Tomorrow's opinions, August 20, 2009
In re Larry Botimer, No. 200,625-6 (briefs and argument). This case concerns a decision by the Washington State Bar to suspend Botimer's license to practice law. The suspension was based upon findings by the Bar that Botimer violated conflict of interest rules, disclosed client confidences and disclosed that a tax return he prepared for a client was discovered later to be fraudulent.
In re PRP of Mattson, No. 81324-8 (briefs and argument). The question is whether the Department of Corrections may refuse to consider the community custody transition plan of a sex offender who has been found, after an evaluation, to meet the criteria for commitment as a sexually violent predator. Mattson argues his right to release to community under terms of the early release statute, while DOC says Mattson’s plan was properly denied under statute.
Morgan v. Federal Way, et al., No. 81556-9 (briefs and argument). The City of Federal Way hired attorney Amy Stephson to investigate a complaint of a hostile work environment at the municipal court. The News Tribune requested a copy of the report under the Public Records Act, and Judge Michael Morgan, the subject of the complaint, filed a petition to prevent its disclosure. He argued that it was protected by the work product and attorney-client privilege exemptions to the Act, and by a general “separation of powers” that prevents the Act from being applied to judicial documents. The Supreme Court has already ordered the release of the Stephson report. The opinion issued tomorrow will provide the rationale for releasing the document.
State v. Rivera-Santos, No. 81445-7 (briefs and argument). This case arises from an appeal to a Clark County Superior Court decision. The defendant was observed driving under the influence of alcohol in Clark County, and a police chase ensued that didn't end until Oregon officers stopped him in Portland. Rivera-Santos was convicted of a DUI in Oregon, and the question before the court is whether the defendant's constitutional right against double jeopardy prevents him from being convicted for the same crime in Washington state. The trial court believed it was double jeopardy, and dismissed the case, the superior court disagreed. The defendant appealed directly to the Supreme Court, asking for review as a matter of great public interest.
