State Of Washington v. Fikru Kelifa ( 2015 )

2015 JUL 13 A?! 9=09
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 71949-1-1
Respondent,
DIVISION ONE
v.
FIKRU KELIFA, UNPUBLISHED OPINION
Appellant. FILED: July 13, 2015
Per Curiam — Fikru Kelifa appeals his termination from drug court and his
conviction for second degree burglary. He argues that closed drug court staffing
meetings preceding his termination and conviction violated his constitutional
rights to a public trial and to be present at all critical stages of a prosecution.
Kelifa's public trial argument is controlled by State v. Svkes, 182 Wn.2d 168, 339
P.3d 972 (2014) (open court provisions of Washington Constitution do not apply
to drug court meetings). His argument that he had a right to be present in the
pretermination staffing meetings also fails. The State points out, and Kelifa does
not dispute, that he expressly waived any such right when he signed a drug court
agreement stating, "I will not be present during these meetings" and "I. . . ask the
Court to proceed without me in these meetings."1
1 The agreement stated in pertinent part:
20. As Part of the Drug Court Protocol, the judge will meet regularly with a group
consisting of my attorney, the prosecutor and treatment staff to discuss my case.
I will not be present during these meetings, they will not be recorded, and they
will not be open to the public. The judge will not make any decisions at these
meetings and will give me the opportunity to provide input at a subsequent
No. 71949-1-1/2
Affirmed.
FOR THE COURT:
| /.okoy J
hearing before making a decision in my case. I agree to this procedure and ask
the Court to proceed without me in these meetings.
My lawyer and I have reviewed and discussed all of the above paragraphs 1
through 20. I understand them all and do hereby knowingly give up these rights.
CP13.