State v. Twyman

17 P.3d 1184
CourtWashington Supreme Court
DecidedFebruary 22, 2001
Docket68655-6
StatusPublished
Cited by10 cases

This text of 17 P.3d 1184 (State v. Twyman) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Twyman, 17 P.3d 1184 (Wash. 2001).

Opinion

17 P.3d 1184 (2001)
143 Wash.2d 115

STATE of Washington, Respondent,
v.
Jerry TWYMAN, Petitioner.
State of Washington, Respondent,
v.
Donald Vangeystel, Petitioner.
State of Washington, Respondent,
v.
Taye Yirdaw, Petitioner.

No. 68655-6.

Supreme Court of Washington, En Banc.

Argued September 26, 2000.
Decided February 22, 2001.

*1185 Seattle-King County Public Defender Association, Neil Martin Fox, Seattle, for Petitioners.

Norm Maleng, King County Prosecutor, Deanna Jennings Fuller, Deputy, Seattle, for Respondent.

BRIDGE, J.

Jerry Twyman, Donald Vangeystel and Taye Yirdaw were each convicted of criminal offenses in the Shoreline Division of the King County District Court, before juries drawn from pools selected from an area, consisting of three King County zip codes, generally coextensive with the Shoreline Division's electoral district. Arguing that the state constitution requires that jury pools be selected from King County as a whole, all three appealed to King County Superior Court where each case was affirmed. The Court of Appeals, Division One, granted discretionary review and affirmed the consolidated cases. Twyman, Vangeystel and Yirdaw then petitioned for our review. We granted review, and now affirm.

FACTS

The following facts are undisputed. Petitioners were tried before juries in the Shoreline Division of the King County District Court. In all three cases the pool of potential jurors was not chosen from the whole of King County, but rather was selected from three King County zip codes. These zip codes were roughly coextensive with the boundaries of the Shoreline Division's electoral district, but excluded some district residents and included Seattle residents from outside the district's population. Prior to trial, defense counsel for Twyman and Yirdaw moved to have the jury panels drawn from among the entire population of King County.[1] They argued that this was required by the state constitution. In both cases the motions were denied.[2] Twyman was convicted of obstructing a law enforcement officer and disorderly conduct, and Yirdaw was convicted of fourth degree assault.[3] Defense counsel for Vangeystel objected to the jury pool's composition after voir dire, but before testimony began.[4] Following a jury verdict finding Vangeystel guilty of fourth degree assault, his counsel renewed his objection for the record arguing that jurors should have been selected from all of King County, or, in the alternative, only within the exact electoral district of the Shoreline Division.[5] The judge denied counsel's motion.[6]

Following their convictions, the petitioners appealed to the King County Superior Court. Judge MacInnes affirmed Twyman's conviction,[7] and Judge Armstrong affirmed the convictions of Yirdaw and Vangeystel.[8] The Court of Appeals, Division One, granted discretionary review and consolidated the three cases. It found that while the state constitution clearly requires that "[i]n criminal prosecutions *1186 the accused shall have the right ... to have a speedy public trial by an impartial jury of the county in which the offense is charged to have been committed,"[9] that requirement did not mean that the jury panel had to originate from the entire county.[10] Rather, it found that a statute allowing courts of limited jurisdiction to select jury panels from the population served by the court was reconcilable with the constitutional mandate, and was not materially departed from even where jurors originated from outside the Shoreline Division's boundaries.[11] It affirmed the convictions. The petitioners then sought our review, which was granted.

ISSUES

(1) Did the Shoreline Division of the King County District Court substantially comply with the statute governing jury selection?

(2) Is a statute constitutional that allows a district court to select a jury pool from an area less than the entire county in which an offense is charged?

ANALYSIS

I

The first question we are confronted with is whether the Shoreline Division of the King County District Court substantially complied with the statute governing jury selection. RCW 2.36.050 provides that:

In courts of limited jurisdiction, juries shall be selected and impaneled in the same manner as in the superior courts, except that a court of limited jurisdiction shall use the master jury list developed by the superior court to select a jury panel. Jurors for the jury panel may be selected at random from the population of the area served by the court.[12]

Petitioners contend that "the area served by" the Shoreline Division of the King County District Court is all of King County, and that RCW 2.36.050 was violated in each of their cases where the entire county did not serve as the source for prospective jurors. It is true, as the Court of Appeals recognized, that, for administrative purposes, the King County District Court has been reorganized into a single unit "consisting of geographic divisions rather than autonomous districts."[13] But the court was also correct in noting that "[i]t defies reason to assume that the Legislature would allow for a geographical narrowing of jury panel selection and then require the pool be taken from the county as a whole."[14] Indeed, state law provides that "a county that has a single district but has multiple locations for courtrooms may establish separate electoral districts to provide for election of district court judges by subcounty local districts."[15] Clearly speaking to King County, the statute then requires that "[i]n any county containing a city of more than four hundred thousand population, the legislative authority... shall establish such separate electoral districts."[16] Each of these districts "shall be so established as best to serve the convenience of the people of the district, considering the distances which must be traveled by parties and witnesses in going to and from the court...."[17] The King County judges themselves must reside in both the "district court district and electoral district."[18] Given all of this focus upon the localized nature of district courts, it would be quite incongruous if jurors were not also required to come from the district. While the King County District Court may technically be one court, *1187 its separate divisions make it clear that in any one case the "population of the area served by the court"[19] is that of the division in question.

Petitioners make much of the fact that drawing jurors in these cases from three zip codes only imprecisely paralleled the actual boundaries of the Shoreline Division, excluding some of those who lived in the electoral district and including prospective jurors from outside the district (i.e., Seattle). Yet, as the State notes, the court was working from a list randomly selected from the entire county and then selecting the jurors from the zip codes closest to the division.[20]

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Related

City of Bothell v. Barnhart
257 P.3d 648 (Washington Supreme Court, 2011)
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156 Wash. App. 531 (Court of Appeals of Washington, 2010)
State v. Lanciloti
201 P.3d 323 (Washington Supreme Court, 2009)
City of Tukwila v. Garrett
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State v. Nemitz
105 Wash. App. 205 (Court of Appeals of Washington, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
17 P.3d 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-twyman-wash-2001.