Washington State Dept Of Licensing, V. Terence R. Johnson, 81646-2

Background

In 2014 Johnson pled guilty to DUI in Kirkland and was assessed $4,068.91 in legal financial obligations (LFOs); failure to pay could lead to collections and suspension of driving privileges.
After a Chapter 13 bankruptcy temporarily stayed collection actions and lifted a prior DOL suspension, the bankruptcy was dismissed in July 2017 and the LFOs again became due.
Johnson, then caring for his ill father and claiming indigency, went to Kirkland court in August 2017; staff directed him to submit a written request to recall LFOs from collections and delay payments. He submitted a letter, but Kirkland did not hold a hearing or respond and later reported him to the Department of Licensing (DOL).
DOL suspended Johnson’s license in February 2018 for failure to resolve the debt; Johnson later sued DOL in King County Superior Court alleging due process violations and seeking relief.
During the COVID-19 pandemic Johnson could not timely obtain municipal records or file a timely opposition to DOL’s summary judgment motion (and he suffered a stroke). The superior court initially granted summary judgment, vacated that order on reconsideration, then denied Johnson’s request for a continuance and again granted summary judgment.
The Court of Appeals held the superior court abused its discretion in denying the continuance under CR 56(f), reversed the summary judgment order, and remanded for a new summary judgment hearing allowing Johnson additional discovery.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the superior court abused its discretion by denying a CR 56(f) continuance to obtain municipal records and other discovery	Johnson: COVID-19 court/library closures and a recent stroke prevented timely access to records; he needed a continuance to obtain Kirkland records that would oppose summary judgment	DOL: Johnson had ample time and failed to show what specific evidence would be obtained or how it would create a genuine issue	Court of Appeals: Abuse of discretion; emergency local order allowed liberal continuances for COVID-related delays; remanded for a new summary judgment hearing to permit discovery
Whether DOL’s suspension violated due process by acting before Kirkland considered Johnson’s indigency	Johnson: Kirkland never afforded a hearing on indigency before reporting him; suspension thus deprived him of due process and punished indigency	DOL: Statute required suspension upon court notice of nonpayment; municipal court (not DOL) is the proper forum to consider ability to pay	Court: Did not resolve merits; found the municipal records Johnson sought were central to the due process claim and reversal of the continuance denial was required so the claim can be litigated with discovery
Whether the municipal records Johnson sought could create a genuine issue of material fact	Johnson: Records would show he timely requested relief and that Kirkland failed to consider indigency before referral to DOL	DOL: Even if requested, Kirkland’s actions did not change DOL’s statutory duty to suspend upon notice	Court: Records were material to Johnson’s Bearden-based due process claim; their absence made denial of continuance improper
Whether the superior court properly applied its local COVID emergency order and CR 56 procedures	Johnson: Emergency Order #15 contemplated liberal continuances for COVID-related difficulties and procedures for telephonic argument; he requested relief consistent with that order	DOL: Court followed Emergency Order #15 in deciding motions without oral argument; no basis to delay	Court: The superior court inconsistently applied the emergency order’s liberal continuance policy and CR 56(f); that error warranted reversal

Key Cases Cited

West v. Seattle Port Comm’n, 194 Wn. App. 821 (2016) (standard and abuse-of-discretion review for CR 56(f) continuance requests)
State v. Johnson, 179 Wn.2d 534 (2014) (due process protections for indigent defendants and limits on punishing inability to pay)
Bearden v. Georgia, 461 U.S. 660 (1983) (due process and equal protection forbid revoking liberty for inability to pay fines without inquiry into alternatives)
Elcon Constr., Inc. v. E. Wash. Univ., 174 Wn.2d 157 (2012) (summary judgment review: view facts in light most favorable to nonmoving party)
Coggle v. Snow, 56 Wn. App. 499 (1990) (factors for denying continuance to obtain evidence opposing summary judgment)