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Dismissal for Court Mismanagement is Available under CrRLJ 8.3

Monday, February 17, 2020 8:36 AM | Anonymous member

In State v. Jieta, the defendant was charged with malicious mischief in district court.  Over the next 15 months that court attempted 14 different pretrial hearings.  The problem was the Marshallese interpreter failed to appear by phone or in person repeatedly.  Of the 14 pretrials, the interpreter failed to appear 10 times.  On the defense motion, the trial court found CrRLJ 8.3 applied to the court as well as to the prosecution and that the mismanagement affected the defendant's rights.  The trial court dismissed the charges.  On appeal, the Superior Court affirmed and the Court of Appeals agreed.  The court is subject to CrRLJ 8.3 for mismanagement along with the prosecution.   

Whether the proper remedy for violation is dismissal remains an open question.  The COA declined to review that question.  

State v. Jieta (2020)

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