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HARRIS v. CHARLES

No. 83867-4.

256 P.3d 328 (2011)

171 Wash.2d 455

Joshua HARRIS, Petitioner, v. The Honorable Edsonya CHARLES, Judge, Seattle Municipal Court, Director of King County Adult Detention, and The City of Seattle, Respondents.

Supreme Court of Washington, En Banc.

Decided May 12, 2011.

Attorney(s) appearing for the Case

Christine Anne Jackson , Kristen V. Murray , The Public Defender, Seattle, WA, for Petitioner.

Richard Edward Greene , Seattle City Attorney's Office, Seattle, WA, for Respondents.

Travis Stearns , Washington Defender Association, Seattle, WA, amicus counsel for Washington Defender Association.

WIGGINS, J.

¶ 1 Washington's Criminal Rules authorize a trial judge to release a person before trial subject to electronic home monitoring (EHM). If convicted of a felony, the defendant is entitled to have the days spent on pretrial EHM credited against any sentence of confinement. Petitioner Joshua Harris pleaded guilty to two misdemeanors and seeks credit for time spent on EHM, arguing that allowing EHM credit for felons but not misdemeanants violates his right...

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