WSR 99-07-010

RULES OF COURT

STATE SUPREME COURT


[ March 4, 1999 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO RAP 16.24)

)

ORDER

NO. 25700-A-649

The Court having determined that the adoption of an amendment to RAP 16.24 will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendment as attached hereto is adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendment will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 4th day of March, 1999.
Richard P. Guy, C.J.


Durham, J.


Alexander, J.


Charles Z. Smith


Sanders, J.


Johnson, J.


Ireland, J.


Madsen, J.


Talmadge, J.



RULE 16.24 STAY OF EXECUTION IN CAPITAL CASES

(a) An motion application for stay of execution will be decided by the en banc court, except that the Clerk a commissioner or the clerk may decide an application for a stay of execution in connection with a first petition for relief from restraint. No stay will be granted until after a death warrant has been issued. When any stay is granted, the clerk a commissioner or the clerk will immediately notify, in addition to the parties, the Superintendent of the Washington State Penitentiary, and the Attorney General. A stay of execution will dissolve thirty (30) days after a certificate of finality is issued.

(b) The petitioner or his or her lawyer may file an application for a stay of execution in connection with a first petition for relief from restraint. This application shall be accompanied by a statement, describing one or more grounds for relief, which shall be deemed to be a petition for relief from restraint with leave granted to amend the petition upon appointment of counsel.

(c) Upon the filing of this application for stay of execution in connection with a first petition for relief from restraint and statement, the Supreme Court Clerk a commissioner or the clerk shall issue a stay of execution, if the statement identified any ground for relief that is not patently frivolous. The stay will remain in effect until the certificate of finality is issued.

(d) A stay of execution pending a final disposition of a second or subsequent petition shall not be granted unless the petition makes a substantial showing that the petition is not barred by RCW chapter 10.73 or RAP 16.4(d).

(e) A stay of execution will dissolve when a certificate of finality is issued unless otherwise ordered by the court.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office