LOCAL CRIMINAL RULES FOR COURT OF
LIMITED JURISDICTION
(CrRLJ)

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LOCAL CRIMINAL RULE 2.5 (RESCINDED)

PROCEDURE ON FAILURE TO OBEY CITATION AND NOTICE

(a) Warrant Costs. The maximum warrant preparation fee permitted under RCW 10.01.160 shall be assessed whenever the Court orders a warrant based on a defendant's failure to appear for any mandatory court appearance on a jailable offense. The fee shall include any costs for service of the warrant and may be waived only if the defendant is later acquitted.

(b) Quashing Warrants. The Court, in its discretion, may quash a failure to appear
warrant under the following circumstances:

(1) Unless specifically prohibited by the Court at the time the warrant was ordered, the defendant may personally appear at the clerk's office and pay the amount of the warrant fee in cash. The defendant shall then personally sign a promise to appear at a hearing no later than the next judicial day. The Court will determine the appropriate conditions for the defendant's continued release at that hearing which may include a requirement that the defendant be detained in lieu of bail; or

(2) If the defendant establishes good cause for the failure to appear in a document sworn under oath, the Court may hear a motion to quash the warrant without requiring payment of the warrant fee in advance. Inadvertence or oversight by defendant or defense counsel shall not constitute good cause for failure to appear.

(3) By agreement of the parties


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LOCAL CRIMINAL RULE 3.1

RIGHT TO AND ASSIGNMENT OF LAWYER

(e) Unless a Notice of Appeal has been filed, an attorney appointed at public expense shall be deemed automatically withdrawn from representation thirty days following a final decision of the Court as defined in RALJ without need to file any document with the Court.

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LOCAL CRIMINAL RULE 3.2

RELEASE OF ACCUSED

(m) Bail Schedule.  A bail schedule may be established by a majority vote of the judges.  The schedule may be revised from time to time in the interest of justice. A copy of the bail schedule shall be available in the Clerk's office.  The bail schedule shall be intended as a guideline, but shall not be construed as limiting the authority of the Court in individual cases to set bail in a different amount.

(n) Domestic Violence Cases.  A defendant arrested on a Domestic Violence offense shall be detained without bail until first appearance on the next judicial day.  Standard bail for Domestic Violence cases after arraignment shall be $1,000, but the court may reduce or increase the amount of bail in an individual case giving due consideration to the factors specified in CrRLJ 3.2.

(p) Return of Cash Bail.  The court may apply cash bail posted in the defendant's name to pay the defendant's fines, penalties and costs on the present case or on any past due obligations to the court.

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LOCAL CRIMINAL RULE 3.3 (RESCINDED)

TIME FOR TRIAL

(k) Scheduling. Each criminal case set for trial shall be scheduled for a status conference before trial. Failure of the Defendant to appear at the status conference shall be grounds for issuance of a warrant for the Defendant's arrest. Defendants who appear at the status conference but who have failed to make necessary contact with counsel prior to the status conference may be subject to changes in their conditions of release.

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LOCAL CRIMINAL RULE 3.4 (RESCINDED)

MANDATORY APPEARANCE

(c) Minors. Defendants under the age of eighteen years should be accompanied by a parent or guardian at all court appearances. And the Court may continue any proceeding to obtain the attendance of the parent or guardian.

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LOCAL CRIMINAL RULE 4.1

ARRAIGNMENT

(d) Appearance by Defendant's Lawyer. A defendant or defendant's lawyer may not waive personal appearance at arraignment on any gross misdemeanor offense.

(e) Deferred Prosecution. A Petition for Deferred Prosecution and Order Deferring Prosecution shall only be considered when presented on forms provided by the count.

1. Defendant must file a separate Petition for Deferred Prosecution and proposed Order Deferring Prosecution for each cause number on which Deferred Prosecution is sought.

2.Defendant must file reports and related materials, including, but not limited to, breath test printouts, blood test results, and abstracts of the defendant’s driving record at the time the Petition for Deferred Prosecution is filed. Defendant must file a copy for District Court Probation of the aforementioned documents for the Court file of each cause number. Defendant shall also provide copies of the Petition, proposed Order, evaluation and proposed treatment plan for review by the Prosecuting Authority.

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LOCAL CRIMINAL RULE 4.2

PLEAS

(j) Forms. A written statement on plea of guilty shall be prepared by the defendant's lawyer on a form prescribed by the Court or as set forth in CrRLJ 4.2(g).

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LOCAL CRIMINAL RULE 4.7 (RESCINDED)

DISCOVERY

(a) (2) Unless otherwise specifically ordered by the Court, all discoverable materials shall be provided by the prosecutor to the defense within 14 days of arraignment without written demand.

(b) (2) Unless otherwise specifically ordered by the Court, all discoverable materials shall be provided by the Defense to the Plaintiff not less than three court days prior to the Status Conference. The Plaintiff need not file a written demand for discovery.

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LOCAL CRIMINAL RULE 4.11

STATUS CONFERENCES

(a) Scheduling. A Status Conference shall be held before trial on every criminal case. Status conferences and trials shall be set at approximately the following intervals from arraignment:

In Custody: Two weeks after arraignment.

Out of Custody: Six weeks after arraignment.

(b) Purpose. The Status Conference is designed to determine the readiness of the case for trial and to provide accurate information to the Court about which cases are actually going to be tried. The parties shall conduct themselves with this objective in mind.

(c) Level of Preparation. It is expected that prior to the Status Conference:

(1) The prosecutor will have made a good faith effort to contact, interview, and confer with the principal witnesses (if other than a law enforcement officer). The prosecutor should be able to assure the court that the case will proceed to trial and that he or she reasonably believes a prima facie case can be established.

(2) The defense attorney will have made a good faith effort to interview and confer with the defendant.

(3) Both counsel will have, to the extent possible, complied with all rules pertaining to discovery.

(4) Both counsel will have, to the extent possible, identified witnesses needed for trial, any motions that should be heard before trial, and have estimated the length of trial.

(5) Both counsel will have conferred concerning the status of the case.

(d) Procedures.

(1) Those defendants wishing to enter guilty pleas at the time of the Status Conference will be provided by the Court with an appropriate written statement which shall be completed by the Defense Counsel, if any.  Such cases may be moved to the end of that day's Status Conference docket or to such other time as ordered by the Court and normally available for entry of guilty pleas.

(2) Motions for continuance for good cause, agreed motions for dismissal, and motions to set a hearing at a time certain may be made at the Status Conference. No other motions will be heard at that time without the express consent of the Court, although the Court may fix a date and time for hearing motions before trial.

(3) Petitions or Notices of Intent to File for Deferred Prosecution may be filed at the time of the Status Conference and heard at that time or scheduled for later hearing.


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LOCAL CRIMINAL RULE 5.1.1

TRIAL BY JURY

(3) Confirmation of Jury Trials.

(1) Any case set for jury trial at the status conference shall be set for jury trial on a date certain.  A confirmation hearing shall be set in the week prior to the jury trial date.  All parties, including the defendant, shall be present.  If the defendant fails to appear at the confirmation hearing, the jury trial shall be stricken and a warrant may be issued for the failure to appear.  At the confirmation hearing, the parties shall advise the court either that the case shall proceed to jury trial as scheduled or that some other disposition has been reached.

(2) Any case confirmed for jury trial not proceeding to jury trial shall be subject to such sanctions as deemed appropriate by the judge including but not limited to jury costs, witness fees and terms.

(3) Failure of a party to confirm that the case will be tried as scheduled constitutes a motion for continuance. If any party fails to confirm that the case will proceed as scheduled or files a confirmation notice which conflicts with the confirmation notice filed by the opponent, counsel for both parties must personally appear before the court at 11:30 a.m. the Tuesday the week before trial for consideration of a motion for a continuance.

(4) Whenever any case assigned for jury trial is settled or will not be tried by the jury for any reason, notice of that fact shall be given immediately to the Court. The Court may impose terms including requiring payment of the actual costs of the jury in the event a party fails to notify the court by 11:00 a.m. the Tuesday the week prior to trial that the case will not be tried to a jury on the date set.

(5) In the event the Tuesday of the week is a holiday or other nonjudicial day, the confirmation shall take place on the judicial day before the holiday or nonjudicial day.

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LOCAL CRIMINAL RULE 6.4 (RESCINDED)

CHALLENGES

The following Local Rules for Civil Cases (L CRLJ) apply with equal force and effect to criminal matters: L CRLJ 38(j).

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LOCAL CRIMINAL RULE 8.2

MOTIONS

(a) Notation for Hearing.  Motions may be noted on the Court's docket by filing of a written Note for Motion Docket.  Counsel shall indicate on the document whether the motion will require live testimony and the estimated time for disposition.

(b) Copies of Motions and Supporting Material.  A party filing a motion other than a motion to continue shall also file at the same time a clearly identified working copy for the judge.  The party shall also provide a clearly identified working copy for the judge of any supporting affidavits, sworn statements, or memorandum of authority on such motions.

(c) Sentence and Bail Reviews. Absent agreement of the parties, the court will not hear a motion to change the conditions of a defendant's release or to review a sentence unless said motion recites in detail facts not known to the court at the time the conditions of release or sentence were entered by the court . Any such motion may be referred to the judge who imposed the conditions of release or sentence for consideration.

(f) No Contact Orders. A request to extinguish or modify a No Contact Order in a Domestic Violence case may only be made by a party to the case. All parties and the alleged victim must be served with written notice at least five court days before any hearing to consider such a request.

(g) Copies of Motions and Supporting Material. A party filing a motion other than a motion to continue shall also file at the same time a dearly identified working copy for the judge. The party shall also provide a clearly identified working copy for the judge of any supporting affidavits, sworn statements, or memorandum of authority on such motions.

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