WSR 16-08-066

RULES OF COURT

[March 30, 2016]

The Trial Court Advisory Board, having recommended the Proposed New Rule GR 36—Trial Court Security, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be expeditiously published for comment in the Washington Reports, Washington Register, Washington State Bar Association, and Administrative Office of the Court's websites expeditiously.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than June 30, 2016. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 30th day of March, 2016.

Trial Court Security Committee, primary

Superior Court Judges' Association (SCJA); the District and Municipal Court Judges' Association (DMCJA); and Trial Court Advocacy Board, secondary

The Trial Court Security Committee was created by the Boards of the Superior Court Judges' Association and the District and Municipal Court Judges' Association. The proposed court rule was approved by both Boards as well as the Trial Court Advocacy Board representing leadership from trial court associations, judges and administrators.

The proposed rule will accomplish two goals:

(1) Require trial courts to submit online incident reports to a statewide repository, and

(2) Encourage trial courts to create local security committees and security plans, and coordinate a local court response to security concerns

Under this rule, the only requirement is that trial courts submit online security incident reports. The remaining sections of the rule are advisory and recommend implementation of security standards as defined by the Trial Court Security Committee and approved by the Trial Court Advocacy Board. If a court cannot meet the security standards as outlined, then the security plan will indicate why the court is unable to meet these standards.

The purpose of the proposed rule, which is equal parts directive and discretionary, is to demonstrate that trial courts have organized themselves within resources that are available. This process will also provide minimum security standards as a baseline which courts can use to gauge their level of preparedness to the standards. Only then will the trial courts, through ongoing organizational development and gathering of data (incident reports), have the foundation to develop a state budget request that responds to the direct needs of trial courts.

Until the committee was formed in 2014, the trial courts had no reliable or organized statewide response to security incidents, current standards, or recommendations. This committee relied on the BJA security standards (2009) and feedback from trial court judge and administrator associations and national standards in creating the proposed rule. The proposed rule falls within the authority of the trial courts, is manageable, requires no costs incurred to the courts, and contributes to a better understanding of court security needs.

D. Hearing A hearing is not requested.

Expedited consideration is not requested.

Attached is the directive and purpose of the Trial Court Security Committee as drafted by the SCJA and DMCJA Boards.

(a) Purpose. A safe courthouse environment is fundamental to the administration of justice. Employees, case participants, and members of the public should expect safe and secure courthouses. This rule is intended to encourage incident reporting and well-coordinated efforts to provide basic security and safety measures in Washington courts.

(b) Definition. "Incident" is defined as a threat to or assault against the court community, including court personnel, litigants, attorneys, witnesses, jurors or others using the courthouse. It also includes any event or threatening situation that disrupts the court or compromises the safety of the court community.

(c) Incident Reports.

(1) Reporting Method.

(i) The court should make a record of each incident as soon as practicable, but no later than two days after the incident. The report shall be kept on file by the local court administrator.

(ii) The court shall report all incidents electronically to the Administrative Office of the Courts on the AOC Threat/Incident Report Form within one week of the incident.

(d) Court Security Committee.