Amended Motion for Mandatory Causation Analysis under ADA and GR 33 (State v. Jones, King County Drug Diversion Court, Aug 2025)

Co-Authored by Defendant (Anthony Jones) and Counsel (Francis Huguenin), this filing is the Amended Motion for Mandatory Causation Analysis in State v. Jones (King County Drug Diversion Court, August 2025). The motion seeks appointment of an independent expert to perform a causation analysis as a reasonable accommodation under the Americans with Disabilities Act (ADA) and Washington General Rule 33 (GR 33). It argues that exclusion and termination from drug court cannot proceed without first determining whether the defendant’s behavior is attributable to disability, and that continuing to impose exclusion without this analysis constitutes an ongoing constitutional violation. The motion draws on Humphrey v. Memorial Hospitals Association to highlight the double-jeopardy-like risk of punishing disability-related conduct twice-first through program sanctions, then through termination-an argument that situates ADA obligations directly within the criminal diversion context. It also introduces the theory of 'institutional betrayal' as applied to therapeutic courts, making what may be the first impression use of this framework in litigation, even if not generally a first impression in law or psychology. The filing further addresses the misuse of toxicology evidence, the structural role of accommodation in therapeutic courts, and the broader constitutional implications of hybrid adjudicatory systems. It may serve as a reference for practitioners, scholars, and participants confronting similar due process and disability rights questions in problem-solving courts. Table of Authorities: Humphrey v. Memorial Hospitals Association, 239 F.3d 1128, 1139–40 (9th Cir. 2001) Gambini v. Total Renal Care, Inc., 486 F.3d 1087, 1093 (9th Cir. 2007) Murray v. Mayo Clinic, 934 F.3d 1101, 1105 (9th Cir. 2019) Secondary Table of Authorities Ninth Circuit Model Jury Instruction, Civ. 12.2, Comments (relying on Gambini) Smith, C.P. & Freyd, J.J. (2014). Institutional Betrayal. American Psychologist, 69(6), 575–587