RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrRLJ 3.3 | ) ) |
ORDER NO. 25700-A-780 |
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 6th day of November 2003.
| Alexander, C.J. |
|
| Johnson, J. |
Bridge, J. |
| Madsen, J. |
Chambers, J. |
| Sanders, J. |
Owens, J. |
| Ireland, J. |
Fairhurst, J. |
TIME FOR TRIAL
SUGGESTED AMENDMENT
(1) Responsibility of Court. It shall be the responsibility of the court to ensure a trial in accordance with this rule to each person charged with a crime.
(2) Precedence Over Civil Cases. Criminal trials shall take precedence over civil trials.
(3) Definitions. For purposes of this rule:
(i) "Pending charge" means the charge for which the allowable time for trial is being computed.
(ii) "Related charge" means a charge based on the same conduct as the pending charge that is ultimately filed in the trial court.
(iii) "Appearance" means the defendant's physical presence in the trial court. Such presence constitutes appearance only if (A) the prosecutor was notified of the presence and (B) the presence is contemporaneously place on the record under the cause number of the pending charge.
(iv) "Arraignment" means the date determined under CrRLJ 4.1(b).
(v) "Detained in jail" means held in the custody of a correctional facility pursuant to the pending charge. Such detention excludes any period in which a defendant is on electric home monitoring, is being held in custody on an unrelated charge or hold, or is serving a sentence of confinement.
(vi) "Trial court" means the court where the pending charge was filed.
(4) Construction. The allowable time for trial shall be computed in accordance with this rule. If a trial is timely under this language of this rule but was delayed by circumstances not addressed in this rule or CrRLJ 4.1, the pending charge shall not be dismissed unless the defendant's constitutional right to a speedy trial was violated.
(5) Related Charges. The computation of the allowable time for trial of a pending charge shall apply equally to related charges.
(6) Reporting of Untimely Trials. The court shall report to the Administrative Office of the Courts, on a form determined by that office, any case in which
(i) the court dismissed a charge on a determination pursuant to section (h) that the charge had not been brought to trial within the time allowed by this rule, or
(ii) the time limits would have been violated absent the cure period authorized by section (g).
(b) Time for Trial.
(1) Defendant Detained in Jail. A defendant who is detained in jail shall be brought to trial within the longer of
(i) 60 days after the commencement date specified in this rule, or
(ii) the time specified in subsection (b)(5).
(2) Defendant Not Detained in Jail. A defendant who is not detained in jail shall be brought to trial within the longer of
(i) 90 days after the commencement date specified in this rule, or
(ii) the time specified in subsection (b)(5).
(3) Release of Defendant. If a defendant is released from jail before the 60-day time limit has expired, the limit shall be extended to 90 days.
(4) Return to Custody following Release. If a defendant not detained in jail at the time the trial date was set is subsequently return to custody on the same or related charge, the 90-day limit shall continue to apply. If the defendant is detained in jail when trial is reset following a new commencement date, the 60-day limit shall apply.
(5) Allowable Time after Excluded Period. If any period
of time is excluded pursuant to section (f) (e), the allowable
time for trial shall not expire earlier than 30 days after the
end of that excluded period.
(c) Commencement date.
(1) Initial Commencement Date. The initial commencement date shall be the date of arraignment as determined under CrRLJ 4.1.
(2) Resetting of commencement date. On occurrence of one of the following events, a new commencement date shall be established, and the elapsed time shall be reset to zero. If more than one of these events occurs, the commencement date shall be the latest of the dates specified in this subsection.
(i) Waiver. The filing of a written waiver of the defendant's rights under this rule signed by the defendant. The new commencement date shall be the date specified in the waiver, which shall not be earlier than the date on which the waiver was filed. If no date is specified, the commencement date shall be the date of the trial contemporaneously or subsequently set by the court.
(ii) Failure to Appear. The failure of the defendant to appear for any proceeding at which the defendant's presence was required. The new commencement date shall be the date of the defendant's next appearance.
(iii) New Trial. The entry of an order granting a mistrial or a new trial or allowing the defendant to withdraw a plea of guilty. The new commencement date shall be the date the order is entered.
(iv) Appellate Review or Stay. The acceptance of review or grant of a stay by an appellate court, or the issuance of a writ of certiorari, mandamus, or prohibition. The new commencement date shall be the date of the defendant's appearance that next follows the receipt by the clerk of the trial court of the mandate or written order terminating review or stay.
(v) Collateral Proceeding. The entry of an order granting a new trial pursuant to a personal restraint proceeding, a habeas corpus proceedings, or a motion to vacate judgment. The new commencement date shall be the date of the defendant's appearance that next follows either the expiration of the time to appeal such order or the receipt by the clerk of the trial court of notice of action terminating the collateral proceeding, whichever comes later.
(vi) Change of venue. The entry of an order granting a change of venue. The new commencement date shall be the date of the order.
(vii) Disqualification of Counsel. The disqualification of the defense attorney or prosecuting attorney. The new commencement date shall be the date of the disqualification.
(viii) Deferred Prosecution. The filing of a motion for deferred prosecution. The new commencement date shall be the date that an order is entered denying the motion or revoking the deferred prosecution.
(d) Trial Settings and Notice -- -Objections -- -Loss of Right to Object.
(1) Initial Setting of Trial Date. The court shall,
within 15 days of the defendant's actual arraignment in the
trial court or at the omnibus pre-trial hearing, set a date
for trial which is within the time limits prescribed by this
rule and notify counsel for each party of the date set. If a
defendant is not represented by counsel, the notice shall be
given to the defendant and may be mailed to the defendant's
last known address. The notice shall set forth the proper
date of the defendant's arraignment and the date set for
trial.
(2) Resetting of Trial Date. When the court determines that the trial date should be reset for any reason, including but not limited to the applicability of a new commencement date pursuant to subsection (c)(2) or a period of exclusion pursuant to section (e), the court shall set a new date for trial which is within the time limits prescribed and notify each party of the date set.
(3) Objection to Trial Setting. A party who objects to the date set on the ground that it is not within the time limits prescribed by this rule must, within 10 days after the notice is mailed or otherwise given, move that the court set a trial date within those time limits. Such motion shall be promptly noted for hearing by the moving party in accordance with local procedures. A party who fails, for any reason, to make such a motion shall lose the right to object that a trial commenced on such a date, is not within the time limits prescribed by this rule.
(4) Loss of Right to Object. If a trial date is set outside the time allowed by this rule, but the defendant lost the right to object to that date pursuant to subsection (d)(3), that date shall be treated as the last allowable date for trial, subject to section (g). A later trial date shall be timely only if the commencement date is reset pursuant to a subsection (c)(2) or there is a subsequent excluded period pursuant to section (e) and subsection (b)(5).
(e) Excluded Periods. The following periods shall be excluded in computing the time for trial:
(1) Competency Proceedings. All proceedings relating to the competency of a defendant to stand trial on the pending charge, beginning on the date when the competency examination is ordered and terminating when the court enters a written order finding the defendant to be competent.
(2) Proceedings on Unrelated Charges. Arraignment, pre-trial proceedings, trial and sentencing on an unrelated charge.
(3) Continuances. Delay granted by the court pursuant to section (f).
(4) Period between Dismissal and Filing. The time between the dismissal of a charge and the refiling of the same or related charge.
(5) Disposition of Related Charge. The period between the commencement of trial or the entry of a plea of guilty on one charge and the defendant's arraignment in the trial court on a related charge.
(6) Defendant Subject to Foreign or Federal Custody or Conditions. The time during which a defendant is detained in jail or prison outside the county in which the defendant is charged or in a federal jail or prison and the time during which a defendant is subjected to conditions of release not imposed by a court of the State of Washington.
(7) Juvenile Proceedings. All proceedings in juvenile court.
(8) Unavoidable or unforeseen Circumstances. Unavoidable or unforeseen circumstances affecting the time for trial beyond the control of the court or of the parties. This exclusion also applies to the cure period of section (g).
(9) Disqualification of Judge. A five-day period of time commencing with the disqualification of the judge to whom the case is assigned for trial.
(f) Continuances. Continuances or other delays may be granted as follows:
(1) Written Agreement. Upon written agreement of the parties which must be signed by the defendant or all defendants, the court may continue the trial to a specified date.
(2) Motion by the Court or a Party. On motion of the court or a party, the court may continue the trial date to a specified date when such continuance is required in the administration of justice and the defendant will not be prejudiced in the presentation of his or her defense. The motion must be filed before time for trial has expired. The court must state on the record or in writing the reasons for the continuance. The bringing of such motion by or on behalf of any party waives that party's objection to the requested delay.
(g) Cure Period. The court may continue the case beyond the limits specified in section (b) on motion of the court or a party made within five days after the time for trial has expired. Such a continuance may be granted only once in the case upon a finding on the record or in writing that the defendant will not be substantially prejudiced in the presentation of his or her defense. The period of delay shall be for no more than 14 days for a defendant detained in jail, or 28 days for a defendant not detained in jail, from the date that the continuance is granted. The court may direct the parties to remain in attendance or be on-call for trial assignment during the cure period.
(h) Dismissal With Prejudice. A charge not brought to trial within the time limit determined under this rule shall be dismissed with prejudice. The State shall provide notice of dismissal to the victim and at the court's discretion shall allow the victim to address the court regarding the impact of the crime. No case shall be dismissed for time-to-trial reasons except as expressly required by this rule, a statute, or federal constitution.
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.