Division I: Written Peremptory Challenges No Public Trial Violation
We’ve talked about the public trial right a lot lately in regards to criminal trials and jury selection: Both in State v. Marks and in State v. Miller. These were both cases out of Division II. Now Division I is weighing in on peremptory challenges. Division I followed the Marks court and held that peremptory challenges, while they need to be recorded (race-based peremptory challenges are improper, and could lead to reversal), they don’t need to be done publicly. Using written challenges is fine, as is (as we know from Marks, doing them at side-bar).
While Issaquah Legal Services does not yet have a criminal attorney, we plan on having one in the near future. Please feel free to call us for recommendations on a Criminal Law Attorney.