Justia Washington Supreme Court Opinion Summaries

In 2017, John Jackson Sr. was charged with assault in the second degree, domestic violence, for strangling his fiancee. At every court appearance, Jackson was forced to wear some form of restraints pursuant to jail policy. The trial court did not engage in any individualized determination of whether restraints were necessary for courtroom safety but, instead, filed a consolidated opinion adopting the jail policy for all superior court appearances for all incarcerated defendants. After a jury found Jackson guilty, he appealed, arguing that his constitutional right to due process was violated for being forced to wear restraints without an individualized inquiry into their necessity. The Court of Appeals concurred with this argument, but held the violation was harmless beyond a reasonable doubt. With respect to the latter portion of the appellate court's holding, the Washington Supreme Court revered, finding the State did not prove the harmlessness of the shackling, and did not show the error to be harmless beyond a reasonable doubt. The matter was remanded for a new trial with instructions that at all stages of the proceedings, the trial court make an individualized inquiry into whether shackels or restraints were necessary. View "Washington v. Jackson" on Justia Law

The issue this case presented for the Washington Supreme Court's review centered on whether petitioners-parents waived the marital counseling privilege when they filed a claim for damages against the doctors who treated their infant son on the ground that the child was misdiagnosed with cancer. Prior to the alleged misdiagnosis, Brian and Emily Magney had engaged in and completed marital counseling. Defendant doctors sought discovery of the records, but the Magneys filed a motion for a protection order to prevent disclosure given that the records were privileged. The superior court denied the motion and ordered disclosure. analogizing the marital counseling privilege to the psychologist-client privilege, which the Court of Appeals has held is automatically waived when emotional distress is at issue. The Supreme Court reversed the superior court, holding the Magneys did not automatically waive privilege because filing a lawsuit is not one of the enumerated exceptions under the "marital counseling" privilege statute. The Court could not determine on the record whether the privilege was impliedly waived by the actions of the Magneys at this point in litigation. The matter was remanded to the superior court for an in camera review of the records and evidence the parties submitted to determine whether the privilege was impliedly waived. View "Magney v. Pham" on Justia Law

Granite Northwest sought to expand its mining operations in Yakima County, Washington. The Confederated Tribes and Bands of the Yakama Nation (Yakama) opposed the expansion, arguing it would disturb ancient burial grounds and a dedicated historical cemetery. Despite these objections, Yakima County issued a conditional use permit and a State Environmental Policy Act (SEPA), ch. 43.21C RCW, mitigated determination of nonsignificance to Granite Northwest. Yakama challenged both in superior court. The court later stayed the SEPA challenge while Yakama exhausted its administrative appeal of the conditional use permit as required by the Yakima county code. In Yakama’s administrative appeal, the hearing officer modified the conditional use permit to require a separate permit from the Washington State Department of Archaeology and Historic Preservation but affirmed Yakima County’s issuance of the permit. Yakama appealed the hearing examiner’s decision to the county board of commissioners. On April 10, 2018, at a public meeting where Yakama representatives were present, the board passed a resolution affirming the hearing officer’s decision and denying Yakama’s appeal. Three days later, a county planner sent an e-mail and letter to Yakama with the resolution attached. The letter noted the county code required written notification of the decision and stated that the administrative appeal had been exhausted. On May 2, 2018, 22 days after the resolution was adopted and 19 days after the county planner’s letter, Yakama filed a new petition in superior court. Yakima County and Granite Northwest (collectively, Granite NW) moved to dismiss the second petition as untimely under RCW 36.70C.040(4)(b) because the 21-day filing period began on the date the board of commissioners passed its resolution and Yakama’s petition was 1 day late. Granite NW also moved to dismiss the previously stayed petition, arguing the stay was conditional on Yakama timely filing its administrative appeal. Yakama responded that RCW 36.70C.040(4)(b) was inapplicable and instead RCW 36.70C.040(4)(a) governed the filing period, which began when the county planner transmitted the written resolution to Yakama. The superior court agreed with Yakama, finding Yakama’s land use petition was timely filed, and accordingly, did not dismiss Yakama’s earlier petition. The Court of Appeals reversed in an unpublished decision, concluding the later petition was not timely and did not address the previously stayed petition. After review, the Washington Supreme Court concluded Yakama's petition was timely filed. The Court of Appeals was reversed. View "Confederated Tribes & Bands of the Yakama Nation v. Yakima County" on Justia Law

The plaintiff class in this case sued the State of Washington and the Office of Public Defense (OPD), alleging ongoing violations of the right to counsel in Grays Harbor County Juvenile Court. They premised state liability not only on alleged systemic, structural deficiencies in the state system, but also on the State and OPD’s alleged knowledge of Grays Harbor County’s specific failures to safeguard the constitutional right to counsel. The Washington Supreme Court determined that while the State bears responsibility to enact a statutory scheme under which local governments can adequately fund and administer a system of indigent public defense, it was not directly answerable for aggregated claims of ineffective assistance of counsel. Rather, to prevail on their claims against the State, the plaintiff class had to show that the current statutory scheme systemically failed to provide local governments, across Washington, with the authority and means necessary to furnish constitutionally adequate indigent public defense services. Given that standard, the Supreme Court rejected plaintiffs’ claims premised on the State and OPD’s alleged knowledge or awareness of Grays Harbor County’s failure to provide adequate public defense services. “Such an allegation cannot support state liability even if we could fairly impute knowledge or awareness or awareness of a particular county’s failings to the State. Plaintiffs’ claims alleging systemic, structural deficiencies in the public defense system remained viable. Therefore, the Court affirmed the superior court’s denial of the State’s motion for summary judgment in part, and remanded the matter for further proceedings. View "Davison v. Washington" on Justia Law

The United States District Court for the Western District of Washington certified two questions to the Washington Supreme Court in connection with the meaning of the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW. The federal trial court asked: (1) whether a school district was subject to strict liability for discrimination by its employees in violation of the WLAD; and (2) if yes, then did "discrimination," for the purposes of this cause of action, encompass intentional sexual misconduct, including physical abuse and assault? Gary Shafer was hired by the Olympia School District in 2005 as a school bus driver. It was undisputed that Shafer, during his employment, abused passengers on school buses, including P.H. and S.A., the minor plaintiffs in this case. Plaintiffs sued the school district in federal court, naming multiple defendants, and claiming both state and federal causes of action. Defendants moved for summary judgment, which was granted in part and denied in part. In response to the Washington Supreme Court's decision in Floeting v. Group Health Cooperative, 434 P.3d 39 (2019), plaintiffs successfully moved to amend their complaint to include a claim under the WLAD. The amended complaint alleges that the minor plaintiffs’ treatment constituted sex discrimination in a place of public accommodation. The Supreme Court answered "yes" to both certified questions: a school district may be subject to strict liability for discrimination in places of public accommodation by its employees in violation of the WLAD; and under the WLAD, discrimination can encompass intentional sexual misconduct, including physical abuse and assault. View "W.H. v. Olympia School Dist." on Justia Law

The city of Federal Way (City) is a noncharter code city incorporated under Title 35A RCW. To address a budget deficit, the City identified and implemented cost-saving measures, but the spending cuts did not close the deficit. The City thus considered several potential sources of new revenue, including levying an excise tax on water and sewer utilities. The council found it necessary to expand the kinds of excises levied in order to pay for basic municipal services and to meet the budget deficit. In passing the ordinance, the council relied on RCW 35A.82.020, which it concluded gave the City broad authority to impose excises for regulation or revenue regarding all places and kinds of businesses. The issue this case presented for the Washington Supreme Court's review reduced to a decision on a municipal corporation's authority to impose an excise tax on another municipal corporation doing business within its borders. Several water-sewer districts petitioned for declaratory judgment, arguing the City lacked express legislative authority to impose the tax on them. The districts also raised a governmental immunity defense, and further challenged the ordinance on constitutional grounds, arguing it violated both due process vagueness principles and privileges and immunities antifavoritism principles. The parties cross moved for summary judgment, and the superior court granted summary judgment in the City’s favor. The Washington Supreme Court affirmed, finding the legislature granted code cities broad authority to levy excises on all places and kinds of business. "That policy prescription contemplates code cities may choose to exercise their local taxing power by imposing excises for regulation or revenue on the business of providing water-sewer services to ratepayers. We hold the governmental immunity doctrine does not bar the city from taxing the districts because they perform a proprietary function when they engage in this business. As for the districts’ constitutional claims, they lack standing to bring such claims." View "Lakehaven Water & Sewer Dist. v. City of Federal Way" on Justia Law

Jeoung Lee filed a putative class action lawsuit against her former employer, King County Public Hospital District No. 2 d/b/a Evergreen Hospital Medical Center1 (Evergreen). Lee alleged Evergreen failed to give rest and meal breaks in accordance with Washington law. After nine months of litigation and the addition of a second named plaintiff, Evergreen moved to compel arbitration, alleging that the claims were covered under the collective bargaining agreement (CBA) between Evergreen and the Washington State Nurses Association (WSNA) that governs nurse employment. The trial court denied the motion to compel arbitration, and the Court of Appeals affirmed. The Washington Supreme Court affirmed the Court of Appeals on the ground that Evergreen waived the right to compel arbitration, and remanded to the superior court for further proceedings. Because it affirmed on the ground of waiver, the Supreme Court declined to reach the issue of whether the claims were statutory or contractual under the CBA. View "Lee v. Evergreen Hosp. Med. Ctr." on Justia Law

The issue case raised centered whether the Washington Department of Social and Health Services (Department) fulfilled its statutory obligation under RCW 13.34.180(1)(d) to provide a mother necessary services before terminating her parental rights. B.B., the mother of D.H., S.T., L.L., and T.L., had her parental rights terminated after a nearly three-year long dependency. B.B. contended that the Department failed to provide her timely dialectical behavior therapy (DBT) and neuropsychological services and that the parenting education services she received were not properly tailored to her mental health needs. A Court of Appeals commissioner affirmed the termination, finding that the Department provided and properly tailored all necessary services to B.B. After review, the Washington Supreme Court affirmed, finding substantial evidence supported the trial court’s finding that all necessary and ordered services were offered or provided. View "In re Parental Rights to D.H." on Justia Law

Richard and Debra Plein sued USAA Casualty Insurance Company, alleging insurance bad faith. The Pleins hired three attorneys, two of whom were members of the Keller Rohrback LLP lawfirm (Keller), to represent them. But Keller had previously defended USAA in bad faith litigation for over 10 years. Under the Rules of Professional Conduct, Keller would have been barred from representing the Pleins if the prior representation was in a matter "substantially related" to the Plein matter. Interpreting the "substantially related" language in the Rules of Professional Conduct was one of first impression for the Washington Supreme Court. The Court held that under RPC 1.9(a), USAA failed to show a "substantial risk" that Keller obtained 'confidential factual information" that would 'materially advance" the Pleins’ case. Accordingly, Keller did not represent former client USAA on any matter "substantially related" to the instant case. The Court therefore reversed the Court of Appeals decision that disqualification was required, and reinstated the trial court’s order that disqualification was not required. View "Plein v. USAA Cas. Ins. Co." on Justia Law

After six years of marriage, Michael Petelle filed a petition to dissolve his marriage to petitioner, Michelle Ersfeld-Petelle, having separated on January 27, 2017. The parties, both represented by counsel, executed a separation contract and CR 2A agreement on February 14, 2017. The contract divided assets and liabilities, contained an integration clause, and required all modifications to be in writing. In the contract, the parties agreed “to make a complete and final settlement of all their marital and property rights and obligations on the following terms and conditions.” The contract also provided that the “contract shall be final and binding upon the execution of both parties, whether or not a legal separation or decree of dissolution is obtained[,]” and, by its terms, the contract remained valid and enforceable against the estate of either party if either party died after the execution of the contract. Though the contract contained a “Full Satisfaction of All Claims” section, the right to intestate succession was not mentioned. Petitioner claimed that she and Michael were contemplating reconciliation, citing an e-mail Michael sent to his attorney requesting an extension to the “closing date” of the divorce. Before any reconciliation or dissolution occurred, Michael died intestate on May 1, 2017. The issue this case presented for the Washington Supreme Court's review centered on whether Michelle, as surviving spouse, agreed in a separation contract to give up her right to intestate succession under RCW 11.04.015. Petitioner sought reversal of a published Court of Appeals opinion reversing the trial court’s denial of a motion to terminate her right to intestate succession in Michael's estate. After review, the Supreme Court concluded that under the terms of the contract, petitioner expressly waived her right to intestate succession. View "In re Estate of Petelle" on Justia Law