January 28, District Court: The Self-Represented Defendant and the Model Defendant
Court news by Angela Downs
PORT TOWNSEND, WA — January 28, in District Court, there again was a docket full of reckless driving cases, one of which presented a clear example of the behaviors and responses judges are looking for from defendants, and also two self-represented defendants.
The Jefferson County District Court holds limited jurisdiction over civil and criminal cases such as misdemeanors, gross misdemeanors, and traffic infractions. According to Washington Courts, seven out of eight cases filed at the District level are traffic infractions. The details of proceedings and jurisdiction can be convoluted and difficult to understand. Despite the difficult nature of the law, defendants choosing to represent themselves are still held to the same standards of conduct and familiarity with rules as a trained attorney.
When an older woman accused of failing to transfer the title of a vehicle, a misdemeanor with a penalty up to 90 days in jail or a thousand dollar fine, chose to represent herself, she led with a question of jurisdiction. Was the court functioning under common law or admiralty law?
After the judge didn’t respond to her question, the defendant made a motion to dismiss the case based on lack of evidence and lack of jurisdiction. Judge Mindy Walker denied the motion. Walker said for the record that if the defendant were to change her mind about representation, she would likely grant a request for an appointed attorney from Jefferson Associated Council, an independent non-profit 501(c)(3) law firm providing public defense in Jefferson County Courts since 2005. They set a date for her next hearing with time for her to get her evidence in order.
In the second self-represented case of the day, a younger woman on active probation in Edmonds had two DUIs within two weeks. With support from Chief Criminal Deputy Prosecuting Attorney Chris Ashcraft, her speeding ticket while driving with no insurance was dismissed, and the DUI from Jefferson County was amended to a reckless driving gross misdemeanor.
A man pleaded guilty to reckless driving where alcohol was involved. According to his attorney, he was taking the event seriously and was two months sober, attending classes for his six month substance abuse program, and completed his DUI impact form panel.
There are key behaviors that judges look for in defendants; genuine remorse and proactive rehabilitation carry a lot of weight in the decision making process. The defendant also had no criminal history, a family support system, cooperated at the scene, and was respectful in the courtroom. The judge said she appreciated how he was proactive and honest in his evaluation. He was given a 30 day suspension, 364 days in jail, state recommended active probation, and cannot go where alcohol or marijuana are the main items of sale.
