Bill to expand vacatur of treaty‑rights convictions draws broad tribal and OPD support

The Community Safety Committee heard testimony on House Bill 1982, which would expand existing state law to allow vacation of convictions tied to the exercise of treaty Indian rights beyond fishing to include hunting, gathering and pasturing, remove the pre‑1975 time limit, and permit vacatur for convictions rooted in enjoined local ordinances.

Corey Patton, staff to the committee, prefaced the bill by tracing treaties that reserved fishing and other rights and by summarizing the legal background: federal litigation (United States v. Washington, the Boldt decision) had found some state regulations interfered with treaty rights, and Washington law in 2014 created a narrow vacatur process for certain fishing‑related convictions. "House Bill 1982 does three things," Patton said: it expands eligible activities and timing, authorizes the Office of Public Defense (OPD) to provide direct representation and consultation for vacatur motions, and requires OPD to establish a tribal‑liaison position subject to appropriation.

The bill sponsor said HB 1982 "rights the wrong of the past," invoking tribal elders and the Centennial Accord as context for state‑tribal relationships. Tribal leaders told the committee the measure would remove longstanding barriers to employment, housing and licensing caused by historic convictions. Chris Peters (Squaxin Island Tribe) said his family had members who would have qualified under the proposed changes; Willie Frank III (Nisqually) asked the committee to create the proposed liaison position to help identify affected tribal members and records.

Carolina Mejia (Thurston County Commissioner) supported the bill, saying many of the relevant enforcement actions occurred locally and urging funding for meaningful legal assistance. Larry Jefferson, director of the Washington State Office of Public Defense, said OPD supports the proposal and provided a fiscal note of "just under $200,000" to create a hub and the tribal‑liaison position; he noted OPD currently lacks statutory authority to assist with existing vacaturs and that the bill does not create a right to counsel in active criminal cases.

Dr. Joseph Robertson, a data scientist and tribal citizen, shared three mapping exhibits to show which tribes and treaty areas would be implicated and urged the legislature to use geographic tools to identify potential beneficiaries of the vacatur process.

Asa, the Attorney General’s tribal liaison, said the AG’s office supports the bill in principle but offered language amendments to clarify process steps so judges understand how to review petitions. Committee members asked about the universe of affected convictions and whether the legislature could unilaterally vacate records. Staff and multiple witnesses explained that vacatur still requires judicial action: the bill provides a state pathway and resources to support applications to courts but does not supersede judicial authority.

The chair closed the record on HB 1982 and asked staff and interested parties to provide follow‑up materials the committee requested, including a better estimate of the population affected and the OPD implementation plan.