Probst v. DRS
Thurston County Superior Court
Civil Case No. 05-2-00131-1
Daily Interest Taken From Over 25,000 School Teachers
As a matter of both common law and constitutional law, interest earned on accounts belongs to the account holders. Phillips v. Washington Legal Foundation, 524 U.S. 156, 168 (1998).
In Washington State it is mandated government service for counties to provide legal defense to indigent persons for whom the right to counsel is constitutionally required. King County provides indigent legal defense services through contracts with the Associated Counsel for the Accused (ACA) and other agencies such as TDA, SCRAP and NDA.
Kevin Dolan is a lawyer paid through ACA to perform indigent defense services for King County. He is entitled to membership and benefits in the Public Employees Retirement System (PERS), but King County failed to report him and others to the Department of Retirement Services (DRS) and failed to make retirement contributions to DRS.
The Supreme Court agreed with plaintiffs on August 18, 2011. The Supreme Court held that "the employees of the defender organizations are employees of the county for the purposes of PERS." 172 Wn.2d at 320. Read the Supreme Court's Opinion in the Case Documents section below.