[WSBAPT] Felon wants to be PR

[Roger Hawkes]

I find persuasive the release from 'all disabilities' language in that statute: "and the offender shall be released from all penalties and disabilities resulting from the offense."

Although it still is arguable whether disqualification from PR status is a disability, I think courts would conclude that it is one of those 'released'.  Analogy: if a vacated conviction allows the subject to run for office and vote in public elections, surely they should be allowed to serve in a fairly minor 'semiprivate' office, like PR.


Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000
Fax is 206 367 4005

From: Rob Wilson-Hoss [mailto:rob at hctc.com]
Sent: Tuesday, February 02, 2016 3:49 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Felon wants to be PR

9.94A.640 includes, in part, "For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime."

The vacation process is that the plea of guilty is withdrawn, and a plea of not guilty entered; or the verdict, if there was a trial, is set aside; and the court then enters a dismissal of the charges. So, no longer guilty of a felony. For all purposes.

Rob

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, February 02, 2016 2:33 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Felon wants to be PR

This has been discussed recently, even today. I do recall earlier conversations on the listserv, though, where there was some disagreement about whether people thought the disqualification was waivable.

Personally, based on my own research, I think that it is not waivable, and a convicted felon is absolutely disqualified from acting as PR, even if the other heirs waive objection.

If the felony conviction record is vacated or expunged, maybe that is sufficient to allow the person to qualify. But, I do not think there is any Washington case law on that point. I have not done the research myself, but my first thought is to look at the statutes and case law regarding expungement and see what the effect is supposed to be in other contexts, and then argue by analogy that it makes sense to allow that person to qualify as a PR.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Robert Hardy
Sent: Tuesday, February 02, 2016 2:13 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Felon wants to be PR

I have a client who would like to be a PR for his father's estate plan but has a felony conviction over 28 years ago. Is there any case law that allows him to be a PR with a felony conviction?
If not must he get an expungement form Governor to qualify?
Any thoughts?
RH
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