WSR 18-15-042

RULES OF COURT

STATE SUPREME COURT

[July 11, 2018]

The Washington Association of Criminal Defense Lawyers, having recommended the expeditious adoption of the suggested amendments to CrR 3.4—Presence of the Defendant; CrRLJ 3.4—Presence of the Defendant, and the Court having considered the amendments and comments submitted thereto, and having determined that the suggested amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

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

(b) That pursuant to the emergency provisions of GR 9 (j)(l), the suggested amendments will be published expeditiously in the Washington Reports and will become effective upon publication.

dated at Olympia, Washington this 11th day of July, 2018.

(a) When Necessary. Unchanged.

(b) Effect of Voluntary Absence. Unchanged.

(c) Defendant Not Present. Unchanged.

(1) Authorization. Unchanged.

(2) Agreement. Unchanged.

(3) Standards for Video Conference Proceedings. The judge, counsel, all parties, and the public must be able to see and hear each other during proceedings, and speak as permitted by the judge. The video and audio should be of sufficient quality to ensure participants are easily seen and understood. Video conference facilities must provide for confidential communications between attorney and client, including a means during the hearing for the attorney and the client to read and review all documents executed therein, and security sufficient to protect the safety of all participants and observers. For purposes of video conference proceedings, the electronic or facsimile signatures of the defendant, counsel, interested parties, and the Court shall be treated as if they were an original signature. This includes all orders on Judgment and Sentence, No Contact Orders, Statements of Defendant on Pleas of Guilty, and other documents or pleadings as the Court shall determine are appropriate or necessary. In interpreted proceedings, the interpreter must be located next to the defendant and the proceeding must be conducted to assure that the interpreter can hear all participants.

(e) Video Conference Proceedings under Chapter 10.77 RCW. Unchanged.

(a) When Necessary. Unchanged.

(b) Effect of Voluntary Absence. Unchanged.

(c) Defendant Not Present. Unchanged.

(1) Authorization. Unchanged.

(2) Agreement. Unchanged.

(3) Standards for Video Conference Proceedings. The judge, counsel, all parties, and the public must be able to see and hear each other during proceedings, and speak as permitted by the judge. The video and audio should be of sufficient quality to ensure participants are easily seen and understood. Video conference facilities must provide for confidential communications between attorney and client including a means during the hearing, for the attorney and the client to read and review all documents executed therein, and security sufficient to protect the safety of all participants and observers. For purposes of video conference proceedings, the electronic or facsimile signatures of the defendant, counsel, interested parties and the Court shall be treated as if they were an original signature. This includes all orders on Judgment and Sentence, No Contact Orders, Statements of Defendant on Pleas of Guilty, and other documents or pleadings as the Court shall determine are appropriate or necessary. In interpreted proceedings, the interpreter must be located next to the defendant and the proceeding must be conducted to assure that the interpreter can hear all participants.

(e) Video Conference Proceedings under Chapter 10.77 RCW. Unchanged