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No. 51177-1-II <br />conducting a hearing or conducting an inadequate hearing.9 In State v. Mendez, the State conceded <br />that the trial court did not make an adequate record to support the use of restraints.10 In In re <br />Personal Restraint of Pender, we concluded harmless error existed after the sheriffs' office <br />decided the defendant had to wear a stun belt at trial but never informed the court." <br />In the present case, the State conceded in oral argument that it has been confronting the <br />issue of shackling defendants for the last one to two years. Wash. Court of Appeals oral argument, <br />State v. Jackson, No. 51177-1-II (Apr. 8, 2019), at 7 min., 39 sec. through 7 min., 44 sec. (on file <br />with court). The State also admitted that judges are not making individualized determinations <br />regarding shackling and restraints, but are instead leaving it to the jail staff. Wash. Court of <br />Appeals oral argument, State v. Jackson, No. 51177-1-II (Apr. 8, 2019), at 10 min., 54 sec. through <br />11 min., 4 sec. (on file with court). Finally, the State conceded that, based on its blanket policy, it <br />presumes defendants appearing in court are dangerous. Wash. Court of Appeals oral argument, <br />State v. Jackson, No. 51177-1-II (Apr. 8, 2019), at 20 min., 15 sec. through 20 min., 30 see. (on <br />file with court). <br />As pointed out by the majority, the trial court considered the shackling issue at a hearing <br />involving multiple defendants. The court did not make or consider individualized determinations. <br />9 State v. Lomax, No. 48072-7-II (Wash. Ct. App. June 13, 2017) (unpublished), <br />http://www.courts.wa.gov/opinions/; State v. Bakke, No. 46696-1-II (Wash. Ct. App. Feb. 9, 2016) <br />(unpublished), http://www.courts.wa.gov/opinions/. <br />10 State v. Mendez, No. 49847-2-II (Wash. Ct. App. May 22, 2018) (unpublished), <br />http://www.courts.wa.gov/opinions/. <br />" In re Pers. Restraint of Pender, No. 42430-4-II (Wash. Ct. App. Feb. 10, 2015) (unpublished), <br />http://www.courts.wa.gov/opinions/. <br />17 <br />29 <br />