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STATE v. HARNER

Nos. 74460-2, 75337-7.

103 P.3d 738 (2004)

153 Wash.2d 228

STATE of Washington, Respondent, v. Melody Ann HARNER, Petitioner. State of Washington, Respondent, v. Kathryn S. Keithley, Appellant.

Supreme Court of Washington, En Banc.

Decided December 23, 2004.

As Amended on Denial of Reconsideration February 17, 2005.

Attorney(s) appearing for the Case

Peter B. Tiller, Rock & Pine, Centralia, John David Blair-Loy, Spokane, for Petitioner.

Andrea Vingo, Grays Harbor County Prosecutors Office, Montesano, John Allan Troberg, Colville, for Respondent.

Magda Rona Baker, Seattle, for Amicus Curiae Washington Association of Criminal Defense Lawyers.

James Morrissey Whisman, King County Prosecutor's Office, Seattle, Pamela Beth Loginsky, Washington Assoc. of Prosecuting Attorneys, Olympia, for Amicus Curiae Washington Association of Prosecuting Attorneys.

JOHNSON, J.

These consolidated cases require us to determine whether the absence of a drug court in the county where a defendant is charged violates that defendant's rights to equal protection or due process. The Washington State Legislature has enabled counties to promulgate drug courts under RCW 2.28.170. We accepted review of State v. Harner, from Division Two of the Court of Appeals and then granted a motion to transfer State v. Keithley from Division...

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