ACLU Amicus Brief

MELAW — along with the other MBAs — has been asked to sign on to an amicus brief that will be filed by the ACLU in a case pending before the WA Court of Appeals. Information about the amicus brief is below. Please let us know if you have thoughts one way or the other on whether MELAW should sign the amicus brief. If you’d like more information or would like to see the amicus brief when it’s ready, please let us know. We value your input!

This is a medical malpractice case that went to trial in Spokane County. A new trial was granted after the trial court ruled that jurors had repeatedly made racist remarks about the plaintiffs’ attorney’s Japanese name. The court found there was a doubt about whether these remarks improperly caused a defense verdict. The issue on appeal is whether racially derogatory remarks by jurors about a litigant’s attorney constitute jury misconduct justifying a new trial.

The case is pending in Division Three of the Court of Appeals and the parties’ briefs have been filed. No oral argument date has been set but it will likely be in September, possibly making amicus briefs due in early August. WSBA will be filing an amicus brief in the case. The ACLU is also planning to file an amicus brief and is inviting all the organizations receiving this email to join the brief. We hope to have an outline ready in June. In the meantime, the issues we plan to cover are the legal standard for granting a new trial when racist juror comments are made about a litigant’s attorney, and the history of legal rules that have been developed to remedy and prevent legal proceedings being tainted by racism (including a discussion of incidents that have occurred, giving rise to the need for such legal rules).