Attorney Richard Duquette wins again!

A Superior Court panel yesterday found that judges at the Vista courthouse do not have a policy of ordering all misdemeanor defendants to appear for trial, dismissing a case brought by a lawyer who claimed the practice was illegal.

The three judges further ruled that a 22-year-old college student has the right to be absent from her upcoming misdemeanor trial on charges of driving under the influence of alcohol and can be represented by her attorney.

The decisions end a legal fight brought by attorney Richard Duquette on behalf of Christina Harris, an Arizona State University senior who said traveling to San Diego County for a trial would be a financial hardship on her.
The Carlsbad lawyer used Harris' case to change what he described as a “blanket policy” at the North County court requiring all misdemeanor defendants to appear at trial, which he said violated state law and their constitutional rights.

The case began Nov. 9, when Duquette appeared before Judge K. Michael Kirkman prepared to go to trial without his client in the courtroom. When prosecutor Matthew Tag objected, and Kirkman questioned whether that was allowed, the case was stopped to allow Duquette time to present the issue to the court's appellate division.

Court records from a Sept. 8 hearing show that Judge Richard E. Mills ordered Harris to appear for her trial. Duquette argued that the judge never made that order while sitting on the bench, and said a tape recording of the hearing proved it.

Yesterday, Judges Peter Deddeh, Louis Hanoian and Esteban Hernandez unanimously agreed, sent the case back to Vista for trial and gave Harris the option of being present.

“Somehow on the court's minute order (paperwork), the defendant is ordered to appear,” Hanoian said. “That didn't come from Judge Mills.”

Another judge suggested it may have been human error.

“Maybe a clerk made a mistake in a high-volume (courtroom),” Deddeh said.

As for the issue of a blanket policy, the judges found there was no evidence to support that argument and dismissed that portion of the case.

Duquette declared victory in an interview.

“The court's decision was a just decision. It was appropriate,” he said. “This is not a case where her appearance is required.”

Prosecutor Anna Winn initially disagreed with the court's decision, arguing that Harris was properly ordered to appear for her trial. She later relented, and said in an interview she was pleased with the appellate panel's decision.

“I'm glad that the judges found there is no blanket policy ordering people to appear at trial,” Winn said. “I think we can work the other issues out.”

Harris, a chemistry student who wants to pursue a career as a crime-scene technician, was pulled over about 2 a.m. July 2 by a California Highway Patrol officer on Carlsbad Boulevard near Carlsbad Village Drive.

The vacationing student was arrested, charged with DUI and accused of driving with a blood-alcohol level of 0.10 percent, above California's legal limit of 0.08, according to court records.

Harris, who lives in the Phoenix area, is fighting the charges because she is not guilty and is concerned that a conviction could cost her a career in law enforcement, her attorney said.

Duquette, who was paid initially, said he agreed to continue working for free after his client ran out of money because he believed strongly in the case. The judges yesterday declined his request to be reimbursed for working on the challenge.

Misdemeanors are crimes with a maximum punishment of one year in county jail. Most first-time offenders, like Harris, avoid jail time if convicted.


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