Washington State Appeals Court Interprets New General Rule to Enforce Batson
As reported previously in the Jur-E Bulletin, the Washington State Supreme Court in 2018 approved General Rule 37 to improve the enforcement of the Batson doctrine in jury trials. Among the unique features of GR 37 is a requirement that, in ruling on a Batson challenge, a trial judge “shall evaluate the reasons given to justify the peremptory challenge in light of the totality of circumstances. If the court determines that an objective observer could view race or ethnicity as a factor in the use of the peremptory challenge, then the peremptory challenge shall be denied. The court need not find purposeful discrimination to deny the peremptory challenge.” (Emphasis supplied.) Now, a lengthy opinion in State v. Hale analyzes a series of prior state appellate cases interpreting how a trial judge is to apply GR 37 in ruling on reasons given for exercising a peremptory strike. The Hale court concluded the trial judge misapplied GR 37 in denying the defendant’s peremptory strike, but the error was harmless. The opinion demonstrates peremptories can also be challenges for trial judges.