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No. 51177-1-II <br />By adopting the jail's policy, the court determined that all defendants would be restrained during <br />pretrial proceedings. Motion to Supp. Record on Appeal, State v. Jackson, No. 51177-1-II (May <br />1, 2018), at 12. In addition, the court did not see "anything inappropriate" about having Jackson <br />in a leg brace for trial, notwithstanding its failure to conduct a hearing and consider the mandatory <br />factors. Report of Proceedings (Aug. 21, 2017) at 75. <br />"[J]udges are human, and the sight of a defendant in restraints may unconsciously influence <br />even a judicial factfinder." People v. Best, 19 N.Y. 3d 739, 744, 979 N.E. 2d 1187 (2012).12 <br />Studies support the proposition that judges, like laypersons, are similarly prone to implicit <br />associations and implicit biases. See, e.g., JUDGE ANDREW J. WISTRICH & JEFFREY J. RACHLINSKI, <br />IMPLICIT BIAS IN JUDICIAL DECISION MAKING: HOW IT AFFECTS JUDGMENTS AND WHAT JUDGES <br />CAN DO ABOUT IT, in ENHANCING JUSTICE: REDUCING BIAS 87 (Sarah E. Redfield ed., 2017). <br />It is clear that in the present case the trial court failed to follow well -established and clearly <br />stated legal principles. As a result, we are bound to conclude error occurred, but we must also <br />determine that the error was harmless. I think the application of this remedy should be revisited, <br />especially where, as here, the court failed to conduct an individualized hearing on the use of pretrial <br />and trial restraints. <br />1V4%A,%4Zy <br />MELNICK, J. <br />111 note that in considering the release of a defendant, CrR 3.2 requires a court to detenmine, among <br />other factors, whether a defendant is dangerous and a flight risk. <br />18 <br />30 <br />