State v. Oakley

72 P.3d 1114, 117 Wash. App. 730
CourtCourt of Appeals of Washington
DecidedJuly 21, 2003
Docket50782-6-I, 50783-4-I
StatusPublished
Cited by10 cases

This text of 72 P.3d 1114 (State v. Oakley) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Oakley, 72 P.3d 1114, 117 Wash. App. 730 (Wash. Ct. App. 2003).

Opinion

72 P.3d 1114 (2003)
117 Wash.App. 730

STATE of Washington, Appellant,
v.
James Gregory OAKLEY, Respondent.
State of Washington, Appellant,
v.
Cynthia Chadwick and Robert M. Asui, Respondents.

Nos. 50782-6-I, 50783-4-I.

Court of Appeals of Washington, Division 1.

July 21, 2003.

*1116 Christy J. Craig, King County Deputy Pros. Atty., Seattle, WA, for Appellant.

Peter A. Camiel, Mair & Camiel, P.S., Seattle, WA, for Respondent James Gregory Oakley.

William A. Bowman, Andrea T. King, Fox, Bowman, Duarte, PLLC, Bellevue, WA, for Respondent Cynthia Chadwick.

Terri Ann Pollock, Attorney at Law, Seattle, WA, for Respondent Robert M. Asui.

*1115 COLEMAN, J.

The State demanded jury trials for each of the misdemeanor defendants in this case. The district court denied each demand because the defendants waived their rights to a jury trial and elected instead to proceed with a bench trial. The State filed writs of certiorari with the superior court. The superior court denied the writs, ruling that Washington statutes and court rules do not grant the State the right to demand a jury trial over a defendant's objection, and to the extent they do so, they violate the state constitution. We reverse. Washington statutes unambiguously require district courts to hold a jury trial when the State demands one. And those statutes are not unconstitutional because the Washington Constitution only guarantees defendants a jury trial, not the right to demand a bench trial.

FACTS

In three separate matters, the State filed misdemeanor charges against James Oakley, Cynthia Chadwick, and Robert Asui. In each case, the defendants signed a written waiver of their right to jury trial, but the State made a timely demand for a jury trial under CrRLJ 6.1.1. A district court judge denied each of the State's jury trial demands. The State filed writs of certiorari in the superior court for each case. The superior court consolidated the three cases for oral argument. After hearing argument, the superior court denied the State's writs. This court granted discretionary review and consolidated the cases on appeal in order to address the significant question of constitutional law and public interest they raise.

STATUTORY INTERPRETATION

Respondents first argue that Washington statutes and court rules are ambiguous or in conflict as to whether, in criminal cases, a district court must impanel a jury when the State demands one and the defendant objects. But the legislature's intent is not ambiguous. The State has a statutory right to *1117 demand a jury trial in district court, even over a defendant's objection.

When construing a statute, our goal is to give effect to the legislature's intent. We look first to the statute's plain language. Cockle v. Dep't of Labor & Indus., 142 Wash.2d 801, 807, 16 P.3d 583 (2001). When a statute's language is unambiguous, we will not alter its plain meaning by construction. State v. Bostrom, 127 Wash.2d 580, 586-87, 902 P.2d 157 (1995).

Where two criminal statutes, when read together, are susceptible to more than one reasonable, but irreconcilable, interpretation, the rule of lenity applies. Under that rule, we strictly construe the statutes in favor of the defendant. In re Sentence of Kindberg, 97 Wash.App. 287, 294, 983 P.2d 684 (1999). But we will not apply the rule of lenity where statutes are unambiguous or can be reconciled in a way that reflects the legislature's clear intent. See State v. O'Brien, 115 Wash.App. 599, 603, 63 P.3d 181 (2003).

Both RCW 3.66.010 and 10.04.050 unambiguously grant the State the right to demand a jury trial in district court. RCW 3.66.010 provides that "[t]he district court shall, upon the demand of either party, impanel a jury to try any civil or criminal case[.]" RCW 10.04.050 likewise provides that in district court trials, "the defendant or the state may demand a jury[.]" The trial court construed this language to mean that the court should only honor the State's jury demand if the defendant consents. But that construction overlooks the plain meaning of the word "demand" and ignores the plain language in RCW 3.66.010 directing that the court "shall" impanel a jury when either party demands one. There is simply no other reasonable construction of this language other than one giving the State the right to compel a jury trial in district court.[1]

The defendants also argue that Washington statutes and court rules regarding jury trial waiver are in conflict. They are not. RCW 10.01.060 allows a criminal defendant to waive the right to jury trial with the court's consent:

No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court: PROVIDED HOWEVER, That except in capital cases, where the person informed against or indicted for a crime is represented by counsel, such person may, with the assent of the court, waive trial by jury and submit to trial by the court.

Respondents argue that this statute represents a legislative decision to give the judge and defendant the only voices in determining whether the defendant's trial will be by jury or by judge. They therefore argue that this statute is in irreconcilable conflict with the requirement in RCW 3.66.010 that the court impanel a jury when the State demands one. They further urge us to construe the court rules in their favor and hold, as did the trial court, that RCW 3.66.010 and RCW 10.04.050 grant the State the right to demand a jury trial only when the defendant consents.

But RCW 10.01.060, while silent on the State's right to demand a jury trial, does not purport to grant a defendant the right to demand a bench trial. The statute merely allows the court to proceed without a jury in the event that defendants "waive" the right to jury and "submit" to trial by the court. RCW 10.01.060. The use of those words neither expresses nor implies the establishment of a right on the part of the defendant, but instead addresses the appropriateness of the court proceeding without a jury when the defendant gives up the right to have one. There is nothing inconsistent about stating in one place that a defendant may give up a right, while stating in another place that the State may assert the same right.

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Cite This Page — Counsel Stack

Bluebook (online)
72 P.3d 1114, 117 Wash. App. 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oakley-washctapp-2003.