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  1. #1

    Default Prosecutor's Code of Conduct in the Court


    MY Story starts when I enterd the courtroom before the judge came and hearing starts,I saw an female Interpretor socializing,chating and laughing with a female prosecutor. When she saw me, she come to me. After veryfieng my name she asked me what was my defense agaist my case I trusted her and handed over my personel hand written and printed notes to read so she could have an idea about my defense that what I am going to say in the court. My bad luck starts when I droped some documents on the floor, after picking up my docs when I saw, the interpretor was showing my defense notes /motions to the prosecuter without my permission/consent .I objected and asked why she was leaking my defense to the prosecutor without my permission.She said it is OK to do so she do it every day nothing to worry about it.and then she(Interperator) start rejecting and arguing about my defence motions one by one. It seems to me that I am facing two prosecutors at my one hearing in the court. She told me that I can not bring multiple motions on the same day hearing, only allowed to bring one motion on one hearing if I need to bring a second motion I can request a cotinuency in the court.

    I have objection of unprofessional/ improper behavior of prosecutor and interpreter in the court on the day of my hearing, but was not able to tell the judge in fear of that it could jeoperdize my case. If prosecutor wanted to see my defense notes before the hearing date/time, she could have asked me in the city’s discovery demand letter by writing correct code pursuant to IRLJ 3.1(a), but she made an error by wrong code IRLJ 3.1(b). She might knew that she had made an error so she used the interpretor to discover my defense which I believe is unprofessional way to seek the discovery from defendant. City prosecutor suppose to use the interpreter after hearing starts to solve the language barrier between defendant and court not before the hearing to correct the city’s Error through the interpreter that could jeopardize defense motions.

    My case is under investigation by the judge. I will post the out-come later

    Thanks again.

  2. #2
    Join Date
    Dec 2004

    Default Re: Prosecutor's Code of Conduct in the Court

    I found this -- it may help:

    Quote Quoting RCW 2.42.160
    RCW 2.42.160 Privileged communication.

    (1) A qualified and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any communication the interpreter interprets under circumstances where the communication is privileged by law.

    (2) A qualified and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any information the interpreter obtains while interpreting pertaining to any proceeding then pending.

    I don't fully understand. First, you said that you were "not able to tell the judge in fear of that it could jeoperdize my case." Then, you said, "My case is under investigation by the judge." How could it be under investigation when you didn't TELL the judge what happened? BTW, it is ILLEGAL for the interpreter to give you a "legal" opinion (about bringing multiple motions). That is up to the judge. You should be free to bring as many motions as the JUDGE will allow, not the interpreter.

    Just my 2 cents.

  3. #3

    Default Re: Prosecutor's Code of Conduct in the Court

    On my hearing day when hearing started the judge started taking oath from the interpretor and asked the interpretor if deffendant want to say in his defense here I messed up, instead of asing the judge to sart the officer to bring the charges against me and give his testimony.

    I started my MOTION TO DISMISS THE CHARGE, because officer did not charge me with a proper code RCW 46.64.400 no subsection 1 or 2.

    The judge asked the prosecuter about this and prosecuter searched in her computer and told the judge that I was charged for RCW 46.64.600 subsection 2, and judge immidiatly denied my motion.

    I started my second motion to dissmiss bcause officer write two deffirent dates in his affidavite and NOI for violation. I asked the officer on which date he charged me, 10th or 12th, the officer said 10th.

    Prosecuter rsponded thar it is possible that he charged me on 10th & mailed the ticket on 12th two day later. I asked the officer did he charged me on 10th and was he on duty, he said yes, he charged me on that day and was on duty, and I again asked the officer does he has his logs as a evidense to show that he actually worked on that day even it was sunday I told the judge that I was not working on that day, I can bring proof of my company's logs. SO I MOTION TO DISSMISS THE CHARGE.

    At this moment prosecuter interviened and pause the hearing and start sending some messeges to somewere to verify something after couple minutes of pause she told the judge that it was an error. Actual date was 12th.

    The judge asked me if I have any thing else to say , I said yes, The Officer did not have a date and place written in his sworn statement so I MOTION TO DISSMISS THE CASE persuant to RCW 9A.72.085

    Judge searched the computer & denied the motion because officer was present there and giving testimony under oath.

    I started my third MOTION TO DISMISS the case because the officer have not specified date & time of RADAR/LIDAR's tuning forks checked before and after stop. the officer said he cheked the tuning forks. I asked the officer can he show a document (his logs) as a evidense that when he checked it.

    The officer said he don't have his logs with him at present. I MOTION TO DISSMISS the case becouse the Officer was not able to present any Evidence/document that he checked the tuning forks before and after stop.

    The Judge told me that she is giving this case to her assistant to INVESTIGATE. She will mail her verdict AFTER investigation.

  4. #4
    Join Date
    Feb 2010

    Default Re: Prosecutor's Code of Conduct in the Court

    If you would like a better opinion from us, you can go to the court and ask for the record. It'll cost some money, but highly worth it.

    I can't believe the prosecutor stated that it was a mistake and then the judge denied that motion.

    What court was this?


  5. #5

    Default Re: Prosecutor's Code of Conduct in the Court

    Hello Everybody, Thanks again for your valueable help. Mr. Barry, Mr. Colemac and Mr. Brendan, you guys are angel for me providing free legal help volanterely.

    Today, I go to City and asked the court clerk the status of my pending case. The clerk told me that my case was DISMISSED with prejudise. I told her that I didn't received any mail about the decision. She apoloziged and gave me a print-out of the jdge's verdict. Judge Dismissed the case after revewing Officer's testimony.

    In the begining it seems to me that my case was easy to win, but in the court it took me more than 1 hour 30 min to fight with Officer and two prosecutors( one city prosecutor & second Interpretor behaving as a vertual prosecutor). It was possible becouse of this website and your help. I have no words to express my feelings and apreciations. THAAAAAAAAAANK YOU.

  6. #6
    Join Date
    Oct 2008

    Default Re: Prosecutor's Code of Conduct in the Court

    Nice job!!! And thanks for letting us know!!!!!

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