Washington Supreme Court

The State of Washington v. Peter Richard Barton

July 31, 2014181 Wash. 2d 148

Summary

The Washington Supreme Court held that Article I, section 20 of the Washington Constitution guarantees a defendant the option to secure bail through a third‑party surety, distinct from cash or other security. The trial court's order requiring a cash‑only deposit violated this guarantee, so the order was vacated and the case remanded for further proceedings consistent with the opinion. A concurring opinion agreed on the surety right but argued that the underlying rule, CrR 3.2(b)(4), is itself unconstitutional.

Holding

  • Whether Article I, section 20 requires a surety option for bail.. Yes; the constitutional provision guarantees the defendant the option to secure bail via a surety, distinct from cash or other security.
  • Whether the trial court's cash‑only bail order violated Article I, section 20.. The order violated the constitutional guarantee and is vacated; the case is remanded for further proceedings consistent with this opinion.

Docket No. 89390-0

Cited authorities

  • 18 U.S.C. §§ 3146-3152

Cited by