RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO CrRLJ 2.1 AND IRLJ 2.1||)
Now, therefore, it is hereby
(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.
Proposed Amendment to Criminal Rules for Courts of Limited Jurisdiction
Revised CrRLJ 2.1
COMPLAINT -- CITATION AND NOTICE
The proposed change does not make any substantive changes to the current content or format of citation forms.
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
Proposed Amendment to Infraction Rules for Courts of Limited Jurisdiction
Revised IRLJ 2.1
Notice of Infraction
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.
NOTICE OF INFRACTION -- Proposed Revision
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.