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No. 51177-1-II <br />The courts are to ensure the safety of court officers, the public, and the parties. Lundstrom, <br />6 Wn. App. 2d at 394. Courts must balance, among other factors, the need for a secure courtroom <br />with the constitutional presumption of innocence, the rights of the defendant, and the dignity of <br />the judicial process. Finch, 137 Wn.2d at 844-46. Because the interests of jail administrators are <br />different from the interests of the court, courts cannot defer to jail policy. Walker, 185 Wn. App <br />at 796. They must exercise their own discretion. Lundstrom, 6 Wn. App. 2d at 395. <br />While prison officials may be well positioned to assist the trial court in deciding <br />matters of courtroom security, they are in no position to weigh and balance the <br />many factors the courts must consider when determining whether, and in what <br />manner, a defendant should be restrained during a court proceeding. <br />Walker, 185 Wn. App. at 796-97. <br />Relying on State v. Hartzog, 96 Wn.2d 383, 635 P.2d 694 (1981), the appellate courts have <br />concluded that trial courts may not adopt general policies regarding the imposition of restraints <br />but must exercise their discretion based on facts developed in and set forth in the record. E.g., <br />Lundstrom, 6 Wn. App. 2d at 394-95. The use of physical restraints should be authorized only as <br />a last resort. Finch, 137 Wn.2d at 850. <br />The Washington Supreme Court has decided that a harmless error test applies when a court <br />violates the above -stated rules. State v. Hutchinson, 135 Wn.2d 863, 888, 959 P.2d 1061 (1998). <br />We are obligated to follow and are bound by the Supreme Court's decisions. State v. Hairston, <br />133 Wn.2d 534, 539, 946 P.2d 397 (1997). <br />It appears to me that the application of the harmless error test in the area of shackling <br />defendants who appear before the court, especially when the court has not made any individual <br />inquiry, has resulted in a constitutional violation without a remedy. Regardless of the well -settled <br />15 <br />27 <br />