CSS 2020-02-10 Item 1B - Funding - 2 FTE Transport Officers for Inmate Appearances for $188,000

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No. 51177-1-II and clearly articulated principles of law in this area, it appears trial courts have difficulty adhering to them. My survey of cases shows that there are no fewer than 14 cases since February 2015 where our appellate courts have found a violation of a defendant's right to be free from shackles, yet every case has resulted in harmless error.5 In Lundstrom, the trial court did not exercise its discretion, effectively deferring to the jail's policy. 6 Wn. App. 2d at 395. Similar situations existed in State v. Zain, State v. Smith, and State v. Montenguise.6 In State v. Calhoon, State v. Boatright, and State v. Bruce, the court held a hearing, but the evidence did not support the court's decision to physically restrain the defendant. In State v. Huynh, State v. Flores, and In re Welfare of A.N.B., the court held a hearing, and we either assumed without deciding that the court abused its discretion or did not decide the issue because we determined that any error would have been harmless.8 In State v. Lomax and State v. Bakke, the court abused its discretion by either not 5 I rely on unpublished cases not as persuasive authority, but as part of the data -gathering process. 6 State v. Zain, No. 47368-2-II (Wash. Ct. App. Dec. 1, 2015) (unpublished), http://www.courts.wa.gov/opinions/; State v. Smith, No. 45777-6-II (Wash. Ct. App. Aug. 11, 2015) (unpublished), http://www.courts.wa.gov/opinions/; State v. Montenguise, No. 33007-9-III (Wash. Ct. App. July 7, 2015) (unpublished), http://www.courts.wa.gov/opinions/. 7 State v. Calhoon, No. 49346-2-II (Wash. Ct. App. Apr. 10, 2018) (unpublished), http://www.courts.wa.gov/opinions/; State v. Boatright, No. 49218-1-II (Wash. Ct. App. Nov. 21, 2017) (unpublished), http://www.courts.wa.gov/opinions/; State v. Bruce, No. 49058-7-II (Wash. Ct. App. Nov. 14, 2017) (unpublished), http://www.courts.wa.gov/opinions/. 8 State v. Huynh, No. 50218-6-II (Wash. Ct. App. Mar. 20, 2018) (unpublished), http://www.courts.wa.gov/opinions/; State v. Flores, No. 49777-8-II (Wash. Ct. App. Nov. 7, 2017) (unpublished), http://www.courts.wa.gov/opinions/; In re Welfare of A.N.B., Nos. 71230-6- I, 71231-4-I, 71232-2-I, 71233-14, 71234-9-I, 71236-5-I, 71237-3-I (Wash. Ct. App. Feb. 23, 2015) (unpublished), http://www.courts.wa.gov/opinions/. 16 W.