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Washington Supreme Court hears argument over whether victims can intervene on appeal to shield medical records
Summary
The Washington Supreme Court heard argument in State v. Lester Thompson Jr. over whether a decedent's estate may intervene as a party on direct appeal to protect a victim's medical records. Defense counsel said party intervention turns the estate into a second prosecutor; intervener and state counsel argued victims need a direct remedy under Criminal Rule 4.8 and appellate procedure.
The Washington State Supreme Court convened at Western Washington University on a traveling court sitting to hear argument in State of Washington v. Lester Thompson Jr., a dispute over whether the decedent's estate may intervene as a party on direct criminal appeal to defend the privacy of medical records.
The question before the court was procedural but potentially consequential: does allowing a nonparty who sought and obtained a trial-court protective order to intervene on appeal turn that nonparty into a party defending the conviction, and if so, what remedies and limits are appropriate? The court heard 15-minute principal arguments followed by questioning from multiple justices and a brief rebuttal before the case was submitted.
Defense attorney Christopher Buffroni, appearing for Thompson, told the court that the Court of Appeals erred in permitting the estate to intervene as a party on direct appeal and that doing so improperly lets the estate act as a second prosecutor. "The court of appeals…
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