RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO RAP 16.24||)|
Now, therefore, it is hereby
(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.|
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.