Legal Opinion

City of Seattle v. Fuller

Washington Supreme Court

Decided May 2, 2013No. 86148-0Published

1DissentWiggins, J.

¶31 (dissenting) — Washington courts have no inherent power to impose restitution obligations in criminal cases but may do so only when the legislature has specifically authorized restitution by statute. The legislature has created several types of restitution, each governed by its own statute. It necessarily follows that a court can impose only the specific type of restitution authorized by the applicable statute. The majority today ignores this inescapable conclusion and grants the Seattle Municipal Court (SMC) the power to impose restitution in addition to a fine, a power expressly…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. State v. J.P.Washington Supreme Court · 2003
  2. Kilian v. AtkinsonWashington Supreme Court · 2002
  3. Pierce County v. GuillenSupreme Court of the United States · 2003
  4. State v. DavisonWashington Supreme Court · 1991
  5. State v. ChesterWashington Supreme Court · 1997

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