GORDON McCLOUD , J. 1 King County enacted a first-of-its-kind ordinance that requires electric, gas, water, and sewer utilities to pay for the right to use the county's rights-of-way, a right known as a franchise. King County refers to its planned charge as "franchise compensation," and the amount charged is based on an estimate of the franchise's value. If the county and utility cannot agree on an amount, the county will bar the utility from using its rights-of-way. 2 This case...
STEPHENS , J. 1 Respondent Evergreen Freedom Foundation (Foundation) filed a Public Records Act (PRA), chapter 42.56 RCW, request for the names and addresses of individuals who provide subsidized childcare under Washington's Working Connections Child Care program (WCCC). After the Foundation filed its request but before any records were released, voters passed an initiative exempting those names and addresses from PRA coverage and prohibiting agencies from releasing them. The question...
STEPHENS , J. 1 Petitioner Freedom Foundation (Foundation) filed a public records request for records relating to union organizing by several University of Washington (UW) faculty members. The UW asked one of these faculty members to search his e-mail accounts for responsive records and, after reviewing those records, gave notice that it intended to release many of them in the absence of an injunction. Respondent Service Employees International Union 925 (Union) initiated an action in...
FAIRHURST , C.J. 1 In this case, we consider whether a crime victim's statements to his medical providers were testimonial and, if so, whether their admission at trial violated the defendant's right of confrontation under the Sixth Amendment to the United States Constitution. 1 We hold that the victim's statements in this case were nontestimonial because they were not made with the primary purpose of creating an out-of-court substitute for trial testimony. We separately hold that there...
YU , J. 1 This case addresses the standards and procedures that apply when trial courts must determine whether an evidentiary hearing is necessary on a motion for a new trial based on allegations that jury deliberations were tainted by racial bias. We recognize that when allegations of juror misconduct arise after the verdict, trial courts have discretion to determine whether an evidentiary hearing is necessary. However, there are limits to that discretion, particularly in cases of...
GORDON McCLOUD , J. 1 The United States Supreme Court has tasked us with deciding whether the Washington courts violated the United States Constitution's guaranty of religious neutrality in our prior adjudication of this case. We have fully reviewed the record with this issue in mind, and we have considered substantial new briefing devoted to this topic. We now hold that the answer to the Supreme Court's question is no: the adjudicatory bodies that considered this case did not act with...
OWENS , J. 1 Time Rikat Meippen was a juvenile when he was convicted in adult court of first degree assault, first degree robbery, and second degree unlawful possession of a firearm. The trial court sentenced Meippen to the top of the standard sentencing range and imposed a firearm sentence enhancement. Several years after Meippen's sentencing, this court decided State v. Houston-Sconiers. 1 In Houston-Sconiers, this court held that when sentencing a juvenile in adult court, a trial...
Gonz lez , J. 1 We are asked to decide whether, in the absence of a prior interlocal agreement, a county is entitled to seek reimbursement from cities for the cost of medical services provided to jail inmates who were (1) arrested by city officers and (2) held in the county jail on felony charges. We conclude it is not and accordingly affirm. BACKGROUND 2 In Washington State, cities, towns, and counties are empowered to enact criminal codes, employ law enforcement officers, and operate...
