PORT ANGELES — The Clallam County Prosecuting Attorney’s Office will not have to pay a $500 penalty handed down by a Superior Court judge last year.
The state Court of Appeals overturned the sanction Tuesday, ruling that a factual error in a motion filed by a deputy prosecutor in a vehicular homicide case was neither baseless nor malicious.
Clallam County Prosecuting Attorney Deb Kelly said in a written statement that her office had been “steadfast” in its view that the fine was inappropriate.
“The office is pleased the Court of Appeals applied the longstanding precedent that while misconduct may warrant sanction, simple error does not,” she said.
Issued in 2010
Clallam County Judge Brooke Taylor issued the sanction in February 2010 after a deputy prosecutor erroneously wrote that defendant Roger Mallicott was a member of the Hells Angels motorcycle club and that attorney Karen Unger “apparently” represents them.
Mallicott had told police he was a member of the Amigos motorcycle club.
The prosecutor, Erika Soublet, filed the motion to have Mallicott and Lovera Blackcrow, both charged with vehicular homicide in the death of Shelly Bartlett of Sequim, tried separately.
She filed the motion, later granted, because Unger, who represented Blackcrow, had been contacted by Mallicott after he was arrested.
In doing so, she mistakenly said Mallicott is a member of the Hells Angels, rather than the Amigos, and that Unger apparently represents them because he had contacted her after stating he needed to follow his club’s procedures.
Taylor levied the sanction after Unger filed a motion for penalties.
Unger said she still thinks she was right to seek a penalty for the errors but won’t challenge the appellate court’s ruling.
“I thought my motion was appropriate at the time,” she said.
Charges against Mallicott were dropped in December, and Blackcrow was later acquitted.
Both were convicted of driving under the influence of alcohol.
Mallicott’s DUI conviction is being appealed.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
