WSR 13-23-022
RULES OF COURT
STATE SUPREME COURT
[November 6, 2013]
IN THE MATTER OF THE REPEAL OF THE ARLJ 9—DISCLOSURE OF RECORDS, CrRLJ 8.10—CLOSURE OF PROCEEDINGS AND SEALING OF RECORDS AND CrRLJ 8.11—DISCLOSURE OF RECORDS
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ORDER
NO. 25700-A-1039
The District Municipal Court Judges' Association having recommended the repeal of the proposed amendment to ARLJ 9—Disclosure of Records, CrRLJ 8.10—Closure of Proceedings and Sealing of Records and CrRLJ 8.11—Disclosure of Records, and the Court having determined that the proposed repeal will aid in the prompt and orderly administration of justice and further determined the need for expedited repeal;
Now, therefore, it is hereby
ORDERED:
(a) That the amendment as shown below is repealed.
(b) That the amendment will be expeditiously repealed.
DATED at Olympia, Washington this 6th day of November, 2013.
 
 
Madsen, C.J.
C. Johnson, J.
 
Stephens, J.
Owens, J.
 
Wiggins, J.
Fairhurst, J.
 
Gonzalez, J.
J. M. Johnson, J.
 
Gordon McCloud, J.
RULE ARLJ 9
DISCLOSURE OF RECORDS
a) Public Records. Unless the trial judge rules otherwise in a particular case, the following are considered public records and may be viewed and copied by the public:
(1) Court pleadings;
(2) Dockets, both civil and criminal, regardless of the current status of the proceeding;
(3) Indexes to civil and criminal cases;
(4) Tape recordings of court proceedings;
(5) Search warrants, affidavits, and inventories, after execution and return of the warrant.
b) Private Records. The following are considered exempt from disclosure unless they have been admitted into evidence, incorporated into a court pleading, or are the subject of a stipulation on the record which places them into public record:
(1) Witness statements and police reports;
(2) Presentence reports and reports related to compliance with conditions of sentence;
(3) Copies of driving records or criminal history records subject to RCW 10.97;
(4) Correspondence received by the court regarding sentencing and compliance with the terms of probation.
c) Quasi-Public Documents. The following are not subject to public review, but are subject to review by the defendant and the defendants lawyer:
(1) Witness statements;
(2) Presentence reports and reports related to compliance with conditions of sentence;
(3) Copies of driving records or criminal history records subject to RCW 10.97;
(4) Correspondence received by the court regarding sentencing and compliance with the terms of probation, except when the information is provided on the condition it remain confidential or when a finding of good cause is made for its confidentiality.
d) Court Assistance.
(1) Court facilities are available to the public to assist in disclosure, subject to local court rule.
(2) For security purposes, the court may require identification from the reviewing party.
e) Judicial Review. To assure that only public records are reviewed by the public, judicial review of disclosure may be requested by the prosecuting authority, defendant, court clerks, or other interested parties. The court may withhold dissemination until a hearing may reasonably be held. Following the hearing, the court may make such restrictive orders as are necessary.
f) Statutes Not Superseded. Nothing in this rule shall be construed to supersede existing statutes or subsequent amendments thereto.
[Reserved.]
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.
RULE 8.10
CLOSURE OF PROCEEDINGS AND SEALING OF RECORDS
(a) Proceedings and Records To Be Open. Court proceedings shall be open to the public, and court records denominated public records under ARLJ 9 shall be available for public inspection, unless the court orders closure or sealing, or other restrictions, pursuant to this rule.
(b) Grounds for Closure or Sealing Before Charges Filed. Before charges are filed, the court may order proceedings closed or records sealed only upon a showing that
(1) There is a likelihood of jeopardy to an accused's right to a fair trial; or
(2) There exists a substantial threat to effective law enforcement; or
(3) There exists a substantial threat to the privacy or safety of an individual; or
(4) For other good cause shown; and that there are no less restrictive means available to protect the interest threatened.
(c) Grounds for Closure or Sealing After Charges Filed. After charges are filed, the court may order proceedings closed or records sealed only upon a showing that
(1) There is a substantial probability of jeopardy to an accused's right to a fair trial; or
(2) There exists a serious and imminent threat to effective law enforcement; or
(3) There exists a serious and imminent threat to the privacy or safety of an individual; or
(4) For other good cause shown; and that there are no less restrictive means available to protect the interest threatened.
(d) Determination. Upon motion and supporting affidavit, the court shall determine whether a proceeding should be closed or records sealed.
(1) The proponent shall state the grounds for the motion with reasonable specificity, consistent with the protection of the interest threatened. Any person present when the motion is made shall be given an opportunity to object to the proposed restriction.
(2) If the motion is made upon grounds set forth in (b)(1) or (c)(1), any person objecting to closure or sealing shall have the burden of suggesting effective alternatives. Otherwise, the proponent shall have the burden of showing that restrictions are necessary.
(e) Order of Closure or Sealing. Upon determining that a proceeding should be closed or records sealed, the court shall promptly thereafter prepare
(1) A transcript of any in camera proceedings; and
(2) An order of closure or sealing; and
(3) Written findings of fact and conclusions of law setting forth with specificity the courts consideration of the issues, including alternative methods suggested. If the order involves the sealing of records, it shall apply for a specific time period and require the proponent to come before the court at a time specified in the order to justify continued sealing.
(f) Other Order. If the court determines that there exists an alternative less restrictive than closure or sealing which will protect the threatened interest, it may issue an appropriate order and shall thereafter prepare the documents specified in section (e).
(g) Exclusion of Witness. This rule shall not apply to circumstances governed by ER 615.
(h) Discovery. This rule shall not apply to discovery procedures governed by rule 4.7.
(i) Disclosure Procedure. Reserved. See ARLJ 9.
[Reserved.]
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.
RULE 8.11
DISCLOSURE OF RECORDS
Disclosure of records of courts of limited jurisdiction shall be governed by ARLJ 9 and by RCW 10.97.
[Reserved.]
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.