{"id":1237,"date":"2021-06-22T16:24:33","date_gmt":"2021-06-22T20:24:33","guid":{"rendered":"https:\/\/www.nlg.org\/guild-notes\/?post_type=article&p=1237"},"modified":"2021-06-25T15:31:19","modified_gmt":"2021-06-25T19:31:19","slug":"nlg-seattle-amicus-committee-brings-international-human-rights-standards-to-wa-supreme-court-case","status":"publish","type":"article","link":"https:\/\/www.nlg.org\/guild-notes\/article\/nlg-seattle-amicus-committee-brings-international-human-rights-standards-to-wa-supreme-court-case\/","title":{"rendered":"NLG-Seattle Amicus Committee Brings International Human Rights Standards to WA Supreme Court Case"},"content":{"rendered":"\n

by Jacob Freeman, NLG-Seattle Amicus Committee Chair<\/strong><\/p>\n\n\n\n

As a very busy summer turned into a less busy and much colder and darker autumn and winter, the Seattle Chapter of NLG<\/a> turned its attention to organizing the energy and talent of its members\u2014veterans and new recruits alike\u2014to advance the Chapter\u2019s mission to use law for the people. This effort led to, among other things, the formation of the Chapter\u2019s Amicus Committee. The committee\u2019s charge is to identify cases coming before Washington State\u2019s Supreme Court and other courts in the jurisdiction that involve issues of concern to the Chapter and, with consultation and approval from the Chapter\u2019s Board, draft and file \u201cfriend of the court\u201d briefs in those cases advocating the Chapter\u2019s position.<\/p>\n\n\n\n

The committee\u2019s most recent filed amicus brief was in the case Personal Restraint of Robert Rufus Williams, No. 99344-1, before the state\u2019s Supreme Court. The petitioner in the case, Mr. Williams, is a 78-year-old Black man and wheelchair user who is confined to a state prison. As such, he is at a disproportionately higher risk of serious health problems or death from COVID-19. And in fact, by May 2020 Mr. Williams had contracted COVID-19 and was sent to another prison facility\u2019s ICU. After being discharged from the ICU Mr. Williams was returned to his original place of confinement, where he shared a cell with two other men but insufficient space to properly socially distance, and no toilet other than a bottle. Mr. Williams\u2019 petition sought his release from the unsafe environment of the prison system to home confinement with his sister. The intermediate appellate court ruled against Mr. Williams, and he sought discretionary review from the Supreme Court. The Seattle Chapter signed onto an amicus brief in support of the motion for discretionary review, which the Court granted.<\/p>\n\n\n\n

Mr. Williams\u2019 substantive briefing before the Supreme Court focused principally on the state constitution\u2019s cruel punishment clause as well as the federal constitution\u2019s Eighth Amendment. A number of amici filed briefs diving into the constitutional arguments and submitting the views of public health and human rights experts. NLG Seattle\u2019s amicus committee decided to focus its brief on bringing to the Court\u2019s attention the international law obligations and norms that should inform the Court\u2019s interpretation and application of the constitutional standards. <\/p>\n\n\n\n

NLG Seattle\u2019s amicus brief argues that the Court should consult international law sources in determining whether Mr. Williams is being illegally restrained and presents those sources to the Court. (Amicus brief available at https:\/\/www.courts.wa.gov\/content\/Briefs\/A08\/993441%20Amicus%20-%20Seattle%20Chapter%20of%20National%20Lawyers.pdf>.) These sources include conventions and treaties that the U.S. has either signed or signed and ratified, as well as norms so fundamental and so widely accepted as to be part of customary international law. Specifically, the Seattle Chapter\u2019s brief points out the international human rights standards for health, life, dignity, and non-discrimination that apply to Mr. Williams\u2019 petition. These include the International Covenant on Civil and Political Rights, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the \u201cMandela Rules\u201d), pronouncements by the World Health Organization, and the United Nations\u2019 Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. The amicus brief was filed on March 2, 2021, under the name of its principal author and Seattle Chapter board member Neil M. Fox, and the name of the amicus committee\u2019s chairperson, Jacob P. Freeman. In addition, retired member of the Washington State bar Martha Schmidt provided invaluable assistance at all stages of drafting.<\/p>\n\n\n\n

On March 10, after holding oral argument, the Supreme Court issued a brief order that found Mr. Williams\u2019 conditions of confinement to be cruel under the state\u2019s constitution. (Order available at https:\/\/www.courts.wa.gov\/content\/publicUpload\/Supreme%20Court%20Orders\/993441%20Public%20Order%20031221.pdf ) The Court specifically found \u201cthat confining Petitioner Williams in a space that does not include reasonable access to a bathroom and running water, and failing to provide him appropriate assistance in light of his physical disabilities, is cruel.\u201d The Court directed the state department of corrections to remedy the cruel conditions, including by releasing him to home detention, or release him outright. <\/p>\n\n\n\n

The Court\u2019s short order does not mention international law obligations, but it does promise that more explanation of its decision will be in a forthcoming opinion. Regardless of whether that opinion mentions international law, the Seattle Chapter is happy to have had the chance to remind the Court of the state\u2019s international law obligations with respect to human rights and social justice. <\/p>\n","protected":false},"excerpt":{"rendered":"

by Jacob Freeman, NLG-Seattle Amicus Committee Chair As a very busy summer turned into a less busy and much colder and darker autumn and winter, the Seattle Chapter of NLG turned its attention to organizing the energy and talent of its members\u2014veterans and new recruits alike\u2014to advance the Chapter\u2019s mission to use law for the […]<\/p>\n","protected":false},"author":32,"featured_media":0,"menu_order":23,"comment_status":"closed","ping_status":"closed","template":"","format":"standard","meta":{"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","footnotes":"","_members_access_role":[],"_members_access_error":""},"issuem_issue":[220],"issuem_issue_categories":[],"issuem_issue_tags":[],"class_list":["post-1237","article","type-article","status-publish","format-standard","hentry","issuem_issue-guild-notes-vol-46-no-1-2-spring-summer-2021","post"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t