convicted Michael Hecht of patronizing a prostitute and
felony harassment. This court subsequently reversed his
convictions. The State declined to retry him.
brought a motion under RAP 12.8 for restitution of his court
imposed financial obligations, as well as his legal fees,
deterioration of emotional and physical health, and
unwarranted community service and community supervision. The
trial court awarded only a small portion of his requested
restitution. Hecht appeals the trial court's denial of
the majority of the restitution sought in the motion. We
affirm in part, and reverse in part, and remand for an award
of the cost of the prostitution class (John School) to Hecht
was a Washington State superior court judge. In October 2009,
a jury convicted him of patronizing a prostitute and felony
harassment. The trial court sentenced him to 240 hours of
community service and 12 months of community custody. Hecht
was required to attend John School, pay legal financial
obligations (LFOs), and obtain a human immunodeficiency virus
(HIV) test. As a result of his convictions, he was forced to
resign from his judgeship and stipulate to disbarment by the
Washington State Bar Association. Hecht fully satisfied his
February 2014, this court reversed Hecht's convictions
due to prosecutorial misconduct during closing arguments. The
State declined to retry the case and, in June 2014, the trial
court signed an order to dismiss the charges without
prejudice ex parte.
2016, Hecht filed a motion under RAP 12.8 requesting $1, 600,
747.25 in restitution from the State. This sum included the
LFOs, as well as the cost of John School, blood testing, and
community service hours required by the judgment and
sentence. He requested recompense for attorney fees for the
original case and the motion for restitution. He also sought
compensation for lost income, deterioration of his physical
and emotional health, future expenses to restore his law
license, and time spent under unwarranted community
James Cayce was the trial judge. At the hearing on his
restitution motion, Hecht filed an affidavit of prejudice and
made a motion for recusal of Judge Cayce.
alleged that Judge Cayce was prejudiced in his ability to
hear the restitution motion because "Judge Cayce clearly
has made up his own mind about myself and was rude and
insensitive to my family." Hecht had also filed a complaint
to the Judicial Qualifications Commission because Judge Cayce
entered the ex parte order of dismissal without prejudice.
The trial court denied both the affidavit of prejudice and
the motion for recusal.
trial court ordered restitution of $2, 050.00 for the money
Hecht had paid for the LFOs and the court ordered blood draw.
The trial court denied Hecht's other requested
restitution. The court determined that Hecht benefitted from
John School and would be unjustly enriched by restitution of
the $750 tuition. The trial court concluded that it did not
have discretion to award Hecht's other requested
State argues that Hecht cannot appeal this case because his
claim lacks finality. According to the State, this
postdismissal order on restitution is not a final judgment
because it does not settle the issues in the case. The State
further contends that the only final judgment in a criminal
case concerns the guilt or innocence of the defendant, which
the present order does not address. The State also argues
that Hecht's criminal judgment "disappeared"
after his case was dismissed. We disagree with the ...