The Washington State Supreme Court has quietly approved a rule change that gives activist judges sweeping new authority to dismiss criminal charges, ignoring elected prosecutors and lawmakers who warned this will make their communities less safe.
The change to Criminal Rule 8.3(b) allows judges to throw out prosecutions they personally decide are unjust — based on vague and highly subjective factors like “the impact of a dismissal on the safety or welfare of the community (the defendant is part of the community)” or “the impact of a dismissal or lack of dismissal upon the confidence of the public in the criminal justice system.” All the Defense has to do is claim “arbitrary action or governmental misconduct” that prejudiced the rights of their client.
In other words, if a judge feels the criminal “needs a break,” or if they identify with community activists demanding an end to incarcerating juvenile drive-by shooters, they now have the unilateral power to dismiss a case — regardless of what the law says or what prosecutors argue. This doesn’t merely provide activist judges with an easy way to abuse their power to the benefit of the criminals, which they already do when they can, it usurps power from elected prosecutors who are supposed to choose which cases they prosecute.
“This can’t be serious. This is really appalling. I didn’t think that it was actually going to be approved,” State Rep. Lauren Davis (D-Shoreline) said of the rule change on “The Jason Rantz Show” on KTTH.
The rule change is effective September 1, 2025. And there may not be a legislative fix.
{snip}
The rule was pushed by a coalition of far-left public defense offices, including King and Snohomish counties, and effectively overturns the precedent set by State v. Starrish, which had limited judicial discretion in dismissing charges.
Senior prosecutors warned this would erode faith in the justice system. Colin Hayes from Clark County called it “unnecessary” and a recipe for “disparate outcomes.” King County’s Lucy Pippin said it “untethers the rule from due process” and would allow criminals to benefit even when they weren’t wronged.
{snip}
The post WA Supreme Court Quietly Grants Judges Power to Arbitrarily Dismiss Charges Against Criminals appeared first on American Renaissance.
American Renaissance
