KCLL Klues: Washington State Legal Research

General  Stanley McChrystal, Top Commander in Afghanistan, was fired today by President Obama and replaced by General David Petraeus, who had previously led United States forces in Iraq. The switch was made after General McChrystal made comments criticizing the Obama administration’s war policies in a Rolling Stone Magazine article.  Although few are criticizing Obama’s move, many question whether a change in military leadership will do anything to solve the problems arising from the war in Afghanistan.

For more information, read the following links:

Obama Relieves McChrystal of Command (NBC News)

The Runaway General (Rolling Stone)

New General, Same Problem for Obama in Afghanistan (Newsweek)

McChrystal Out, Petraeus In (Los Angeles Times)

The King County Law Library now offers SupportCalc in both its Seattle and Kent branches.  SupportCalc is a computer program created by Legal+Plus Software Group.  With data you provide, SupportCalc helps you fill out the Washington State Child Support forms. The program has gathered together all the laws in Washington State pertinent to the Washington Child Support Guidelines and the mandatory domestic relations forms, as well as a thorough understanding of IRS tables and deductions. Its templates are designed to conform with those developed by the state’s Pattern Forms Committee. SupportCalc can produce the Child Support Worksheets, the Financial Declaration, the Law Enforcement Form, and the Confidential Information Form.

Just a friendly reminder for those of you who have not yet filled in your 2010 Census questionnaires; it’s time to put them in the mail!  King County has so far responded at a 50% participation rate, which is 2% below the national average and way below South Dakota’s 62%, which currently leads the nation.  Why is it important to mail back your census?  Well, in the legislative sense, census information directly affects the number of seats your state gets in the United States House of Representatives.

What if you never get mailed a census, lose your census, or accidently shred your census with a pile of junk mail and magazine advertisements you’re positive you sifted through before pushing the shiny button – just as a hypothetical, mind you – I have no actual knowledge regarding that last careless and unforgivable example.  Anyway, have no fear! After April 12th, you can contact the Census’ Telephone Questionnaire Assistance Centers to get a replacement form.  See the links below for more details.

2010 Census Home

How Do I Get a Replacement Form?

The Questions on the Form

Today, President Obama signed the Health Care and Education Affordability Reconciliation Act of 2010, which adjusts or removes some of the less popular provisions of The Patient Protection and Affordable Care Act that Obama signed into law last week.  The new law also excludes commercial banks from issuing federal student loans.  In order to ensure he had support for these laws from the more conservative constituents of the Democratic Party, President Obama issued an Executive Order restricting federal funding for abortion. For more information, please follow the links below:

It’s Official: President Obama Signs Health Care Reform Bill (NY Daily News)

Obama Signs Bill on Student Loans and Health Care (New York Times)

Obama Signs Higher Education Measure into Law (Washington Post)

Executive Order: Patient Protection and Affordable Care Act’s Consistency with Longstanding Restrictions on the Use of Federal Funds for Abortion

White House Announces Executive Order on Abortion (Washington Post)

It’s official.  The courts have started getting involved with America’s “instant update” obsession.  A February 10th article by David Kravets of Wired Magazine reports that, along with standard court procedures that inform jurors not to discuss cases outside the courtroom, jury instructions are being modified to warn jurors against using cell phones, conducting internet research, or updating social networks with information about cases during trial.  I would have thought that the ban against e-gossip would be a no-brainer, but recent mistrials (and near mistrials) have proven me wrong.  Oh well.  I guess we still have semaphore.

Additional Links:

Proposed Model Jury Instructions: The Use of Electronic Technology…

Why Courts Need to Ban Jurors’ Electronic Communications Devices, by Anita Ramasastry

What exactly does it mean when a court record gets “sealed.”  This is a question we get a lot at the Library. The sealing of court records is governed by General Rule 15 of the Washington Court Rules. GR 15 defines sealing as follows: “To seal means to protect from examination by the public and unauthorized court personnel a portion or portions or a specified court record.”

Generally, the effect of sealing a court record has one of two effects:

1. If you are sealing a criminal conviction record that resulted in a non-conviction… for instance, if the case was dropped or you were found not guilty…then sealing the record will result in the Washington State Patrol (WSP) deleting the information from their database.
2. Sealing any type of criminal record that led to a conviction allows you to legally say that the crime never occurred. Also, the conviction cannot be included on your criminal history record.

This does not mean that the court records are destroyed. They are merely “sealed,” or protected from public scrutiny. Tell-tale signs of the court record may still exist in public databases. For instance, the online database SCOMIS may still show the case type, especially if the charge involved domestic violence, but typically the computerized index will show the notation “case vacated” in place of  the charge and the conviction after the order to seal is entered.  If you commit another criminal offense, these cases may be re-opened and used against you in court.

For more information, please read the following guides from Washington LawHelp:

Sealing Juvenile Court Records in Washington State

Can I Clear My Criminal Record?

Criminal History Records: A Guide on Whenand How to Seal/Vacate…