City of Kennewick v. Vandergriff

(dissenting)— After this defendant was charged, a court date was set which exceeded the 90-day proviso of JCrR 3.08. In this court, as in most district courts, the trial setting function is performed by a clerk in the office of the clerk. Defense counsel wrote a letter to that clerk, known to all to perform the setting function, objecting to the setting as being some 8 days beyond the 90-day limit. The clerk, apparently without reading the letter and without advising the judge or the city prosecutor, merely filed it. When the matter came on for trial, defense counsel moved to dismiss, i.e.,…