State v. Gassman

Summary

The Washington Supreme Court considered whether a trial court properly imposed attorney-fee sanctions against the State under its inherent authority in a criminal prosecution. The court held that although bad faith may be inferred from the record without an express finding, the record here showed only careless conduct and did not support an inference of bad faith. The court reversed the sanctions order.

Holdings

1. An express finding of bad faith is not strictly required, but attorney-fee sanctions imposed under inherent authority must be supported by conduct that is bad faith or tantamount to bad faith, which may be inferred from the record.
2. The sanctions award could not be sustained because the trial court found only that the State's conduct was careless and not purposeful, and the record—including defense counsel's concessions—did not support an inference of bad faith or conduct tantamount to bad faith.

Questions Presented

1. Whether a trial court may impose attorney-fee sanctions under its inherent authority in a criminal case without making an express finding of bad faith.
2. Whether the record supported an inference of bad faith or conduct tantamount to bad faith sufficient to sustain the sanctions award.

Disposition

reversed