To admit evidence of a breath test in a Washington criminal case, the state must produce prima facie evidence of certain facts, including that the tested person did not have any foreign substances in their mouth in the fifteen minutes before the test. RCW 46.61.506. The state can make this…
Individuals facing Washington criminal charges have a due process right to a “fair trial in a fair tribunal.” A person’s due process rights may be violated if the court acts as an advocate instead of a neutral arbiter. A juvenile recently challenged his conviction after the trial judge questioned the…
The U.S. Supreme Court has denied the government’s emergency applications for partial stays of the preliminary injunctions against the new Title IX Final Rule while the appeals are pending in the Fifth and Sixth Circuits. The preliminary injunctions are not nationwide, but apply only to the plaintiffs. The government argued…
Washington spousal maintenance is intended to equalize the parties’ standard of living for an appropriate period. Pursuant to RCW 26.09.090, a court may order spousal maintenance in an amount and for the period it deems just after it has considered all relevant factors, including: the financial resources of the requesting…
The U.S. and Washington Constitutions generally protect individuals from unlawful searches. Although individuals on parole or probation have somewhat diminished privacy rights, there are still limitations on when they can be searched. A defendant recently appealed his conviction, arguing the search of his vehicle was improper. According to the appeals…
The Department of Justice (“DOJ”) has requested a partial stay of the preliminary injunctions against the new Title IX Final Rule in two lawsuits involving a total of ten states. The requests to the U.S. Supreme Court involve the injunction applicable to the states of Tennessee, Kentucky, Ohio, Indiana, Virginia,…
A trial court generally can only modify a Washington parenting plan if it finds, based on new facts since the prior plan, that there has been a substantial change in circumstances of the nonmoving party or the child. The court must also find the modification is in the child’s best…
A wife recently appealed a trial court’s decision not to grant a domestic violence protection order (“DVPO”) in a divorce proceeding. She argued that RCW 7.105.225(1)(a) required the court to issue the DVPO after a finding of domestic violence and that the court incorrectly interpreted the statute to require it…
Two federal courts have granted preliminary injunctions enjoining the Department of Education (“Department”) from implementing or enforcing the new Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance in certain states. The States of Louisiana, Mississippi, Montana, and Idaho filed suit in…
In some circumstances, a Washington juvenile court may decline or waive jurisdiction and transfer a case, resulting in the juvenile being tried as an adult. The U.S. Supreme Court set forth the factors to be considered by a juvenile court in making a decision to decline jurisdiction in Kent v.…