Hawkins v. King County

Rule of Law:

An attorney's ethical duty of zealous advocacy for a client overrides any general duty to voluntarily disclose information detrimental to the client's interests at a bail hearing, unless disclosure is explicitly required by law or the attorney knows beyond a reasonable doubt that the client intends to commit a specific crime against an unknowing victim.

Facts:

• Michael Hawkins was arrested for possession of marijuana.
• Richard Sanders was court-appointed as Hawkins' defense attorney, and Hawkins informed Sanders that he wanted to be released from jail.
• An attorney hired by Hawkins' mother, Palmer Smith, informed Sanders that Hawkins was mentally ill and dangerous.
• A psychiatrist, Dr. Elwood Jones, also contacted Sanders by phone and letter, stating that Hawkins was mentally ill, a danger to himself and others, and should not be released.
• At Hawkins' bail hearing, Sanders did not volunteer any of the information he had received regarding his client's mental state.
• The court released Hawkins on a personal surety bond.
• Eight days after his release, Michael Hawkins assaulted his mother and then attempted suicide by jumping from a bridge, resulting in the amputation of both his legs.

Procedural Posture:

• Michael and Frances M. Hawkins (plaintiffs) filed a tort action against several parties in a state trial court (Superior Court).
• The Hawkinses later amended their complaint to name Richard Sanders (defendant) a party, alleging malpractice and negligence.
• Sanders filed a motion to dismiss for failure to state a claim.
• The trial court granted Sanders' motion, which it later clarified was a summary judgment in favor of Sanders.
• The Hawkinses (appellants) were granted an interlocutory appeal of the summary judgment to the intermediate court of appeals.