‘Every day you fear that you could go to jail,’ but now those fears are over

The first warrant quash day for Whatcom County courts allowed people to go home to their families, back to their jobs, become licensed driver’s again and even get married, rather than going to jail for failing to appear in court.

The quash day, which was put on by the prosecuting attorney’s office with the help of the public defender’s office and other members of Whatcom’s legal community, was aimed at getting court cases back on track and reducing incarceration rates.

Chief Criminal Deputy Prosecuting Attorney Eric Richey said there are currently around 12,000 warrants out in Whatcom County, with the majority being for failure to appear for court proceedings. Richey said that quash day was likely “a drop in the bucket” for Whatcom’s incarceration rates, but that “for the individual, it’s everything.”

About 27 people came to the Whatcom County courthouse Wednesday morning to have their warrants resolved and have new court dates set. Those who attended had warrants out for their arrest for failing to appear for a court hearing, meaning they could be arrested wherever and whenever law enforcement came into contact with them.

After the hour and a half was over, more than 30 warrants had been quashed, according to Chief Deputy Public Defender Angela Anderson. A majority of the cases were in Whatcom County District Court, but warrants were also quashed from Superior Court and smaller city courts such as Lynden and Ferndale, Anderson said.

More than 10 people had to be turned away because their warrants didn’t qualify, she said. Bellingham Municipal Court did not participate in the warrant quash day, but does hold three free quash days of its own a week on Mondays, Thursdays and Fridays at the end of the 9:45 a.m. docket, according to Darlene Peterson, court administrator for the city of Bellingham.

‘Kind of like a blessing’

Brandon Hunt, 39, had warrants in both Whatcom Superior and District courts. Hunt, who’s had his warrants for about a week, said he has attention deficit hyperactivity disorder, or ADHD, and got confused about when his court dates were, ultimately missing both hearings for both his cases. He said he found out he had warrants when he went to see his attorney, who told him about the upcoming quash day.

“I was very, very stressed out. I felt sick to my stomach and my first response to something like that is almost like fight or flight so it’s almost like run, and then stop and rationalize later,” Hunt said about his warrants. “There are real consequences. There’s severe consequences for bail jumping or if you miss court. I was looking at some time just for missing it and not being responsible or holding myself accountable, so it (quash day) was kind of like a blessing.”

When he first got in trouble in Superior Court, Hunt said he remembers the late Judge Ira Uhrig telling him the apple doesn’t fall far from the tree. Hunt said the comment resonated with him more than he thought it would.

“Coming from a family that’s got not the greatest of backgrounds, for me to have help from the tree, if you will, well it’s kind of nice to be picked back up,” he said.

For Hunt, having his warrants handled means he gets to go home to his children and that his bail isn’t revoked. He said without quash day, he was likely looking at prison time for missing his court appearances. Hunt said he initially feared quash day was going to be a sting operation, but decided to come and was surprised at how helpful and respectful everyone was. He said he believed quash day should be held again.

“I think it will hold a lot more people responsible and build a little bit more confidence back in the system,” Hunt said. “It kind of turned around the way that I look at the court system and the people that work for them.”

Folks came together

Chief Criminal Deputy Prosecuting Attorney Eric Richey said the idea for quash day came to him while he was driving to work and listening to the radio. He heard a news story about Seattle Municipal Court holding a quash day and thought Whatcom should put one on, he said.

“It’s really cool that folks came together to get this done,” Richey said. “We need to provide an opportunity for people. It’s good that we are able to find ways to get the system to work and get cases done as opposed to people getting picked up when out and about.”

Richey said he thought the day went well and heard there’s interest in putting it on again.

“We want people to know that it’s real, that we are quashing warrants. We want to make the criminal justice system more accessible and have more opportunities for people to get their cases heard. We’re not scooping them up. We’re trying to get these cases moving and trying to get just results,” Richey said.

Getting her life on track

Autumn Sundown, 24, said it’s a relief to not be on the run anymore. She’s had warrants in both District and Superior courts for roughly three months and is grateful the county provided an option such as quash day that allows her to be responsible again, she said. Having a warrant can make someone careless and unproductive, she said, and she hopes next time people take advantage of the opportunity.

“It’s stressful. Every day you fear that you could go to jail. I’m constantly upset at myself for missing that one little day,” Sundown said. “I’m personally very thankful for the county for doing this. It’s a great way to start getting your life on track, just one step at a time.”

Anderson said the public defender’s office jumped at the opportunity and worked hard to make sure the day ran smoothly. Anderson said she thinks there’s room for growth if quash day is held again by getting social service groups involved as a way to address other reasons why people get warrants or have outstanding fines.

Trust in the court system

Anderson said she believes those who quashed their warrants will show for their new court dates, and hopes next time more people realize it’s not a trap.

“It’s kind of a no-brainer for us. Any opportunity to assist clients and get warrants taken care of just makes sense, particularly at no cost to them. They know they’ll go home after and it keeps people employed, it keeps people with their families,” Anderson said. “It’s nice to also have the opportunity to build a little trust in the court system.”

Anderson said people often will be involved in multiple court cases and forget a court date for one of them, have a car break down or not have a reliable ride, have to work or have substance or mental health issues that lead to them miss court and have the judge issue a warrant to appear. She said having a day where the courts work together allows people to take care of all their warrants at once without the fear of going to jail.

“You miss a dentist appointment and you get a $10 late fee, but here, if you miss a court day, you get a warrant. Hiding from a warrant doesn’t make the situation go away, it just makes it worse. It’s not going away. Warrants don’t somehow fade off. At some point it’s just good to rip the Band-Aid off and deal with the problem,” Anderson said. “Getting back on track on these cases gets us one step closer to resolving it.”