City of Tacoma v. Myhre
Docket: No. 5352-7-II
Court: Court of Appeals of Washington; July 14, 1982; Washington; State Appellate Court
The City of Tacoma appealed the Superior Court's decisions that denied its motion to dismiss a defendant's appeal from municipal court and subsequently dismissed the charges against the defendant. The court affirmed the lower court's rulings. The defendant was cited for DWI on June 19, 1980, and asserted his right to contact an attorney at the police station. After being allowed to make a call to his attorney's office without a response, he requested to call his mother for the attorney's home number, which was denied by the officers. Consequently, he did not contact an attorney that night. The defendant was convicted in Tacoma Municipal Court and filed a timely appeal. However, he failed to note the case for trial within the required 20 days after the municipal court transcript was filed, leading to a potential dismissal of the appeal. The Superior Court allowed the case to be noted for trial after the deadline due to a clerical error in the defense counsel's office that caused a one-week delay, which the City claimed did not result in any prejudice. The court found the delay excusable, adhering to the policy of favoring the right to appeal. The ruling referenced JCrR 10.01(b), which gives the court discretion to allow trial noting past the deadline for good cause shown. It also emphasized the police's obligation under JCrR 2.11(c)(2) to facilitate a DWI suspect's contact with an attorney promptly. The court determined that allowing only one attempt to contact the attorney was insufficient and that denying the request for a second call violated the rules and principles established in prior case law (State v. Fitzsimmons). The court affirmed the dismissal of charges, highlighting the legal obligations of law enforcement to ensure access to legal counsel for suspects in custody. The document includes references to relevant rules governing trial noting and the consequences of failing to meet such requirements, which have since been amended.