RULES OF COURT
STATE SUPREME COURT
[October 31, 2018]
IN THE MATTER OF SUGGESTED AMENDMENT TO CrR 3.3—TIME FOR TRIAL
The Washington State Bar Association Counsel on Public Defense, in response to the Supreme Court Rules Committee referral of a request by Mr. Stephen Dowdney to eliminate a perceived delay that results from filing felony charges in district court that are subsequently refiled in superior court, having recommended the suggested amendment to CrR 3.3—Time for Trial, and the Court having approved the suggested amendment for publication;
Now, therefore, it is hereby
(a) That pursuant to the provisions of GR 9(g), the suggested amendment as shown below is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January 2019.
(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 April 30, 2019. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or firstname.lastname@example.org. Comments submitted by e-mail message must be limited to 1500 words.
dated at Olympia, Washington this 31st day of October, 2018.
For the Court
GR 9 COVER SHEET
Suggested Change to the
SUPERIOR COURT CRIMINAL RULES
CrR 3.3—Time for Trial
Submitted by Council on Public Defense at the request of the Supreme Court Rules Committee
The Supreme Court received a request from Mr. Stephen Dowdney to amend CrR 4.1 in order to eliminate a perceived delay that results from filing felony charges in district court and the subsequent refiling of the same charge in superior court. The Supreme Court Rules Committee referred the proposal to interested groups including the Washington State Bar Association Council on Public Defense (CPD) to review and provide feedback.
As a result of that review, the CPD suggested an amendment to CrR 3.3 as a simpler way to address the issue of delay when felony charges are filed in district court and reflied in superior court.
TIME FOR TRIAL
(a) - (b) [Unchanged]
(c) Commencement Date.
(1) Initial Commencement Date. The initial commencement date shall be the date of arraignment as determined under CrR 4.1.
(i) In the event the charge is initially filed into superior court the commencement date shall be the date of arraignment as determined under CrR 4.1.
(ii) In the event a felony complaint is initially filed under CrRLJ 3.2.1(g), the defendant is detained in jail, and a preliminary hearing is not held, the commencement date shall begin 14 days after the expiration of the time limits specified under CrR 3.2.1(f).
(d) – (h) [Unchanged]
Reviser's note: The spelling error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040
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