State v. Orozco
State v. Orozco
Opinion of the Court
¶ 1 — Christina Orozco appeals her conviction for stalking. She argues that the trial court erred by refusing to disqualify the Snohomish County Prosecutor’s Office (Prosecutor’s Office) because one of its attorneys assisted her victim in obtaining a civil antiharassment order. She fails to properly raise any relevant Washington rule, statute, or case to support her claim that a prosecutor’s office cannot assist a county employee in obtaining a civil antiharassment order against another county employee and then later prosecute the offending employee criminally without creating an impermissible conflict of interest. We affirm.
FACTS
¶2 Orozco harassed and stalked Tina Rogers. Both women worked for Snohomish County (County) when the
DISCUSSION
¶3 Orozco contends the trial court erred in refusing to disqualify the Prosecutor’s Office and in finding that there was no conflict of interest that precluded it from proceeding against her criminally for stalking Rogers after it had assisted Rogers in obtaining a civil antiharassment order against her. We disagree.
¶4 We review a decision not to disqualify an attorney for an abuse of discretion.
¶5 Orozco argues that the Prosecutor’s Office could not prosecute her after its civil division assisted her victim in obtaining a civil antiharassment order without violating its duty of impartiality under RPC 3.8. But a prosecutor has no duty of impartiality under RPC 3.8. The term “impartial” appears nowhere in the text of or comments to RPC 3.8. And the Washington Supreme Court has quoted a United States Supreme Court decision to explain that prosecutors are neither expected nor required to be completely impartial:
The Court observed that, unlike judges, “[pjrosecutors need not be entirely ‘neutral and detached,’ ” and may be rewarded for initiating and carrying out prosecutions in the name of the people. As such, they “are necessarily permitted to be zealous in their enforcement of the law.” Although the constitution prevents prosecutors from making decisions that are “motivated by improper factors or ... contrary to law. .. [, t]he strict requirements of neutrality cannot be the same for . . . prosecutors as for judges . . . .”[6]
The trial court properly ruled that the prosecutor’s actions did not violate RPC 3.8.
¶7 Finally, in her reply brief, Orozco argues for the first time that the prosecuting attorney’s conduct violates RCW 36.27.050. But RAP 2.5(a) limits our review to issues the trial court had an opportunity to consider.
¶8 We affirm.
Review denied at 165 Wn.2d 1005 (2008).
RCW 36.32.020.
State v. Schmitt, 124 Wn. App. 662, 666, 102 P.3d 856 (2004) (citing Pub. Util. Dist. No. 1 of Klickitat County v. Int’l Ins. Co., 124 Wn.2d 789, 812, 881 P.2d 1020 (1994)).
Id. (citing State v. Stenson, 132 Wn.2d 668, 701, 940 P.2d 1239 (1997), cert. denied, 523 U.S. 1008 (1998)).
State v. Vicuna, 119 Wn. App. 26, 30, 79 P.3d 1 (2003) (quoting State v. Ramos, 83 Wn. App. 622, 629, 922 P.2d 193 (1996)), review denied, 152 Wn.2d 1008 (2004).
State v. Tobin, 161 Wn.2d 517, 523, 166 P.3d 1167 (2007) (citing State v. Kinneman, 155 Wn.2d 272, 289, 119 P.3d 350 (2005)).
6 State v. Finch, 137 Wn.2d 792, 810, 975 P.2d 967 (alterations in original) (citations omitted) (quoting Marshall v. Jerrico, Inc., 446 U.S. 238, 248-50, 100 S. Ct. 1610, 64 L. Ed. 2d 182 (1980)), cert. denied, 528 U.S. 922 (1999).
Orozco also cites Berger v. United States to support her claim that a prosecutor has a duty of impartiality. 295 U.S. 78, 55 S. Ct. 629, 79 L. Ed. 1314 (1935). But Berger is not a conflict of interest case. Berger discusses the duty of a prosecutor to refrain from making improper comments about the evidence and suggesting
529 Pa. 387, 604 A.2d 700, 701 (1992).
Commonwealth v. Lutes, 2002 Pa. Super 51, 793 A.2d 949, 956 (2002).
See Almquist v. Finley Sch. Dist. No. 53, 114 Wn. App. 395, 401-02, 57 P.3d 1191 (2002), review denied, 149 Wn.2d 1035 (2003).
Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801, 809, 828 P.2d 549 (1992).
Reference
- Full Case Name
- The State of Washington v. Christina S. Orozco
- Cited By
- 12 cases
- Status
- Published