WSR 11-01-017

RULES OF COURT

STATE SUPREME COURT


[ December 2, 2010 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO CrRLJ 7.3-JUDGMENT )

)

)

 ORDER

NO. 25700-A-968

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendment to CrRLJ 7.3-Judgment, and the Court having determined that the proposed amendment will aid in the prompt and orderly administration of justice and further determined the need for expedited adoption;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendment as shown below is adopted.

     (b) That the amendment will be published expeditiously and become effective upon publication.

     DATED at Olympia, Washington this 2nd day of December, 2010.
     Madsen, C.J.
     C. Johnson, J.

      Owens, J.
     Alexander, J.

      Fairhurst, J.
     Sanders, J.

      J. M. Johnson, J.
     Chambers, J.

      Stephens, J.


SUGGESTED AMENDMENT

CRIMINAL RULES FOR COURTS OF

LIMITED JURISDICTION (CrRLJ)

RULE 7.3 JUDGMENT



     A judgment of conviction shall set forth whether the defendant was represented by a lawyer or waived representation by a lawyer, the plea, the verdict or findings, and the adjudication and sentence. The court may order that its sentence include special conditions or requirements, including a specified schedule for the payment of a fine, restitution, or other costs, or the performance of community service. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judge or clerk shall enter the judgment on the record. The judgment and record of the sentencing proceedings of the courts of limited jurisdiction shall be preserved in perpetuity, either in an electronic or hard copy format. "Hard copy format" may include microfilm, microfiche, or a paper copy. At a minimum, the judgment and record of the sentencing proceedings shall include:

     (a) Defendant's name;

     (b) Defendant's ID numbers;

     (c) The charge, as well as any amendments to the original charge, and citation Citation to the statute or ordinance, including subsections, for under which the defendant was sentenced;

     (d) Identification of any charge defined under law as a domestic violence offense Identification of any charge to which the defendant pled guilty or was found guilty that is a crime of domestic violence under state law;

     (d) (e) Arraignment date;

     (e) (f) The plea, and the date entered;

     (f) (g) Representation by or waiver of lawyer, as well as date of lawyer's appearance or waiver;

     (g) (h) The parties present, including but not limited to the judge, attorneys, prosecutor, defense counsel, witnesses;

     (h) (i) Verdict or findings, and the date entered;

     (i) (j) Adjudication and sentence, and the date entered;

     (j) (k) Conditions or requirements of the sentence, including but not limited to a specified schedule for the payment of a fine, restitution, or other costs, performance of community service, counseling or treatment;

     (k) (l) The outcomes of any hearings held on the case, including but not limited to noncompliance hearings, reviews.

     The judgment and record of the sentencing proceedings shall be prima facie evidence of a valid conviction in subsequent proceedings in courts of limited jurisdiction and in superior 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.

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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