Are Fair Trials Guaranteed in Washington State? No.

Is a fair trial guaranteed in the United States? Surprisingly, no. Fair trials are an ideal and no person or place can guarantee a trial will be perceived to be entirely fair by all parties. However, fair trials are a fundamental right of citizens in the United States and every state and territory. Concerningly, unfair trials are increasingly reported in Washington State and King County Superior Court specifically.

How is performance of our court systems tracked and reported? How are Judges and court officials selected in King County? What options are available in the county? How many candidates for judicial positions are available to choose from on ballets? Who is allowed to be a candidate? Who and what controls the process? What accountability mechanisms exist? How many unfair trials have specific judges contributed to or resolved? What ways can we create to reverse the perception that unfair trials are on the rise in Washington state: can the US Justice Department or state attorney general review courts, can we create and publish ratings for judges, should all court decisions be made public so that judges' decisions are available for review?

The Seventh Amendment to the United States Constitution establishes civil trial rights in the United States, but while these rights are seemingly guaranteed civil rights, few mechanisms are in place to monitor, report and track violations of these rights by Judges, attorneys and Court staff. Humans are fallible; while civil rights exist, no guarantee is available to these rights and few are held accountable for violating them.

While every state in the United States guarantees the right to a fair trial for criminal trials under the Sixth Amendment to the U.S. Constitution, it only provides protections for individuals accused of crimes. Rights to a speedy and public trial, the right to an impartial jury, the right to be informed of the charges against them, the right to confront witnesses, the right to obtain witnesses in their favor, and the right to have legal counsel are not guaranteed for civil trials. The protections provided by the Sixth Amendment, such as the right to a speedy and public trial, the right to an impartial jury, and the right to counsel, apply specifically only to criminal prosecutions.

For civil trials, the Seventh Amendment provides the right to a jury trial in certain civil cases, but it does not encompass all the protections found in the Sixth Amendment. In the United States, civil trial rights are primarily guaranteed by the Seventh Amendment to the U.S. Constitution. Key civil trial rights such as: 1) right to a jury trial, 2) finality of jury decisions and 3) common law applications.

Right to a Jury Trial: In civil cases where the value in controversy exceeds twenty dollars, individuals have the right to a jury trial.

Finality of Jury Decisions: Once a jury has made a decision, it generally cannot be re- examined by another court, except according to the rules of common law.

Common Law Application: The Seventh Amendment applies to cases under common law, which is law developed through court decisions and precedents rather than statutes.

In Washington State, the rights for civil trials are similar but also include specific provisions such as: 1) Right to a jury trial, 2) jury size and verdict, 3) waiving jury trial.

Right to a Jury Trial: The Washington State Constitution guarantees the right to a jury trial in civil cases.

Jury Size and Verdict: The legislature may provide for a jury of fewer than twelve members in courts not of record and for a verdict by nine or more jurors in civil cases in any court of record.

Waiving Jury Trial: Parties involved in a civil case can waive their right to a jury trial with mutual consent.

These rights are important to ensuring that individuals in civil cases have access to fair and impartial trials both at the federal and state levels. In the context of Washington State civil procedure, CR 38 refers to Civil Rule 38, which governs the right to a jury trial in civil cases. This rule is supposed to ensure that parties in civil cases have a clear process for requesting a jury trial and understand the implications of not making such a request. Surprisingly, Washington state family courts and attorneys do not inform individuals about rights to a jury trial. When asked what prohibits a jury trial in all family law matters, no law or precedent has been provided.   

While a fair trial is a civil right in every state within the United States, what is fair is defined differently and applied differently in Washington State and frequently without any reference to standards of fairness that are being applied. Washington can do better; Washington should expect better from our legal system. How we improve achieving fairness in our state legal system and track when and who significantly deviate from fairness in decisions?

Can the Washington State Attorney General, bar associations or U.S. Justice Department help?