Ruling: Missed court date in Washington does not imply guilt

Legal Events

The Washington state Supreme Court this month unanimously rejected the notion that a man who skipped his court date could be presented as evidence that he felt guilty about the original crime.

State Supreme Court justices agreed that criminalizing a single missed court date could disproportionately harm people of color, poor people or people without reliable transportation or scheduling conflicts due to child care or work, The Daily Herald reported.

The ruling came less than a year after the state Legislature revised the bail jumping law, which gives people more time to respond to a warrant. Samuel Slater, 27, had one unexcused absence in his case, which predated the new law.

Records show Slater was convicted of violating no-contact orders five times in five years, multiple driving offenses and domestic violence charges. He pleaded guilty in 2016 to assault in Washington state.

A judge ordered him not to have contact with the woman, who was not identified, but he showed up within a day of being let out of jail. He was charged in 2017 with alleged felony violation of a no-contact order and felony bail jumping after missing a court date later in the year.

Slater’s attorney, Frederic Moll, asked for separate trials on the counts. Snohomish County Superior Court Judge Anita Farris, a former public defender, found that the charges could be tried together for “judicial economy reasons” and that they were cross-admissible, meaning one could be used to prove the other.

Judge Ellen Fair presided over the trial and agreed with Farris. State Court of Appeals judges also agreed.

During the trial, deputy prosecutor Adam Sturdivant repeatedly noted how the defendant missed his court date, asking: “If he didn’t do it, why didn’t he show up for trial call a year ago?”

Slater was found guilty on both counts and sentenced to more than two years in prison and a year of probation

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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