Criminal Justice Reform

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Criminal Justice Reform

Supporting Those Impacted by Incarceration

The effects of mass incarceration on our society are all too evident: broken families, intergenerational poverty, recidivism, and racial inequity. Around the country, DWT attorneys and staff are working to undo these impacts in numerous ways, including seeking clemency and post-conviction relief for individuals subjected to our nation’s inequitable and broken criminal justice system. In 2023 alone, DWT attorneys devoted over 400 hours to this work, resulting in these positive outcomes:

Raised in a Washington state neighborhood rife with gang rivalries, Eric Bacolod was just 18 years old and three weeks into his first job at a Taco Bell when his life took a catastrophic turn. Leaving work one evening, Eric was involved in a confrontation with three teenagers and allegedly fired a handgun. None of the teenagers were physically harmed, and Eric maintained he was not the shooter, but he was still charged with first-degree assault, convicted by a jury, and sentenced to 40 years in prison.

Nearly three decades into Eric’s sentence, the Pierce County prosecutor agreed to petition for resentencing, following persistent lobbying by DWT attorneys Brendan Mangan and Christine C. Hawkins on Eric’s behalf. Brendan and Christine filed a joinder in support and presented oral argument at the hearing. The court reduced Eric’s sentence by nearly 12 years, approving his December 2023 release.

Unfortunately, because Eric was not a U.S. citizen and had a criminal record, he faced the threat of immediate deportation to the Philippines, the country he had left at age 4 with his mother and had never returned to since. In December 2023, in collaboration with co-counsel at the Seattle Clemency Project (SCP) and the Northwest Immigrant Rights Project, Brendan and Christine successfully petitioned the Washington Clemency and Pardons Board to recommend a pardon. Following Eric’s release from prison and immediate detention by U.S. Immigration and Customs Enforcement (ICE), Gov. Jay Inslee granted an expedited unconditional pardon. Just a few days later, U.S. Citizenship and Immigration Services terminated Eric’s removal order and he was released from ICE custody in time to spend the holidays with his family.

Raised in a Washington state neighborhood rife with gang rivalries, Eric Bacolod was just 18 years old and three weeks into his first job at a Taco Bell when his life took a catastrophic turn. Leaving work one evening, Eric was involved in a confrontation with three teenagers and allegedly fired a handgun. None of the teenagers were physically harmed, and Eric maintained he was not the shooter, but he was still charged with first-degree assault, convicted by a jury, and sentenced to 40 years in prison.

Nearly three decades into Eric’s sentence, the Pierce County prosecutor agreed to petition for resentencing, following persistent lobbying by DWT attorneys Brendan Mangan and Christine C. Hawkins on Eric’s behalf. Brendan and Christine filed a joinder in support and presented oral argument at the hearing. The court reduced Eric’s sentence by nearly 12 years, approving his December 2023 release.

Unfortunately, because Eric was not a U.S. citizen and had a criminal record, he faced the threat of immediate deportation to the Philippines, the country he had left at age 4 with his mother and had never returned to since. In December 2023, in collaboration with co-counsel at the Seattle Clemency Project (SCP) and the Northwest Immigrant Rights Project, Brendan and Christine successfully petitioned the Washington Clemency and Pardons Board to recommend a pardon. Following Eric’s release from prison and immediate detention by U.S. Immigration and Customs Enforcement (ICE), Gov. Jay Inslee granted an expedited unconditional pardon. Just a few days later, U.S. Citizenship and Immigration Services terminated Eric’s removal order and he was released from ICE custody in time to spend the holidays with his family.

Choch Chea served his full 50-month sentence for a crime he committed as a teenager. He has since spent nearly two decades as a law-abiding citizen, supporting his family. Yet because of his criminal record, Choch remained in danger of being deported to Cambodia, a country he left when he was two years of age, a refugee from the Khmer Rouge killing fields, and where he has no family, community, or means of supporting himself.

To eliminate the risk of deportation and stop the required yearly check-ins with ICE, there was just one solution, petitioning for a pardon. DWT’s Louisa Barash, in collaboration with her co-counsel, former Assistant U.S. Attorney Christina Fogg, and the SCP, won a pardon for Choch from the Washington State Clemency and Pardons Board. As the result of the pardon, the Board of Immigration Appeals terminated removal proceedings, and reinstated his lawful permanent resident status, removing the risk of deportation.

“This work has given me the honor of representing inspiring individuals who have refused to be defined by their worst mistakes, and have radically changed their lives for the better,” said Louisa.

Choch Chea served his full 50-month sentence for a crime he committed as a teenager. He has since spent nearly two decades as a law-abiding citizen, supporting his family. Yet because of his criminal record, Choch remained in danger of being deported to Cambodia, a country he left when he was two years of age, a refugee from the Khmer Rouge killing fields, and where he has no family, community, or means of supporting himself.

To eliminate the risk of deportation and stop the required yearly check-ins with ICE, there was just one solution, petitioning for a pardon. DWT’s Louisa Barash, in collaboration with her co-counsel, former Assistant U.S. Attorney Christina Fogg, and the SCP, won a pardon for Choch from the Washington State Clemency and Pardons Board. As the result of the pardon, the Board of Immigration Appeals terminated removal proceedings, and reinstated his lawful permanent resident status, removing the risk of deportation.

“This work has given me the honor of representing inspiring individuals who have refused to be defined by their worst mistakes, and have radically changed their lives for the better,” said Louisa.

Josh Frost was 22 years old, with an 8th-grade education and an addiction to drugs, when he committed a string of robberies that resulted in a nearly 55-year prison sentence. Given his young age, this sentence was excessive and disproportionate. But it motivated Josh to obtain not only a GED and an associate degree, but also to earn his paralegal certification. He has since drafted several legal appeals and won a lawsuit against the Department of Corrections for denying him a typewriter.

Given this incredible transformation, the SCP accepted his matter and recruited DWT’s Rachel Herd to represent Josh. In cooperation with the King County Prosecuting Attorney’s Office, Rachel helped support Josh’s release under a 2020 Washington state law that allows county prosecutors to petition for resentencing if the original sentence “no longer advances the interest of justice.” In 2023, Josh walked out of the Cedar Creek Corrections Center after 20 years behind bars.

 “Working with SCP you see the ability of people to transform their lives. It’s a unique opportunity,” said Rachel, who also served on the SCP board.

Josh Frost was 22 years old, with an 8th-grade education and an addiction to drugs, when he committed a string of robberies that resulted in a nearly 55-year prison sentence. Given his young age, this sentence was excessive and disproportionate. But it motivated Josh to obtain not only a GED and an associate degree, but also to earn his paralegal certification. He has since drafted several legal appeals and won a lawsuit against the Department of Corrections for denying him a typewriter.

Given this incredible transformation, the SCP accepted his matter and recruited DWT’s Rachel Herd to represent Josh. In cooperation with the King County Prosecuting Attorney’s Office, Rachel helped support Josh’s release under a 2020 Washington state law that allows county prosecutors to petition for resentencing if the original sentence “no longer advances the interest of justice.” In 2023, Josh walked out of the Cedar Creek Corrections Center after 20 years behind bars.

 “Working with SCP you see the ability of people to transform their lives. It’s a unique opportunity,” said Rachel, who also served on the SCP board.

In 2023, DWT hosted a series of legal clinics around the country to help those who have criminal convictions and were eligible for expungement expand their opportunities to seek employment and housing.

At these legal clinics, held in partnership with various organizations, including Root & Rebound (Oakland), Rising for Justice (D.C.), Legal Aid Foundation of Los Angeles, and the King County Bar Association’s Records Project (Washington state), volunteers from DWT, Amazon, Bloomberg, Cisco, Everyday Health, Flynn Group, TNTP, and T-Mobile helped prepare petitions to vacate criminal convictions and clean records.

In 2023, DWT hosted a series of legal clinics around the country to help those who have criminal convictions and were eligible for expungement expand their opportunities to seek employment and housing.

At these legal clinics, held in partnership with various organizations, including Root & Rebound (Oakland), Rising for Justice (D.C.), Legal Aid Foundation of Los Angeles, and the King County Bar Association’s Records Project (Washington state), volunteers from DWT, Amazon, Bloomberg, Cisco, Everyday Health, Flynn Group, TNTP, and T-Mobile helped prepare petitions to vacate criminal convictions and clean records.

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DAVIS WRIGHT TREMAINE LLP

Ability, integrity, and service to others – these are the three pillars on which Davis Wright Tremaine was built. As our founding partner once famously said, “…unless we are serving mankind to the top extent of our ability and putting our best talent into that service, what good is life?”

Learn More at DWT.COM/PRO-BONO

DAVIS WRIGHT TREMAINE LLP

Ability, integrity, and service to others – these are the three pillars on which Davis Wright Tremaine was built. As our founding partner once famously said, “…unless we are serving mankind to the top extent of our ability and putting our best talent into that service, what good is life?”

Learn More at DWT.COM/PRO-BONO

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