Motion for Pre-Termination Clarification of Authority and Framework to Ensure Procedural Fairness (First Impression) (Washington State, King County Drug Diversion Court, August 2025)

Co-Authored by Anthony Jones (Defendant) and Francis Huguenin (Counsel), this filing is the Motion for Pre-Termination Clarification of Legal Authority and Framework to Ensure Procedural Fairness in State v. Jones (King County Drug Diversion Court, 2025). It is an apparent first impression. It asks the court to identify, on the record, the precise legal source of authority for imposing Drug Court sanctions, exclusion orders, and termination; and to state whether proceedings are governed by criminal, administrative, contract, or a defined hybrid regime (and which aspects fall under which regime). The motion explains that Washington law requires either standards or safeguards for delegated punitive power and argues that RCW 2.30.030, standing alone, supplies neither; it relies on Barry & Barry and Associated General Contractors and cites Zellerbach on the nondelegation problem of unfettered discretion. It further contends that due process requires the governing rule and standard to be stated before adjudication because they determine burdens, proof standards, evidentiary/confrontation rules, cognizable defenses, and remedies; the motion cites Mathews v. Eldridge and Harrison to underscore that clarity is a precondition to meaningful participation and review. The filing notes the apparent absence of Washington precedent on this threshold question (first-impression posture) and includes persuasive examples from other jurisdictions addressing drug-court authority. Table of Authorities: U.S. Supreme Court Mathews v. Eldridge, 424 U.S. 319, 335 (1976) Washington State Supreme Court Associated Gen. Contractors of Wash. v. State, 200 Wn.2d 396, 403–04, 518 P.3d 639 (2022) Barry & Barry, Inc. v. Dep’t of Motor Vehicles, 81 Wn.2d 155, 163–64, 500 P.2d 540 (1972) State v. Browet, Inc., 103 Wn.2d 215, 218–19, 691 P.2d 571 (1984) State v. Crown Zellerbach Corp., 92 Wn.2d 894, 899–901, 602 P.2d 1172 (1979) State v. Sykes, 182 Wn.2d 168, 175–78, 339 P.3d 972 (2014) Washington State Court of Appeals (Drug Court Terminations) State v. Cassill-Skilton, 122 Wn. App. 652, 656–61, 94 P.3d 407 (2004) State v. Harrison, 24 Wn. App. 2d 40, 48–51, 519 P.3d 244 (2022) State v. Starkgraf, 29 Wn. App. 2d 30, 45–47, 50, 539 P.3d 855 (2023), review denied, 2 Wn.3d 1032 (2024) Persuasive / Out-of-State Authorities (Florida Pre-Plea Drug Courts on Jail Sanctions) Diaz v. State, 884 So. 2d 299 (Fla. 2d DCA 2004) Mullin v. Jenne, 890 So. 2d 543 (Fla. 4th DCA 2005) Walker v. Lamberti, 29 So. 3d 1172, 1173–74 (Fla. 4th DCA 2010) Statutes Revised Codes of Washington 2.30.030