Facts: Washington Revised Code §3.34.060 and §3.50.040 permit non-lawyers to serve as judges in district courts in misdemeanor cases in districts with populations of less than 10,000. Respondent Gary Robert Young was charged with violating a municipal ordinance in the district court of the town of Republic before a non-lawyer judge as permitted by statute due to the population of the judicial district in which Republic is located. The Superior Court for Ferry County granted Young a writ prohibiting the state from proceeding to trial in the district court before the non-lawyer judge, ruling that Young’s rights under the due process clause of the 14th Amendment to the United States Constitution and of Article I §3 of the Washington State Constitution would otherwise be violated. This decision was appealed to the Supreme Court of Washington.

Question(s): Does permitting lay judges to preside over trials that may result in the loss of freedom for defendants violate the right to due process guaranteed by the United States and Washington State Constitutions?

Conclusion: Justice Hamilton’s opinion for the Court held that permitting lay judges to preside over misdemeanor trials in district courts does not violate constitutional due process guarantees and provides an adequate hearing as appeals of convictions from such trials are heard de novo by judges with legal training in Superior Courts. Although convictions resulting from guilty pleas in such trials cannot be reviewed de novo, the Court concluded that safeguards already in existence to ensure that such pleas are voluntary were sufficient to satisfy any due process concerns.

Docket No. 44071; 44214

Petitioner: Stephen Konz

(Counsel: Slade Gorton, Kevin M. Ryan, and Garry E. Wegner)

Respondent: Gary Robert Young

(Counsel: David S. Edwards)

Decided: Friday, January 5th, 1979

Prevailing Party: Stephen Konz (Petitioner)

Vote: 6-3

Opinion: 91 Wn.2d 532 (1979)

Court: Wright1 Court (1977-1978)

Wright

Rosellini

Hamilton

Stafford

Utter

Brachtenbach

Horowitz

Dolliver

Hicks