Oral Argument February 18, 2015
Appeal from Thurston Superior Court. Docket No: 13-1-00532-1. Judge signing: Honorable Gary Ray Tabor. Judgment or order under review. Date filed: 10/23/2013.
Lisa E. Tabbut, for appellant.
Jon Tunheim, Prosecuting Attorney, and Carol L. La Verne, Deputy, for respondent.
Authored by Bradley A. Maxa. Concurring: Linda CJ Lee, Rich Melnick.
Bradley A. Maxa, J.
[187 Wn.App. 710] ¶ 1 Calvert Anderson Jr. appeals his convictions for third degree assault and obstructing a law enforcement officer. During voir dire, Anderson successfully challenged four prospective jurors for cause at a sidebar conference. We hold that the trial court violated Anderson's constitutional right to a public trial by allowing counsel to make juror challenges for cause at a sidebar conference without first conducting a Bone-Club  analysis. Therefore, we reverse Anderson's convictions and remand for a new trial.
¶ 2 The State charged Anderson with third degree assault and obstructing a law enforcement officer after he scuffled with police officers. A jury convicted Anderson of both crimes.
¶ 3 During voir dire, Anderson challenged four prospective jurors for cause at a sidebar conference. The trial court dismissed all four challenged prospective jurors. No transcription of the sidebar conference appears in the record, but the trial court later noted the challenges and resulting dismissals for the record. The ...