State v. Smith

¶27 (concurring in result) — I agree with the result reached by the majority opinion, but I write separately because our open courts jurisprudence has become increasingly complex and confusing. We adopted the logic and experience test as the method by which judges can determine whether a particular phase of trial is subject to the Washington Constitution’s command that justice shall *522be administered openly. Const, art. I, §§ 10, 22; State v. Sublett, 176 Wn.2d 58, 292 P.3d 715 (2012) (plurality opinion). But this case and other pending cases reveal that it is difficult and confusing, if not…