IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO CrR 3.3(J)

) )

ORDER NO. 25700-A-694

     The Superior Court Judges' Association having recommended the adoption of the proposed amendment to CrR 3.3(j), and the Court having approved the proposed amendment for publication;

     Now, therefore, it is hereby

     ORDERED:

     (a) That pursuant to the provisions of GR 9(f), the proposed amendment as attached hereto is to be published for comment in the Washington Reports, the Washington Register, Washington State Bar Association and Office of the Administrator for the Court's websites in January 2001.

     (b) The purpose statement as required by GR 9(d), is published solely for the information of the Bench, Bar and other interested parties.

     (c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2001. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Lisa.Bausch@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 7th day of December 2000.

	Richard P. Guy
	CHIEF JUSTICE

     (B) Spokesperson: Judge Salvatore "Sam" F. Cozza, Chair, SCJA Criminal Law and Rules Committee.

     (C) Purpose: The rules governing criminal procedure in the superior courts do not contain a specific provision for a waiver by the defendant of the right to a speedy trial, even though this is a common feature of criminal practice. This suggested new section provides for such a waiver and requires that the waiver be to a date certain or for a specified period of days.

     There is some evidence that this provision was inadvertently omitted during a general revision of the rules in 1995. (See 4A Orland and Tegland, Wash. Prac.: CrR 3.3, Author's Comments, pp. 170-172.)

     The companion rule for the courts of limited jurisdiction includes such a waiver, although not in identical language. The rule for the courts of limited jurisdiction, CrRLJ 3.3(j), allows both the defendant and his or her attorney, acting with express authority, to waive the defendant's right to a speedy trial.

     The suggested rule for the superior court allows only the defendant to waive his or her right to a speedy trial. This makes it less likely that a question will arise later in the proceedings about whether the defendant actually agreed to the waiver of his or her right to a speedy trial.

     (D) Hearing: None recommended.

     (E) Expedited Consideration: Not requested.

     (j) Waiver. A defendant may waive his or her time for trial rights. A waiver shall be in writing and shall be signed by the defendant. The waiver shall be to a date certain beyond the current expiration date as calculated pursuant to this rule or for a period of days beyond the current expiration date.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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