Prosecutors Force Transfer of District Judge

Amy Radil
08/15/2008

For several years, King County District Judge Peter Nault has refused to admit results from breathalyzer tests in drunk–driving cases. That made him popular with defendants accused of driving under the influence. Now because of objections from the King County prosecutor's office, Nault is being reassigned. Defense lawyers say that's unfair. KUOW's Amy Radil reports.

TRANSCRIPT

WHEN POLICE OFFICERS PULL SOMEONE OVER ON SUSPICION OF DRUNK DRIVING, THEY TYPICALLY READ THEM AN "IMPLIED CONSENT" WARNING BEFORE ADMINISTERING A BREATHALYZER TEST. SOME JUDGES RULED IN 2005 THAT THE WORDING OF THOSE WARNINGS WAS MISLEADING, AND REFUSED TO ADMIT THE BREATH TESTS AS EVIDENCE. KING COUNTY DISTRICT JUDGE PETER NAULT WAS ONE OF THE JUDGES WHO OBJECTED.

KENNET PHILLIPSON OF THE FIRM FOX, BOWMAN AND DUARTE SPECIALIZES IN DUI CASES. HE SAYS NAULT'S REFUSAL TO ADMIT BREATHALYZER DATA CLEARLY MADE IT HARDER FOR PROSECUTORS TO PROVE DRIVING UNDER THE INFLUENCE.

PHILLIPSON: "Once the breathalyzer is thrown out, the breath test, the prosecutor can only proceed by way of what we'd call the "affected by" prong, whether the defendant was affected by alcohol. So it does make their job more difficult."

RECENTLY, THE KING COUNTY PROSECUTOR'S OFFICE REFUSED TO TRY NEW CASES UNDER NAULT. THIS WEEK THE DISTRICT COURT DECIDED TO TRANSFER NAULT FROM REDMOND TO SEATTLE, WHERE HE'LL PRESIDE OVER CIVIL CASES. PHILLIPSON SAYS HE'S DISAPPOINTED OVER JUDGE NAULT'S TRANSFER. HE SAYS DEFENSE LAWYERS MAY OBJECT TO SPECIFIC JUDGES, BUT THEY DON'T HAVE THE CLOUT OF THE PROSECUTOR'S OFFICE.

PHILLIPSON: "I begin to question the policy behind the reassignment, in that it seems that the prosecutor's office is getting a little more deference."

ANOTHER LOCAL LAWYER SPECIALIZING IN DUI'S, ANDREW HUFF, SAYS HE'S FOUND NAULT TO BE A FAIR AND THOROUGH JUDGE. HE SAYS THE PROSECUTOR'S OFFICE IS ABUSING ITS POWER BY REFUSING TO WORK WITH AN ELECTED JUDGE.

HUFF: "The voters lose out because they're not receiving the benefit of his service when they elected him. But I think the whole judicial system is tainted because judge shopping does not help anyone."

KING COUNTY DISTRCT COURT JUDGE MARIANE SPEARMAN SAYS THE MOVE BY THE PROSECUTOR'S OFFICE IS UNUSUAL, AND SHE WISHES A BETTER SOLUTION COULD HAVE BEEN FOUND.

MARK LARSON IS KING COUNTY'S CHIEF CRIMINAL DEPUTY. HE SAYS THE ABILITY TO REJECT A JUDGE WAS A PROVISION CREATED BY JUDGES, AND IT'S ONE THAT HIS OFFICE WILL ONLY USE CONSERVATIVELY. HE SAYS THE BREATHALYZER ISSUE WAS JUST ONE OF SEVERAL PROBLEMS THE PROSECUTOR'S OFFICE HAD WITH NAULT.

LARSON: "I think there were documented examples where he did not follow the law concerning evidentiary rulings and the imposition of mandatory minimums, among other areas."

LARSON SAYS JUDGE NAULT REFUSED TO ACKNOWLEDGE THE AUTHORITY OF APPELLATE COURTS WHEN THEY REVERSED HIS DECISIONS. NAULT'S OBJECTION TO BREATHALYZER DATA GAINED SOME PROMINENCE LAST YEAR WHEN THOSE RESULTS WERE THROWN OUT IN THE DUI CASE OF KING COUNTY COUNCIL MEMBER JANE HAGUE. SHE EVENTUALLY RECEIVED SIX MONTHS' PROBATION.

AMY RADIL, KUOW NEWS.

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