WSR 14-13-026

RULES OF COURT

STATE SUPREME COURT

[June 6, 2014]


IN THE MATTER OF THE ADOPTION OF AMENDMENTS TO RAP 16.5	) ) )	ORDER NO. 25700-A-1059

The Personal Restraint Petition Work Group having recommended the adoption of the proposed amendments to RAP 16.5, and the Court having considered the amendments and comments submitted thereto, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as shown below are adopted.

(b) That the amendments will be published in the Washington Reports and will become effective September 1, 2014.

DATED at Olympia, Washington this 6th day of June, 2014.


		Madsen, C.J.
C. Johnson, J.		Wiggins, J.
Owens, J.		Gordon McCloud, J.
Fairhurst, J.		Gonzalez, J.
Stephens, J.		Yu, J.

RAP 16.5 PERSONAL RESTRAINT PETITION - WHERE TO SEEK RELIEF

(a) Court of Appeals. A personal restraint petition should be filed with in the Court of Appeals, unless the petition is subject to subsection (b).

(b) Supreme Court. (1) If a personal restraint petition is filed in the Supreme Court, the Supreme Court will ordinarily transfer the petition to the Court of Appeals. (2) If a petition is not transferred to the Court of Appeals, or has been transferred from the Court of Appeals to the Supreme Court, the determinations ordinarily made by the "Chief Judge" under rules 16.11 and 16.13 may be made by a commissioner. A personal restraint petition filed by a person under sentence of death shall be filed in the Supreme Court. See RAP 16.3(c).

(c) A personal restraint petition may be transferred by the court in which it is filed. The transfer of a personal restraint petition between the Supreme Court and the Court of Appeals shall not be subject to a motion to reconsider or, if the transfer is ordered by the clerk of the court, a motion to modify.

(d) If a petition filed in the Supreme Court is not transferred to the Court of Appeals, or has been transferred from the Court of Appeals to the Supreme Court, the determinations ordinarily made by the "Chief Judge" under rules 16.11 and 16.13 may be made by a commissioner.