OFF THE WIRE
konp.com
A state appeals court has reversed sanctions issued against a Clallam County deputy prosecutor.
This week, the court ruled Clallam County Superior Court Judge Brooke Taylor went too far in handing down a $500 dollar sanction for an error committed by the deputy prosecutor during a vehicular homicide trial.
In 2010, Taylor issued the sanction after the deputy prosecutor wrote in a court filing that defendant Roger Mallicott was a member of the Hell's Angels gang. Mallicott was actually a member of the Amigo's motorcycle club and the deputy prosecutor wrote the wrong name in a filing to have Mallicott and another defendant tried separately in the case. Mallicott's attorney, Karen Unger, filed a complaint to Taylor prompting the sanction.
But the appeals court ruled that even though the statement was in error, it was not malicious and there was harm intended.
Clallam County prosecutor Deb Kelly said in a written statement she was pleased with this week's ruling and that the court restated that simple errors are not misconduct and should not be subject to sanctions.
