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Washington v. Anderson12/27/1993
In separate, unrelated cases, Devron Anderson and David C. Sampson requested reimbursement for "loss of time" and legal fees pursuant to RCW 9A.16.110. The trial court denied each request. Each man appealed, and the appeals were consolidated. We affirm Anderson's case and modify Sampson's.
In March 1990, Anderson fired his shotgun and killed a 14-year-old girl. The next day he was jailed for first degree murder. He remained in jail until the end of his trial.
Because Anderson was indigent, the trial court appointed the Pierce County Department of Assigned Counsel (DAC) to represent him. Soon, however, DAC withdrew due to a conflict of interest. The trial court substituted a self-employed attorney who had previously contracted with Pierce County to provide indigent defense services at the rate of $30 per hour plus costs.
Anderson went to trial, arguing self-defense. The jury acquitted. A supplemental postverdict proceeding was held, see RCW 9A.16.110(4), and the jury returned a special verdict finding, by a preponderance of evidence, that Anderson had acted in lawful defense of himself and his family.
Anderson then sought an order requiring the State to compensate him for the 202 days he had spent in jail. He reasoned that the first 8 hours of each day should be multiplied by $3.80 per hour, the federal minimum wage for "regular time". He further reasoned that the remaining 16
hours of each day should be multiplied by $7.50 per hour, the federal minimum wage for "overtime". He concluded he was entitled to $25,375.45 for "loss of time" while in jail.
Anderson also sought an order requiring the State to compensate him for legal fees. He reasoned that his court-appointed attorney had spent 165.3 hours preparing and presenting his defense, and that a reasonable rate of compensation was $150 per hour. He concluded his attorney was entitled to $24,795.
With respect to both loss of time and legal fees, Anderson relied on RCW 9A.16.110(2). It provides in part:
When a substantial question of self defense in such a case shall exist which needs legal investigation or court action for the full determination of the facts, and the defendant's actions are subsequently found justified under the intent of this section, the state of Washington shall indemnify or reimburse such defendant for all loss of time, legal fees, or other expenses involved in his or her defense. This indemnification or reimbursement is an award of reasonable costs which include loss of time, legal fees, or other expenses and is not an independent cause of action. The determination of an award shall be by the judge or jury at the discretion of the judge in the criminal proceeding. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence . . . .
The trial court denied relief. It construed RCW 9A.16.110 as a "statute of indemnification or reimbursement for the expenses directly borne by the defendant." It found no evidence that Anderson would have had income or earnings if not in jail. It found that Pierce County, not Anderson, had paid Anderson's legal fees and costs. It did not order Anderson to repay the County in whole or in part. It concluded, "Mr. Anderson is not entitled to any reimbursement or indemnification in this matter, since he has spent no funds nor lost any funds for which he should be reimbursed or indemnified." Anderson appealed.
Sampson's case is similar but not identical. On January 16, 1991, after ingesting co
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