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No. 51177-1-II <br />A. LEGAL PRINCIPLES <br />We review constitutional claims de novo. State v. Lundstrom, 6 Wn. App. 2d 388, 393, <br />429, P.3d 1116 (2018), review denied, 193 Wn.2d 1007 (2019). A criminal defendant has a right <br />to appear before the court "with the appearance, dignity, and self-respect of a free and innocent <br />man." State v. Finch, 137 Wn.2d 792, 844, 975 P.2d 967 (1999); U.S. CONST. amends. VI, XIV. <br />The Washington Constitution provides, "In criminal prosecutions the accused shall have the right <br />to appear and defend in person." Wash. Const. art. I, § 22. Washington courts have long held that <br />the right to appear and defend in person extends to "the use of not only his mental but his physical <br />faculties unfettered, and unless some impelling necessity demands the restraint of a prisoner, to <br />secure the safety of others and his own custody, the binding of the prisoner in irons is a plain <br />violation of the constitutional guaranty." State v. Williams, 18 Wash. 47, 51, 50 P. 580 (1897). <br />This includes the right "to be brought into the presence of the court free from restraints." State v. <br />Damon, 144 Wn.2d 686, 690, 25 P.3d 418 (2001). <br />"[R]egardless of the nature of the court proceeding or whether a jury is present, it is <br />particularly within the province of the trial court to determine whether and in what manner shackles <br />or other restraints should be used." State v. Walker, 185 Wn. App. 790, 797, 344 P.3d 227 (2015). <br />Restraints are disfavored because they may interfere with important constitutional rights, <br />"including the presumption of innocence, privilege of testifying [on] one's own behalf, and right <br />to consult with counsel during trial." State v. Hartzog, 96 Wn.2d 383, 398, 635 P.2d 694 (1981). <br />However, a defendant's right to be in court free from restraints may yield to courtroom <br />safety, security, and decorum. Walker, 185 Wn. App. at 800. "A defendant may be restrained if <br />necessary to prevent injury, disorderly conduct, or escape." Lundstrom, 6 Wn. App. 2d at 394. <br />0 <br />IN <br />