WEBVTT

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bill this morning got to testify on with regards

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to federal inmates and county jails nice sort

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of how that works so when you say i got to testify

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it was my honor on behalf of the association

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to testify and that's that's that's the proper

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attitude to have welcome to county connection

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the official podcast of the Washington State

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Association of Counties, where we dive into the

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legislative issues shaping the future of our

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communities. From budgets to public safety, infrastructure

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to elections, we'll break down what's happening

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in Olympia and how it impacts counties from across

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the Evergreen State. Stay informed, stay engaged,

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and join us as we amplify the voice of Washington's

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39 counties. Good afternoon, everybody, and welcome

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to the County Connection podcast, a very special

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podcast today. We have some breaking news for

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you right fresh from the legislature here in

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Olympia. I'm Paul Jewell. I'm the government

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relations director and host of the podcast. And

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I've brought in Brad Banks, who works on law

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and justice issues as well as, well. Community

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safety, criminal justice. Behavioral health,

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the whole gamut. The bill just dropped yesterday.

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It's Senate Bill 6239 from Senator Manka Dhingra.

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Senator Dhingra is from the Seattle area. Kirkland

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area. Kirkland area, King County. And she is

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the chair of the Senate Law and Justice Committee,

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right? That's correct. Now, we heard that she'd

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been working on something. And Brad, you and

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I had been working on something as well with

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a bunch of other people. If you go back to our

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conversation, with the Legislative Steering Committee

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in the fall, one of the things that they really

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identified this year as something they wanted

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us to work on was tort reform. That's right.

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Right, was liability. Liability has been driving

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costs for counties for quite a while now, for

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several years, and we were really kind of focusing

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on a fiscal, not a fiscal sustainability initiative,

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but a fiscal relief initiative. Yeah, a version

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of it, yeah. And we were adding a few things

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to that, and they just said, yeah, liability

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reform, like it was no big deal. Right. Huge

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subject. Huge issue with lots of players. Yeah.

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And so we put together during the interim and

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in the fall, kind of in the lead up to the session,

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a big group of people. And we've been talking

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about this issue. And we've been talking about,

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okay, we had heard that the state was going to

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try to address a problem that they had, right?

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They're looking at about a $500 million bill

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this year and up to like $3 billion in the next

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couple of years. And where's that coming from?

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Yeah, no, exactly. Maybe to your point, I think

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part of the reason maybe both the LSC, our legislative

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steering committee, and we here at staff on WASAC

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were sort of hearing there was interest at the

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state to have this conversation. So we definitely

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wanted to try to. strike while they aren't as

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hot if we could, so to speak. Yeah, because liability

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reform is not a popular subject. No, especially

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not. I mean, and it's a huge issue. And to do

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that during a short session with a budget shortfall,

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right? I mean, right. It just didn't seem like

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that was going to be something in the cards.

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So why don't you just ask us to lasso the moon?

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Right. Well, exactly. Right. I mean, I'm sure

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you can have a podcast with Jamie on vaccines

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or whatever, and it'd be a similar conversation.

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Just try to do those big policy changes in an

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environment like this. But it felt like there

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was going to be a moment. But there did. Yeah,

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we could kind of feel it building. I think. And

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to your point. Yeah. So the state, you know,

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has as a result of numerous lawsuits that a lot

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of them starting many, many years ago and a lot

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of them in the juvenile justice system resulting

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in significant jury awards as those folks have

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either become adults or whatever and brought

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the state. to trial on these issues, which have

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resulted in massive payouts. And they're looking

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at big payouts down the road, too. I think that

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is a big player, a big catalyst as to why they're

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trying to address this, because I think they

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are reading the tea leaves and saying, whoa,

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this is unsustainable for us now, and in the

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future, we don't know how we handle this. Yeah,

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and there was a report today that mentioned this

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bill, and it... It mentioned a potential liability

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by 2030, I think, of like another $3 billion.

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Yeah, which... With a B. Yes. $3 billion just

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for the state, right? And of course, we have

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our own members who have liability issues all

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over the place, right? You know, governments

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just by the... Just by the nature of government,

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we provide a whole host of services that are

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fairly risky. That's right. We incarcerate people.

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Some of the riskiest, frankly. We have probation,

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so we supervise people, right? That's right.

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We build roads and bridges that people drive

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on every single day, and that's fraught with

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risk, right? Yep. We have law enforcement agencies,

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tons of risk there, and we do those things because

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no one else can, no one else will, right? And

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we're mandated to do it by the states. I was

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going to say, yeah. We're the administrative

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arm of the state that's doing that work. Right.

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And that has in the way that our system works

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here in Washington. So liability is just kind

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of built into the way we do things. It is. It's

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part and parcel for everything that we do. So

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it makes a lot of sense if you think about it,

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right? And we've been talking about this with

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the group. Why would we just allow unlimited

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liability against our state and local governments

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when we know that those are mandated services

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that we have to provide that the society needs

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and no one else will? And they're inherently

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risky. But in Washington. We do. Yeah, we do.

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I mean, our Constitution doesn't allow us to

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have caps on damages. Well, and I think in the

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I don't know if it was a press release or interview

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that Senator Dhingra did as she released this

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bill. I mean, she was pretty blunt in saying.

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In her estimation, and I think in a lot of people's,

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Washington is far more exposed because of our

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current state laws than just about any state

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in terms of liability exposure on a variety of

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issues, whether that's at the state level or

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at the local level. And flat out acknowledge

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that, that we've just created an environment

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here that's very susceptible to this scenario

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that we're finding ourselves in. If you're a

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personal injury lawyer. Yeah, it's a business.

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You want to practice. Washington is your bread

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and butter. Yeah. I mean, you know, these jury

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awards that we're seeing. Are massive. They're

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massive, and they've been climbing year over

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year over year, and our liability insurance costs

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for local governments have basically been on

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the same trajectory. That's right. Yeah, and

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this has really been hamstrung since the early

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days when back in the 80s there was a court case

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that said you can't put caps on penalties for

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these type of court cases. Yeah, that was Sophie

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versus Fiberboard. That's it. There you go. Sorry.

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That's okay. I was wondering if you remembered

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or if I should throw it out there. For those

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of you who love to read court decisions, they're

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a little nerdy like Brad and I are. Sophie versus

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Fiber Board, Washington State Supreme Court.

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Yeah, I think it was 89? Yeah, it was in the

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80s. 85, 89, something like that. Yeah, basically

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it was a finding that caps... actually violated

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the right to a jury trial. Violated our state

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constitution. Right. Yeah. Right. Because the

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right to a jury trial is a civil right in the

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federal constitution. That's right. But it's

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also reaffirmed in the state's constitution.

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That's right. Yeah. And the idea was, not the

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idea, the ruling by the Supreme Court was, and

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I'm going to butcher, I'm sure, the right terminology.

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All we know is the name of the case, Paul. Let's

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not pretend to be lawyers here. Well, the fact

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that we're not lawyers makes us uniquely qualified.

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It does. You're getting authentic. Absolutely,

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because, I mean, we don't have to – we have no

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credentials. That's right. So just take this

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for what it's worth. We can say whatever we want.

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And no one's going to hold us accountable. No,

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I mean, come on. Because there's nothing for

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us to be – No fact -checking on these podcasts.

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That's not what we're – we don't allow that.

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Absolutely right. But in Selfie vs. Fiber Board,

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I have read it a couple of times, and the finding

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was that essentially if you place caps on the

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awards, you're interfering with the jury's ability

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to assess the damages and to basically – um provide

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a judgment as to what the value of those damages

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that's right um and so since that time we haven't

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had caps right uh at any level uh against any

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claim tort claim against local state government

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or otherwise here in washington state so um which

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we have which is why we have started to see and

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i don't think this term is inappropriate sort

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of astronomical judgments that are just i mean

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they're just massive a huge at levels that no

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local No local government, certainly, but even

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the state is now realizing they can't absorb.

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Well, think of some of the claims that are driving

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these costs right now that the state's reacting

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to, right? I mean, honestly, it is the claims

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against DCYF, right, for foster care and juvenile

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rehabilitation abuse. That's right. That happened,

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you know, more than... 18, you know, 10, 18,

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20, 30 years ago. They took the legislature,

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removed the statute of limitations, right, which

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is good for victims. Yeah. But not so great for

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the taxpayers who are going to make these payouts.

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And if you think about sitting in front of a

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jury and having a pretty. relatable victim in

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front of them and telling a horrible story about

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abuse. And many of these stories are heart -wrenching.

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I mean, put yourself in that jury's seat, right?

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Yeah, you become inflamed, right? And you want

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to punish, right? And you want to punish to the

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point where it hurts so badly that it doesn't

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happen again. That's right. And then you add

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numbers to the fact that there's just... Exactly.

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Case after case after case. Right. But, you know,

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again, we're talking about services provided

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by governments that no one else would provide.

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And they need to be functional. We have to have

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governments that can function. Right. They have

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to. And crippling them with fines and fees and

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penalties. Yeah. And while we all bleed for the

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victim. 100%. Right. That's not the issue. We

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have to be. I guess, what's the right word without

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sounding totally countless? I know. Measured

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was sort of what I was thinking. But even then,

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I mean, agreed. This isn't a statement about

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the pain and the injury inflicted on these individuals.

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All very real. Very real and deserving of both

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recognition and frankly, you know, some type

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of, you know. Compensation. Compensation or remedy

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or whatever. I agree. I mean, you know, and so

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I don't think anybody's take – at least we're

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not taking that off the table. I think what we're

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just saying is that it's become such a – it's

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almost become a – it's almost like we're – it's

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almost monopoly money to some degree, right?

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That it's sort of like we just – it's getting

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to the point where – Numbers are so big they

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don't feel real. Yeah, they just don't feel real.

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That's right. But they really are. But they are

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real. Right, they are. And the impact of that

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on a local government in particular, I mean,

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some of these judgments are getting to the point

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where they could start to, you know. outpace

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entire budgets right well government and the

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reality is you know juries hear those numbers

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right and then they get a case right you hear

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those right it builds on itself and then you

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get a case you're like well you know the last

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three cases were these numbers you know it's

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50 million dollars well we'll do 60 this yeah

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it's almost like negotiating a contract you know

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you know what i mean well obviously the going

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market rate is x right uh and that Right or wrong.

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It creates a culture of this type of judgment.

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Yeah, that's what's been happening. And so here

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we are, state governments in the same place that

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we're feeling our governments are as far as county

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governments go. And we're just seeing these liability

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costs just... Stratospheric. Out of control.

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Now, along comes Senate Bill 6239. We were thinking

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and had heard a lot of rumors this year. We had

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a lot of pre -conversations with the governor's

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office and our group, which included us and cities

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and a whole bunch of other stakeholders. And

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we talked about some strategies like sovereign

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immunity, right? Like what are some of the other

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strategies? An alternative tribunal for tort

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claims. We talked about... looking at joint and

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several liability, right? We talked about maybe

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even a constitutional amendment. That's a crazy

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idea. And then also, you know, we toyed with

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the idea of caps, but, you know, not knowing

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how to get around. That was one of the original

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idea kind of was like, maybe we just float this

00:12:07.100 --> 00:12:10.019
again, you know, taking what legislation had

00:12:10.019 --> 00:12:11.899
recently passed in the state of Oregon, where

00:12:11.899 --> 00:12:14.899
they capped much of their kind of delved back

00:12:14.899 --> 00:12:17.440
into the sovereign immunity conversation, as

00:12:17.440 --> 00:12:21.919
well as trying to. kind of rein in some of these

00:12:21.919 --> 00:12:24.740
judgments by providing caps and things. And I

00:12:24.740 --> 00:12:26.639
think we found out pretty quickly, as I know

00:12:26.639 --> 00:12:28.399
you, as you were doing research on that, that

00:12:28.399 --> 00:12:30.519
there's probably going to be legal issues with

00:12:30.519 --> 00:12:34.139
that down in Oregon. And so we kind of knew that

00:12:34.139 --> 00:12:35.940
we would probably have to anticipate that here

00:12:35.940 --> 00:12:38.860
as well if we went down that approach. But I

00:12:38.860 --> 00:12:41.200
think the thinking right was... At a minimum,

00:12:41.279 --> 00:12:42.759
this is a starting point for a conversation,

00:12:42.980 --> 00:12:44.460
right, to just kind of say this is where you've

00:12:44.460 --> 00:12:47.240
left us in this environment where we've got to

00:12:47.240 --> 00:12:49.980
look at solutions. And, yeah, maybe they'll be

00:12:49.980 --> 00:12:51.419
challenged in court, but we've got to start.

00:12:51.710 --> 00:12:54.190
trying to figure it out and just testing the

00:12:54.190 --> 00:12:56.389
waters. Yeah, because it almost felt like, so

00:12:56.389 --> 00:12:58.169
it feels like a really big issue and it feels

00:12:58.169 --> 00:13:00.649
like a really tough one to take on. But, you

00:13:00.649 --> 00:13:02.769
know, it also feels like if we don't do it, who's

00:13:02.769 --> 00:13:04.450
going to do it? Right. Right. If we don't stand

00:13:04.450 --> 00:13:06.789
up and say, you know, this has got to, we've

00:13:06.789 --> 00:13:08.990
got to come to some level of reasonableness here.

00:13:09.330 --> 00:13:11.029
You know, who is going to, it's not going to

00:13:11.029 --> 00:13:13.190
be the lawyers. No. Right. You know, they're

00:13:13.190 --> 00:13:15.590
getting paid. Right. Because a lot of them are

00:13:15.590 --> 00:13:17.450
working on a contingency basis with these cases.

00:13:17.470 --> 00:13:18.789
A hundred percent. Yeah. I mean, yeah. I mean,

00:13:18.789 --> 00:13:24.259
it's purely, It's purely a conversation of, you

00:13:24.259 --> 00:13:27.039
know, it's sort of justice meets good governance,

00:13:27.259 --> 00:13:28.980
right? It is kind of the conversation that we're

00:13:28.980 --> 00:13:30.919
sort of having to deal with. And that's a hard

00:13:30.919 --> 00:13:32.740
conversation to have when you're talking about

00:13:32.740 --> 00:13:34.960
people who have experienced some of the things

00:13:34.960 --> 00:13:36.799
that they've experienced. And not just the old

00:13:36.799 --> 00:13:40.120
DCYF cases, but any scenario where somebody feels

00:13:40.120 --> 00:13:43.740
like they've been injured in whatever way by

00:13:43.740 --> 00:13:46.600
a governmental entity or some branch of a government

00:13:46.600 --> 00:13:50.840
or department or whatever. While also understanding

00:13:50.840 --> 00:13:55.299
that while the scenario may be true and accurate

00:13:55.299 --> 00:13:58.139
and requires attention, the government still

00:13:58.139 --> 00:14:00.620
has to function and operate a variety of services

00:14:00.620 --> 00:14:03.639
for a lot of people day in and day out, 24 hours

00:14:03.639 --> 00:14:07.120
a day, seven days a week. And so it really has

00:14:07.120 --> 00:14:10.440
created almost an untenable situation where how

00:14:10.440 --> 00:14:13.759
do we continue to do these services that we don't

00:14:13.759 --> 00:14:15.220
have a choice to do, that we have to do, and

00:14:15.220 --> 00:14:19.000
that, frankly, people expect? while also recognizing

00:14:19.000 --> 00:14:21.279
that it just creates this massive exposure to

00:14:21.279 --> 00:14:23.379
us at any given moment. So getting back to the

00:14:23.379 --> 00:14:26.700
bill. Yeah, sorry. No, you're great. 6239 comes

00:14:26.700 --> 00:14:29.600
along, and we had talked about these solutions.

00:14:30.159 --> 00:14:32.419
We'd heard some rumors. We'd had our conversations.

00:14:33.120 --> 00:14:35.200
We didn't expect to fight this bill. We didn't.

00:14:35.580 --> 00:14:37.679
I'll tell you the honest truth. I was sitting

00:14:37.679 --> 00:14:39.820
in that hearing, in a hearing yesterday up on

00:14:39.820 --> 00:14:41.500
the hill. I was shocked. And I see this email

00:14:41.500 --> 00:14:44.000
come across my – I'm looking at my phone. I see

00:14:44.000 --> 00:14:46.799
this email, and I went. was this supposed to

00:14:46.799 --> 00:14:49.799
be to me? Am I like, is this a real bill? Like,

00:14:49.799 --> 00:14:51.799
are they doing this? Right. And I look and I

00:14:51.799 --> 00:14:54.019
think, oh, it is. It's Senator Dinkerson. Yeah.

00:14:54.080 --> 00:14:56.460
Right. And so I texted you, I think. And I was

00:14:56.460 --> 00:14:59.279
like, hey, did you see this? And you're like,

00:14:59.399 --> 00:15:01.679
yes, I saw it. We need to talk about this. So,

00:15:01.679 --> 00:15:04.620
yeah. Yeah. I mean, I definitely caught us. off

00:15:04.620 --> 00:15:07.019
guard, but in a good way. Yeah, and if you're

00:15:07.019 --> 00:15:10.580
noticing a little excitement in our voices, it's

00:15:10.580 --> 00:15:13.299
because it's a good bill for local governments.

00:15:13.419 --> 00:15:14.919
I mean, we were expecting something that would

00:15:14.919 --> 00:15:17.559
be very tailored to the problem that they were

00:15:17.559 --> 00:15:21.500
facing. Very specific to older claims that really

00:15:21.500 --> 00:15:24.799
had to do with child sexual abuse or something

00:15:24.799 --> 00:15:27.759
like that. We were hoping it would involve local

00:15:27.759 --> 00:15:29.879
government. I think we were expecting that we

00:15:29.879 --> 00:15:31.240
have to fight for that. Yeah, we were expecting

00:15:31.240 --> 00:15:33.500
to have to fight for that. Expecting that the

00:15:33.500 --> 00:15:36.149
state state would probably just address the state's

00:15:36.149 --> 00:15:38.649
problem. But this bill is much broader than that.

00:15:38.649 --> 00:15:42.789
Tell us what the bill does. Well, essentially

00:15:42.789 --> 00:15:49.000
what the bill does is allows for... creation

00:15:49.000 --> 00:15:51.899
of an arbitration process, essentially, that

00:15:51.899 --> 00:15:56.039
allows, it sort of creates a pre -trial sort

00:15:56.039 --> 00:15:58.899
of scenario where these type of cases, I don't

00:15:58.899 --> 00:16:00.220
even know if that's the right terminology. Well,

00:16:00.220 --> 00:16:02.820
kind of. It's kind of like that alternative tribunal

00:16:02.820 --> 00:16:04.399
solution that we were talking about with the

00:16:04.399 --> 00:16:06.299
broader group. Exactly, right. That sort of allows

00:16:06.299 --> 00:16:09.110
for these cases to be sort of... for lack of

00:16:09.110 --> 00:16:10.750
a better term, sort of adjudicated and settled

00:16:10.750 --> 00:16:14.710
outside of going to a jury process, which is

00:16:14.710 --> 00:16:17.129
really where these massive settlements end up

00:16:17.129 --> 00:16:18.909
happening, is through that jury process. So it's

00:16:18.909 --> 00:16:22.269
a way of sort of expediting, you know, maybe

00:16:22.269 --> 00:16:26.870
both, you know, there's guilt maybe agreed to

00:16:26.870 --> 00:16:30.289
by the parties. Yeah, someone screwed up, something

00:16:30.289 --> 00:16:32.269
happened. Right, right. Nobody's debating that.

00:16:32.289 --> 00:16:33.909
There were damages. Right, there's damages. And

00:16:33.909 --> 00:16:36.549
so it's a way to sort of... Try to get that,

00:16:36.549 --> 00:16:41.889
you know, sort of handled and remedied in a concise,

00:16:42.250 --> 00:16:45.070
more manageable and reasonable way. While also,

00:16:45.110 --> 00:16:47.799
frankly, you know. saving everybody a lot of

00:16:47.799 --> 00:16:49.879
money from having to go to court, having to go

00:16:49.879 --> 00:16:51.580
through the whole process, get attorneys, I mean,

00:16:51.580 --> 00:16:53.440
do all the... Saves a lot of money on both sides.

00:16:53.620 --> 00:16:56.019
On both sides, potentially, right. While also

00:16:56.019 --> 00:16:58.480
allowing the injured party to feel like they

00:16:58.480 --> 00:17:00.919
have a process to be heard and to have their

00:17:00.919 --> 00:17:05.279
issue settled. So, yeah, I mean, and the fact

00:17:05.279 --> 00:17:08.180
that it extends that not just to, like you said,

00:17:08.279 --> 00:17:11.500
old cases or something very narrow, and not just

00:17:11.500 --> 00:17:14.210
to the state, but actually is... fairly wide

00:17:14.210 --> 00:17:15.890
ranging, just about, I think, to essentially

00:17:15.890 --> 00:17:20.049
all types of liability that we might. And county

00:17:20.049 --> 00:17:21.869
and city government. And both county and city

00:17:21.869 --> 00:17:24.589
government. What's interesting about it is there's

00:17:24.589 --> 00:17:30.609
no claim minimum or maximum. Nope. So it's all

00:17:30.609 --> 00:17:32.710
claims of all kinds. That's right. All torts.

00:17:32.730 --> 00:17:34.690
That was a part that really caught me off guard.

00:17:34.750 --> 00:17:37.569
Right. And all both the state government. And

00:17:37.569 --> 00:17:39.710
the inclusion of us. And city and local. And

00:17:39.710 --> 00:17:41.170
the inclusion of us. Other local governments.

00:17:41.329 --> 00:17:45.049
So essentially, just to shortcut it, because

00:17:45.049 --> 00:17:47.630
you gave a very good longer description. Any

00:17:47.630 --> 00:17:49.950
tort claim has to go through arbitration first.

00:17:50.349 --> 00:17:52.430
First. Yes. Before they can file a lawsuit. You're

00:17:52.430 --> 00:17:54.529
right. That's a more concise way to say it. Well,

00:17:54.529 --> 00:17:57.109
I like to be concise. I tend to be a little verbose.

00:17:57.230 --> 00:17:59.829
And I'm a man of few words. So between the two

00:17:59.829 --> 00:18:02.289
of us, you get a good middle -of -the -road answer.

00:18:02.730 --> 00:18:07.660
So how does this help? How does this help local

00:18:07.660 --> 00:18:09.400
governments? How does it help the state government?

00:18:09.779 --> 00:18:14.519
I mean, what is the remedy aiming to do here

00:18:14.519 --> 00:18:16.420
exactly? I mean, you kind of got to it a little

00:18:16.420 --> 00:18:18.240
bit. Yeah. I mean, I think it's a few things,

00:18:18.400 --> 00:18:20.759
right? I mean, one, I think it's a meaningful

00:18:20.759 --> 00:18:24.799
way to try to dramatically rein in the number

00:18:24.799 --> 00:18:28.940
of potential jury trials that you might have

00:18:28.940 --> 00:18:30.779
to. Well, that's a cost savings. Right. Right

00:18:30.779 --> 00:18:33.259
out of the gate. Right. On a lot of levels. Yeah.

00:18:33.319 --> 00:18:38.930
Right. But also, I think in a positive way, is

00:18:38.930 --> 00:18:41.109
a very, which, you know, I think the other thing

00:18:41.109 --> 00:18:42.150
you have to remember when you go to trial is

00:18:42.150 --> 00:18:44.210
that can take years, right? These things can

00:18:44.210 --> 00:18:46.490
go on for a really long time. Well, and it's

00:18:46.490 --> 00:18:49.210
so unpredictable with a jury. Right. I mean,

00:18:49.210 --> 00:18:51.630
any trial lawyer will tell you. Yeah. Yeah, if

00:18:51.630 --> 00:18:53.769
we're going to go to the jury, we're rolling

00:18:53.769 --> 00:18:55.750
the dice. Every time. Yeah. Right, every time.

00:18:55.789 --> 00:18:57.970
Both sides would say that, right? And so, yeah,

00:18:58.089 --> 00:19:00.609
I mean, I think so by giving the option of a

00:19:00.609 --> 00:19:05.180
guaranteed process that's timely, responsive,

00:19:05.579 --> 00:19:09.880
and can get the outcome that I think serves everybody

00:19:09.880 --> 00:19:12.420
better while also potentially, like you said,

00:19:12.460 --> 00:19:14.079
saving cost and time and doing all these other

00:19:14.079 --> 00:19:16.059
things, that's potentially a win -win for everybody

00:19:16.059 --> 00:19:18.859
involved. It doesn't mean that justice doesn't

00:19:18.859 --> 00:19:21.960
happen. It doesn't mean damages aren't awarded.

00:19:22.240 --> 00:19:24.740
It doesn't mean – it just allows it to happen

00:19:24.740 --> 00:19:28.440
in a way that is potentially much more controlled,

00:19:28.680 --> 00:19:32.359
much more contained, and in an expedited and

00:19:32.359 --> 00:19:34.299
– effective way which i think everybody would

00:19:34.299 --> 00:19:37.160
agree is the right way to go yeah um what do

00:19:37.160 --> 00:19:38.240
you think the trial lawyers are going to say

00:19:38.240 --> 00:19:40.400
yeah they're not going to like it okay i don't

00:19:40.400 --> 00:19:45.440
think do you um no I mean, right. I mean, because.

00:19:45.579 --> 00:19:47.940
Yeah. I mean, if I'm a trial lawyer, you know,

00:19:47.960 --> 00:19:50.680
I've I've got if I'm if I'm a trial lawyer, I've

00:19:50.680 --> 00:19:54.099
got Washington state in the bullseye of my dartboard.

00:19:54.160 --> 00:19:56.880
Right. Yeah. I mean, and I'm thinking, you know,

00:19:56.920 --> 00:20:00.180
any any victim I can get, you know, that can

00:20:00.180 --> 00:20:03.140
file a suit against Washington state is a payday

00:20:03.140 --> 00:20:05.799
and potentially a big fat one. And the worse

00:20:05.799 --> 00:20:08.799
I can make it sound look, the bigger that payday

00:20:08.799 --> 00:20:11.440
is going to be. Exactly. I mean, yeah. And I

00:20:11.440 --> 00:20:14.220
think just. Just generally speaking, I mean,

00:20:14.240 --> 00:20:16.240
I think they have always been very resistant

00:20:16.240 --> 00:20:18.559
to any kind of, you know, changes or rollbacks

00:20:18.559 --> 00:20:22.039
or modifications to, you know, the current liability

00:20:22.039 --> 00:20:26.140
system. And tort, you know, any tort reform effort

00:20:26.140 --> 00:20:28.740
has generally been met with, you know, not a

00:20:28.740 --> 00:20:30.700
warm reception from the trial attorney. So I

00:20:30.700 --> 00:20:32.119
wouldn't expect that necessarily on this either.

00:20:32.359 --> 00:20:34.259
Well, politically speaking, they're a major,

00:20:34.299 --> 00:20:36.799
major supporter. They are. Of the state Democratic

00:20:36.799 --> 00:20:38.859
Party. So this will be an interesting discussion.

00:20:38.859 --> 00:20:41.900
Agreed. And I think also. partly why we were

00:20:41.900 --> 00:20:43.380
surprised. That's not private information. That's

00:20:43.380 --> 00:20:45.460
public. No, not at all. And that's been widely

00:20:45.460 --> 00:20:48.420
reported as well. No, and I think this has always

00:20:48.420 --> 00:20:50.519
been much more of a Republican issue, frankly.

00:20:50.700 --> 00:20:51.880
I mean, I think we've seen these issues come

00:20:51.880 --> 00:20:55.400
up more and more by Republicans. But interestingly,

00:20:55.519 --> 00:20:59.000
to see it not only from a Democrat, but also

00:20:59.000 --> 00:21:03.660
in a... politically charged environment. Well,

00:21:03.740 --> 00:21:05.779
did you see the other names on that bill? I did.

00:21:05.940 --> 00:21:08.700
It's kind of fascinating. Some attorneys. Some

00:21:08.700 --> 00:21:10.440
attorneys. That are part of that Democratic Party.

00:21:10.460 --> 00:21:12.640
Well, Dhingra herself is an attorney. The major

00:21:12.640 --> 00:21:19.019
budget writers are on that as well. The chair

00:21:19.019 --> 00:21:22.079
of the Transportation Committee has signed onto

00:21:22.079 --> 00:21:25.059
the bill. So, I mean, these are the who's who

00:21:25.059 --> 00:21:26.579
of the Democratic Party in the state legislature.

00:21:26.579 --> 00:21:28.319
Well, and I would add into that. I mean, I think

00:21:28.319 --> 00:21:30.799
I was talking to you before we started doing

00:21:30.799 --> 00:21:33.859
the... the pod that, you know, it appears that,

00:21:33.900 --> 00:21:35.039
you know, there's been a lot of conversations

00:21:35.039 --> 00:21:37.079
happening in the governor's office as well. Who

00:21:37.079 --> 00:21:39.480
is also a former attorney himself. That's right.

00:21:39.619 --> 00:21:42.140
And most of his office, it seems like now in

00:21:42.140 --> 00:21:43.559
the governor's office is filled with attorneys.

00:21:43.640 --> 00:21:46.319
Right. So that's really interesting. It is. It's

00:21:46.319 --> 00:21:48.240
fascinating. Yeah. And again, I think gets to

00:21:48.240 --> 00:21:51.079
why this is such an interesting surprise here

00:21:51.079 --> 00:21:52.920
in the second week of session to sort of see

00:21:52.920 --> 00:21:54.519
this kind of come down the pike. Well, I think

00:21:54.519 --> 00:21:57.079
it's a nice surprise. Yeah. I mean, normally

00:21:57.079 --> 00:22:00.039
we don't, normally they aren't nice surprises.

00:22:00.039 --> 00:22:03.589
Yeah. That's what I would say. Give and take.

00:22:03.750 --> 00:22:05.670
Yeah, there's some good, some bad. You've got

00:22:05.670 --> 00:22:07.809
to take the good with the bad. But what I mean

00:22:07.809 --> 00:22:10.289
from a nice surprise is you've got a governor

00:22:10.289 --> 00:22:13.329
who's a former attorney. You've got a prime sponsor

00:22:13.329 --> 00:22:15.910
who's also a former attorney. Maybe she still

00:22:15.910 --> 00:22:17.349
practices. I don't know her that well. No, she

00:22:17.349 --> 00:22:20.109
was a prosecutor. Prosecutor, okay. You've got

00:22:20.109 --> 00:22:22.569
a state Democratic Party that's in charge up

00:22:22.569 --> 00:22:24.869
there, and the trial lawyers are one of their

00:22:24.869 --> 00:22:27.369
biggest supporters. You've got almost every other

00:22:27.369 --> 00:22:29.759
prominent Democrat in leadership signing. up

00:22:29.759 --> 00:22:32.240
on this bill, including some other attorneys.

00:22:32.460 --> 00:22:34.480
I mean, this thing looks like it's poised to

00:22:34.480 --> 00:22:38.599
move in a short session. And it's just now been

00:22:38.599 --> 00:22:41.059
introduced. It's already scheduled for a hearing

00:22:41.059 --> 00:22:43.779
next week on Tuesday. I know. And they've already

00:22:43.779 --> 00:22:45.599
put it on a schedule for an executive session

00:22:45.599 --> 00:22:47.500
to vote it out of committee two days later. They

00:22:47.500 --> 00:22:49.200
have indeed. It looks like they mean business

00:22:49.200 --> 00:22:50.940
on this bill. I think they do. And I think the

00:22:50.940 --> 00:22:53.779
reason they do is because the stakes are so high

00:22:53.779 --> 00:22:55.559
with regards to our current budget environment.

00:22:55.680 --> 00:23:00.450
I mean, I think if anything, If anything, we

00:23:00.450 --> 00:23:03.109
should have predicted maybe a little more that

00:23:03.109 --> 00:23:07.009
this budget environment is so bad at the moment

00:23:07.009 --> 00:23:10.849
in terms of – it's not so much that we're in

00:23:10.849 --> 00:23:13.009
a bigger hole than we've ever been in as a state.

00:23:13.089 --> 00:23:14.990
We've gone through ups and downs, and that's

00:23:14.990 --> 00:23:18.410
not new. But I think the pressure right now is

00:23:18.410 --> 00:23:22.420
so – uncertain in terms of both revenue and what's

00:23:22.420 --> 00:23:26.480
left, right? What stones are left to squeeze

00:23:26.480 --> 00:23:29.700
blood from are really starting to be limited,

00:23:29.819 --> 00:23:32.779
right? And so it really has moved to a conversation

00:23:32.779 --> 00:23:35.980
of we've got to try to contain cost. And this

00:23:35.980 --> 00:23:38.960
is just a major driver of cost. And I think if

00:23:38.960 --> 00:23:40.519
you're the legislature at some point, you have

00:23:40.519 --> 00:23:43.140
to go. The only way we get this done is by doing

00:23:43.140 --> 00:23:45.019
something like this. And sometimes that's a sad

00:23:45.019 --> 00:23:48.619
reality. It waits until it's almost, you know,

00:23:48.619 --> 00:23:52.160
right. But so let's, before we go, let's talk

00:23:52.160 --> 00:23:54.420
about that a little bit, because what do you

00:23:54.420 --> 00:23:56.740
say to the victims advocate groups that are,

00:23:56.740 --> 00:23:58.180
because they're going to come out on this bill,

00:23:58.339 --> 00:24:00.539
right? What do you think? Are they going to support

00:24:00.539 --> 00:24:02.839
it? Are they going to be, it's interesting. I

00:24:02.839 --> 00:24:06.200
was trying to think about that myself. And what

00:24:06.200 --> 00:24:09.079
do you say to them? Well, I mean, I think if,

00:24:10.410 --> 00:24:12.829
I can understand the suspicion, and I can certainly

00:24:12.829 --> 00:24:16.329
understand the desire, especially, I mean, not

00:24:16.329 --> 00:24:18.150
to, I don't know how to say this without making

00:24:18.150 --> 00:24:21.170
it sound like, you know, if you're looking at

00:24:21.170 --> 00:24:23.089
what judgments have been, right, if you're looking

00:24:23.089 --> 00:24:26.490
at precedent and what's out there, you know,

00:24:26.509 --> 00:24:30.690
you could see somebody not wanting to, you know,

00:24:30.690 --> 00:24:32.890
wanting to take their chances with a jury trial,

00:24:33.089 --> 00:24:35.269
right, and maybe potentially going that route.

00:24:36.120 --> 00:24:37.960
And nothing in this bill really stops that from

00:24:37.960 --> 00:24:39.200
happening. It doesn't. No, that process is still

00:24:39.200 --> 00:24:42.119
there. You just got to go through arbitration

00:24:42.119 --> 00:24:43.079
first. You just got to go through arbitration

00:24:43.079 --> 00:24:48.599
first. And I would imagine that there's a benefit.

00:24:48.720 --> 00:24:51.980
And I suppose how you would try to kind of persuade

00:24:51.980 --> 00:24:53.720
some of these individuals that this is actually

00:24:53.720 --> 00:24:56.859
in their favor is sort of. You know, you have

00:24:56.859 --> 00:24:59.079
a chance to go through all of the process that

00:24:59.079 --> 00:25:01.059
you sort of would have had to really wait to

00:25:01.059 --> 00:25:05.000
do in a trial and get it done in a way that is

00:25:05.000 --> 00:25:09.099
both. It just sort of puts the issue behind you

00:25:09.099 --> 00:25:10.480
quicker, right? It does, yeah. I mean, it's like

00:25:10.480 --> 00:25:12.640
you have the chance to sort of make your case,

00:25:12.819 --> 00:25:15.660
figure out the scenario, talk about, you know.

00:25:16.319 --> 00:25:18.319
Get made whole. Get made whole, right, whatever

00:25:18.319 --> 00:25:21.519
that is, if that's possible, right? And then

00:25:21.519 --> 00:25:24.900
move on with your life, right? And I do think

00:25:24.900 --> 00:25:28.059
there's an element of that that I imagine that

00:25:28.059 --> 00:25:30.359
would appeal to a certain number of people in

00:25:30.359 --> 00:25:32.259
terms of whether that will be mass appeal, I

00:25:32.259 --> 00:25:35.240
don't know. But I do think at a minimum, at least.

00:25:35.880 --> 00:25:38.279
having an option for that which is what this

00:25:38.279 --> 00:25:40.259
bill basically creates i mean it's a mandatory

00:25:40.259 --> 00:25:42.019
option but it's still an option in the sense

00:25:42.019 --> 00:25:44.740
that you and what i mean is you can still go

00:25:44.740 --> 00:25:47.740
to trial you can refuse to you know it doesn't

00:25:47.740 --> 00:25:49.880
say that if you you know you don't have to this

00:25:49.880 --> 00:25:52.359
doesn't have to be resolved in this in this format

00:25:52.359 --> 00:25:54.859
right but it forces you to at least take it under

00:25:54.859 --> 00:25:56.940
consideration and to go through the process and

00:25:56.940 --> 00:25:58.779
you may find that once you go through that process

00:25:58.779 --> 00:26:01.740
that it it's it satisfies you right and that

00:26:01.740 --> 00:26:03.460
you consider it done and you don't want to be

00:26:03.460 --> 00:26:07.220
drawn out into a multi -year, very expensive

00:26:07.220 --> 00:26:10.420
process, like you said, which is always a roll

00:26:10.420 --> 00:26:12.279
of the dice at the end of the day. Yeah, because

00:26:12.279 --> 00:26:13.680
you could end up with nothing. You could end

00:26:13.680 --> 00:26:15.680
up with nothing except really high legal bills

00:26:15.680 --> 00:26:18.099
on top of your potential pain and suffering.

00:26:18.099 --> 00:26:20.059
Which would be a terrible outcome. Agreed. Yeah,

00:26:20.180 --> 00:26:22.680
for everybody. You know, for me, and I've talked

00:26:22.680 --> 00:26:24.680
to a lot of people about this, and we've had

00:26:24.680 --> 00:26:26.279
a lot of conversations about this with the broader

00:26:26.279 --> 00:26:28.940
group, and I think you can probably confirm this.

00:26:29.140 --> 00:26:32.579
No one has, in any of those conversations, no

00:26:32.579 --> 00:26:35.009
one has said, Victims should not be compensated.

00:26:35.029 --> 00:26:38.769
You know, it's always about we want to make sure

00:26:38.769 --> 00:26:41.559
that. If we make mistakes, because we will. Yeah.

00:26:41.640 --> 00:26:44.099
I mean, we will. You know, these are dangerous

00:26:44.099 --> 00:26:46.420
things that we're doing. Law enforcement, right?

00:26:47.200 --> 00:26:51.660
Custody, you know, ITA. Jail environments. Corrections.

00:26:51.839 --> 00:26:54.359
Behavioral health issue. I mean. Supervision.

00:26:54.539 --> 00:26:57.839
Yeah. And the list of roads. Yeah. Just roads.

00:26:58.059 --> 00:27:00.079
Roads. All you have to say is roads. Every time

00:27:00.079 --> 00:27:01.819
we build an intersection and a bridge, you know,

00:27:01.880 --> 00:27:03.539
you sweat every time, right? That's right. These

00:27:03.539 --> 00:27:05.859
things are going to happen, and they're part

00:27:05.859 --> 00:27:08.539
of the tragedies of life. And sometimes. you

00:27:08.539 --> 00:27:10.920
do need to hold someone responsible for that

00:27:10.920 --> 00:27:13.119
because there was negligence involved. Sometimes

00:27:13.119 --> 00:27:14.839
there's an accident and sometimes there's negligence.

00:27:14.839 --> 00:27:17.140
Right, exactly. And it's important to make sure

00:27:17.140 --> 00:27:19.359
that the victims are compensated if they can

00:27:19.359 --> 00:27:22.599
be. And, you know, if it's a small thing and

00:27:22.599 --> 00:27:24.880
they just need to be made whole, you know, and

00:27:24.880 --> 00:27:26.440
you can just write a simple check. You're just

00:27:26.440 --> 00:27:28.259
able to get that out of the system. That's great.

00:27:28.359 --> 00:27:30.900
If it's a long -term thing, then absolutely that

00:27:30.900 --> 00:27:32.579
should be compensated for. They should be cared

00:27:32.579 --> 00:27:35.079
for appropriately. But I think all of us can

00:27:35.079 --> 00:27:39.980
say and probably agree that, lottery ticket type

00:27:39.980 --> 00:27:44.799
awards aren't moral. They're just punitive. And

00:27:44.799 --> 00:27:47.359
it goes back to, they're not a good way to run

00:27:47.359 --> 00:27:50.279
governments. And they're not fair to the taxpayer.

00:27:50.420 --> 00:27:53.559
That's exactly right. And so at the end of the

00:27:53.559 --> 00:27:56.960
day, you really are, I think, trying to make

00:27:56.960 --> 00:27:59.259
an argument that this is actually better for

00:27:59.259 --> 00:28:04.680
everyone in the sense that No tool is being taken

00:28:04.680 --> 00:28:07.460
off the table, but everybody is getting a chance

00:28:07.460 --> 00:28:11.579
to remedy a bad situation quickly and cleanly

00:28:11.579 --> 00:28:16.480
and with the minimum impact to either the state

00:28:16.480 --> 00:28:18.619
or a county or a city that still has to keep

00:28:18.619 --> 00:28:20.640
providing those services no matter what. Just

00:28:20.640 --> 00:28:23.380
because this court trial is going on doesn't

00:28:23.380 --> 00:28:26.200
mean that we stop doing road work or we stop.

00:28:26.240 --> 00:28:28.579
We can't stop. Right, or we stop. We have no

00:28:28.579 --> 00:28:30.779
choice. Doing law enforcement work or doing work

00:28:30.779 --> 00:28:32.400
in our jails or doing behavioral health work

00:28:32.400 --> 00:28:34.599
or any of these other things that we do all the

00:28:34.599 --> 00:28:36.720
time. I mean, there's just not – that doesn't

00:28:36.720 --> 00:28:38.700
stop because there's been an incident. And so

00:28:38.700 --> 00:28:41.900
I think – Yeah, a private business makes a big

00:28:41.900 --> 00:28:44.380
mistake like that. They can completely stop and

00:28:44.380 --> 00:28:46.319
retool and do something different. They can make

00:28:46.319 --> 00:28:48.299
that business choice. That's right. We cannot

00:28:48.299 --> 00:28:48.980
make that business choice. We don't have that

00:28:48.980 --> 00:28:51.779
option, right. And so the ability to have a way

00:28:51.779 --> 00:28:54.579
to steward – I think this is just a better way

00:28:54.579 --> 00:28:58.569
to steward. not only our responsibilities and

00:28:58.569 --> 00:29:01.849
our obligations and to own up when mistakes are

00:29:01.849 --> 00:29:04.309
made, but also a better way to steward the funds

00:29:04.309 --> 00:29:06.990
that the taxpayers give government to use on

00:29:06.990 --> 00:29:09.710
their behalf. All right. Yeah, well, Brad, thanks

00:29:09.710 --> 00:29:11.349
for stopping in. That's my speech. Yeah, I appreciate

00:29:11.349 --> 00:29:15.490
that speech. Going on the record, 6239. There

00:29:15.490 --> 00:29:16.930
it is. Should they pass it or should they not

00:29:16.930 --> 00:29:18.470
pass it? Oh, they definitely should pass it.

00:29:18.490 --> 00:29:20.509
Yeah, I agree. Yeah. In fact, you know, well,

00:29:20.609 --> 00:29:22.829
yeah. All right. Well, thanks, Brad. Thanks for

00:29:22.829 --> 00:29:24.869
the time. Appreciate it. We'll talk to you soon.

00:29:25.279 --> 00:29:29.220
Catch you later, everybody. Thanks for tuning

00:29:29.220 --> 00:29:31.460
in to County Connection. Stay in the loop by

00:29:31.460 --> 00:29:33.799
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00:29:38.740 --> 00:29:40.920
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00:29:43.259 --> 00:29:46.000
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