Appeals Court Warns of Sanctions in Aaron Fisher Appeal

The Washington State Court of Appeals, Division II, has warned counsel in Aaron Fisher's manslaughter appeal that a $250 sanction may follow unless a missed filing, or a request for more time, reaches the Tacoma court by Thursday.

A July 27 letter signed by Court Clerk/Administrator Derek M. Byrne states that the appellant failed to timely file the Designation of Clerk's Papers and the Statement of Arrangements by their July 24 due date. 

Unless those documents, or a motion for an extension of time, are received within 10 days of the letter, by August 6, it states that the matter will be referred to the Clerk/Administrator and that sanctions of $250 "may be imposed without further notice."

The letter cites RAP 18.9(a), which permits the appellate court to impose sanctions when a party or counsel fails to comply with the rules of appellate procedure.

The court's public docket lists two July 27 entries for a letter of sanctions sent by the court and two for a court's motion for sanctions for failure to file.

Both documents are procedural, but their timing sets the schedule for the rest of the appeal. The designation of clerk's papers, required under RAP 9.6(a), identifies which trial court records are sent up for review. 

The statement of arrangements, under RAP 9.2(a), identifies who is preparing the trial transcript and for which hearing dates. 

The appellant's opening brief is due 60 days after the transcript is filed, or 45 days after the designation if the record includes no transcript.

Those due dates were set in a June 24 letter from the same office, which told counsel in bold type that it "may be the only notice you will receive concerning due dates." 

Fisher is appealing his conviction for first-degree manslaughter under RCW 9A.32.060(1)(a) in the death of Richard Madeo, 70. 

A Clallam County jury returned its verdict Feb. 12. On March 31, Superior Court Judge Brent Basden sentenced Fisher to 90 months in prison, within a standard range of 78 to 102 months, followed by 36 months of community custody.

Trial attorney Lane Wolfley filed the notice of appeal in Clallam County Superior Court on April 14. 

An order of indigency was filed in superior court the same day, allowing Fisher to pursue review at public expense, including transcripts, clerk's papers and appointed counsel.