WA Legal Roundup: Division III
McMillan was a convicted sex offender. After 10 years of treatment, he petitioned the court to be relieved of his statutory registration requirement. The court granted the petition and the State appealed arguing that McMillan failed to show by clear and convincing evidence that continued registration no longer served the purpose of the registration statutes.
The State contended that the trial court failed to make a finding either in its written findings or its oral ruling that McMillan presented clear and convincing evidence. However, the statute does not require the trial court to make a written finding that the petitioner has met his burden. Thus the Court of Appeals reviewed the oral ruling and found sufficient evidence of the trial court’s finding of clear and convincing evidence. The State also challenged that there was in deed clear and convincing evidence. Division III found that McMillan did meet his burden and there was clear and convincing evidence that future registration as a sex offender will not serve a statutory purpose. I have to wonder if the State perhaps pursued this appeal out of respect for the victim(s).