHS (12/27/04) that DSHS had the right to suspend a parent’s driver’s license for non-payment of child support.  They reaffirmed the longstanding principle that a driver’s license is a privilige, not a right and there isn’t even a constitutional “right” to earn a living.  I recently successfully completed a case for a client who was rear-ended by an uninsured driver.  In those circumstances, a person has to sue their own insurance company under their Underinsured Motorist (UIM) coverage.  UIM coverage essentially insures every other driver on the road.  I am frequently asked why the State of Washington allows uninsured drivers on the road despite a mandatory insurance law.  I never have a good answer to that question.  I have one wrongful death case now, for example, where the defendant driver has a long history of driving without insurance and driving without a license.

Washington Task Force Finds Justice in Jeopardy

By a  press release dated December 15, 2004, our Washington Court system has issued a distress call!

Washington’s trial courts can no longer guarantee full, equitable and expeditious justice to all state citizens due to a funding crisis that has been described as a slow strangulation of the state justice system, according to an historic report released by a statewide Court Funding Task Force.

The crisis has been precipitated not only by current budget hardships, but a critically imbalanced funding system that places 90% of the financial burden for state courts on counties and cities, the Task Force reported.  Washington ranks 50^th in the nation for state government participation in the funding of courts, indigent defense and prosecution, according to the U.S. Department of Justice.

Drunk drivers cause an inordinate amount of misery when they cause accidents.  I have just taken on a new case involving a drunk driver.  Many times these type of irresponsible people do not have insurance despite State law.  It is conventional wisdom that if you cause an accident you can discharge the debt in bankruptcy if you do not have enough insurance.  However, if a contributing factor to the accident was intoxication there is a big exception in the bankruptcy code – you are not dischargeable in bankruptcy. 

Congress recently made major revisions to the US Bankruptcy Code.  Bankruptcy has been made a little less available to individuals to eliminate debt.  I have known dozens of individuals who have filed bankruptcy over the course of my career.  Although there are a few abuses, most get into desperate financial shape through unfortunate circumstances in their lives.  The abuses I have seen, however, are rather spectacular when they occur. 

I have asked a great bankruptcy attorney, James Rigby, to explain the changes to the bankruptcy code.  If you have any bankruptcy questions you can contact Jim at 206-441-0826.  He is very good at what he does. James Rigby writes: