deanf
Regular Member
imported post
From Washington Courts website, Criminal Rules for Courts of Limited Jurisdiction
http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=CrRLJ&ruleid=cljcrrlj2.1
It continues on at the link.
This rule may have been struck down as unconstitutional by the State Court of Appeals Div. I, under docket 264122, but I can't find anything online about that case.
The case was appealed to the State Supreme Court under docket 81295-1 in 2009. The Supreme Court declined to hear the appeal.
The relevant case or docket numbers are:
Spokane County District Court CC1 and CC2
Spokane County Superior Court 07-1-01318-1
Court of Appeals Div. I 264122
State Supreme Court 81295-1
The only document relating to this case that I can find on-line is this AMENDED AMICUS CURIAE BRIEF filed in the Supreme Court appeal by the Animal Legal Defense Fund.
I've searched all ways at courts.wa.gov and at legalwa.org. Maybe someone else has mastered the search techniques at these site and can dig up something else?
My Point:
It may be constitutional under this court rule for a citizen to file his own criminal complaint, independent of a city attorney or county prosecutor. Or the State Court of Appeals Div. I may have ruled it unconstitutional. Let's see if we can figure it out.
From Washington Courts website, Criminal Rules for Courts of Limited Jurisdiction
http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=CrRLJ&ruleid=cljcrrlj2.1
(c) Citizen Complaints. Any person wishing to institute a criminal action
alleging a misdemeanor or gross misdemeanor shall appear before a judge
empowered to commit persons charged with offenses against the State, other than
a judge pro tem. The judge may require the appearance to be made on the
record, and under oath. The judge may consider any allegations on the basis of
an affidavit sworn to before the judge. The court may also grant an opportunity
at said hearing for evidence to be given by the county prosecuting attorney or
deputy, the potential defendant or attorney of record, law enforcement or other
potential witnesses. The court may also require the presence of other
potential witnesses.
It continues on at the link.
This rule may have been struck down as unconstitutional by the State Court of Appeals Div. I, under docket 264122, but I can't find anything online about that case.
The case was appealed to the State Supreme Court under docket 81295-1 in 2009. The Supreme Court declined to hear the appeal.
The relevant case or docket numbers are:
Spokane County District Court CC1 and CC2
Spokane County Superior Court 07-1-01318-1
Court of Appeals Div. I 264122
State Supreme Court 81295-1
The only document relating to this case that I can find on-line is this AMENDED AMICUS CURIAE BRIEF filed in the Supreme Court appeal by the Animal Legal Defense Fund.
I've searched all ways at courts.wa.gov and at legalwa.org. Maybe someone else has mastered the search techniques at these site and can dig up something else?
My Point:
It may be constitutional under this court rule for a citizen to file his own criminal complaint, independent of a city attorney or county prosecutor. Or the State Court of Appeals Div. I may have ruled it unconstitutional. Let's see if we can figure it out.