WSR 08-09-009

RULES OF COURT

STATE SUPREME COURT


[ April 4, 2008 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO CrRLJ 2.1 AND IRLJ 2.1 )

)

)

ORDER

NO. 25700-A-890


The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to CrRLJ 2.1 and IRLJ 2.1, and the Court having determined that the proposed amendment 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 (j)(1), the amendment will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 3rd day of April, 2008.
Alexander, C. J.


C. Johnson, J.


Owens, J.


Madsen, J.


Fairhurst, J.


Sanders, J.


J. M. Johnson, J.


Chambers, J.


Stevens, J.




GR 9 Cover Sheet


Proposed Amendment to Criminal Rules for Courts of Limited Jurisdiction


Revised CrRLJ 2.1

COMPLAINT -- CITATION AND NOTICE



Purpose -- The proposed rule change to section (b) is based on the Committee's belief that standardize citation forms benefit law enforcement who fill out and issue citations and courts and other agencies enter data contained in the forms into court and other statewide data bases. Increasing use of electronic means for issuing citations has presented challenges in encouraging uniformity. Technology is not uniform across jurisdictions and forms that are being developed to implement different technologies may not comply with statewide citation standards, may not provide adequate notice to offenders, or contain all data that state agencies need to have reported. A rule change that clearly makes AOC responsible for prescribing citation forms will assist AOC and the Committee in ensuring uniformity. The proposed rule change would clarify that AOC has the authority to prescribe the form and content of citation forms.

The proposed change does not make any substantive changes to the current content or format of citation forms.



CrRLJ 2.1

COMPLAINT -- CITATION AND NOTICE -- Proposed Revision


(a) No change

(b) Citation and Notice To Appear.

(1) Issuance. Whenever a person is arrested or could have been arrested pursuant to statute for a violation of law which is punishable as a misdemeanor or gross misdemeanor the arresting officer, or any other authorized peace officer, may serve upon the person a citation and notice to appear in court. Criminal citations shall be on a form entitled "Criminal Citation" prescribed by the Administrative Office of the Courts. Citation forms prescribed by the Administrative Office of the Courts are presumed valid.

(b)(2) -- (5) No Change

(c) - (d) No Change



GR 9 Cover Sheet


Proposed Amendment to Infraction Rules for Courts of Limited Jurisdiction


Revised IRLJ 2.1

Notice of Infraction



Purpose -- The Committee believes that standardized citation forms benefit law enforcement officers who fill out and issue notices of infraction and courts and other agencies that enter data from the forms into court and other statewide databases. The Committee has worked closely with the statewide electronic citation project (eCitation) to ensure that electronically issued citations conform to the specifications for paper citation forms. However, the statewide eCitation project does not encompass all methods that are in use for electronically issuing citations (e.g.: photo enforcement and handheld equipment (PDA) other than that being supported as part of eCtiation.

The proliferation of methods for issuing citations has resulted in individual jurisdictions and their vendors creating forms that may not conform to statewide citations standards. A rule change that clearly makes AOC responsible for prescribing notice of infraction forms will assist AOC and the Committee in ensuring uniformity. The proposed rule change would clarify that AOC has the authority to prescribe the form and content of non-traffic notice of infraction forms.

The proposed change does not make any substantive changes to the current content or format of notice of infraction forms.



IRLJ 2.1

NOTICE OF INFRACTION -- Proposed Revision


(a) Traffic Infraction Form Prescribed or approved by the Administrative Office of the Courts. Traffic infraction Infraction cases shall be filed on a form entitled "Notice of Traffic Infraction" prescribed by the Administrative Office of the Courts; except that the form used to file cases alleging the commission of a parking, standing or stopping infraction shall be approved by the Administrative Office of the Courts. Traffic infraction Notice of Infraction forms prescribed or approved by the Administrative Office of the Courts are presumed valid and shall not be deemed insufficient by reason of defects or imperfections which do not prejudice substantial rights of the defendant.

(b) No Change

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office