WSR 19-23-025
RULES OF COURT
STATE SUPREME COURT
[November 6, 2019]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO DEATH PENALTY RELATED COURT RULES: CrR3.1 STDS—STANDARDS FOR INDIGENT DEFENSE, CrR3.2—RELEASE OF ACCUSED, CrR 3.4(b)—PRESENCE OF THE DEFENDANT, CrR 6.1(b)—TRIAL BY JURY OR BY THE COURT, CrR 6.4 (e)(1)—CHALLENGES, CrRLJ 2.2(c)—WARRANT OF ARREST OR SUMMONS UPON COMPLAINT, CrRLJ 3.1 STDS—STANDARDS FOR INDIGENT DEFENSE, JuCR 9.2 STDS—STANDARDS FOR INDIGENT DEFENSE, CR 80(b) COURT REPORTERS, RAP 4.2—DIRECT REVIEW OF SUPERIOR COURT DECISION BY SUPREME COURT, RAP 12.5(c)—MANDATE, RAP 16.1(h)—PROCEEDINGS TO WHICH TITLE APPLIES, RAP 16.3(c)—PERSONAL RESTRAINT PETITION—GENERALLY, RAP 16.5(b)—PERSONAL RESTRAINT PETITION—WHERE TO SEEK RELIEF, RAP 16.19—PREPARATION OF REPORT OF PROCEEDINGS IN CAPITAL CASES, RAP 16.20—TRANSMITTAL OF JURY QUESTIONNAIRES AND CLERK'S PAPERS IN CAPITAL CASES, RAP 16.21—CLERK'S CONFERENCE IN CAPITAL CASES, RAP 16.22—FILING OF BRIEFS IN CAPITAL CASES, RAP 16.23—ORAL ARGUMENT ON APPEAL IN CAPITAL CASES, RAP 16.24—STAY OF EXECUTION IN CAPITAL CASES, RAP 16.25—APPOINTMENT OF COUNSEL ON PERSONAL RESTRAINT PETITION IN CAPITAL CASES, RAP 16.26—PERSONAL RESTRAINT PETITIONS IN CAPITAL CASES—DISCOVERY, RAP 16.27—PERSONAL RESTRAINT PETITION IN CAPITAL CASES—INVESTIGATIVE, EXPERT, AND OTHER SERVICES, SPRC 1—SCOPE OF RULES, SPRC 2—APPOINTMENT OF COUNSEL, SPRC 3—COURT REPORTERS: FILING OF NOTES. SPRC4 - DISCOVERY—SPECIAL SENTENCING PROCEEDING, SPRC 5—MENTAL EXAMINATION OF DEFENDANT, SPRC 6—PROPORTIONALITY QUESTIONNAIRES, SPRC 7—DESTRUCTION OF RECORDS, EXHIBITS, AND STENOGRAPHIC NOTES
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ORDER
NO. 25700-A-1265
The Washington State Supreme Court, having recommended the expeditious adoption of the proposed amendments to CrR 3.1 STDs—Standards for Indigent Defense, CrR 3.2—Release of Accused, CrR 3.4(b)—Presence of the Defendant, CrR 6.1(b)—Trial by Jury or by the Court, CrR 6.4(e)(1)—Challenges, CrRLJ 2.2(c)—Warrant of Arrest or Summons Upon Complaint, CrRLJ 3.1 STDs—Standards for Indigent Defense, JuCR 9.2 STDs—Standards for Indigent Defense, CR 80(b) Court Reporters, RAP 4.2—Direct Review of Superior Court Decision by Supreme Court, RAP 12.5(c)—Mandate, RAP 16.1(h)—Proceedings to Which Title Applies, RAP 16.3(c)—Personal restraint petition—Generally, RAP 16.5(b)—Personal Restraint Petition—Where to Seek Relief, RAP 16.19—Preparation of Report of Proceedings in Capital Cases, RAP 16.20—Transmittal of Jury Questionnaires and Clerk's Papers in Capital Cases, RAP 16.21—Clerk's Conference in Capital Cases, RAP 16.22—Filing of Briefs in Capital Cases, RAP 16.23—Oral Argument on Appeal in Capital Cases, RAP 16.24—Stay of Execution in Capital Cases, RAP 16.25—Appointment of Counsel on Personal Restraint Petition in Capital Cases, RAP 16.26—Personal Restraint Petitions in Capital Cases—Discovery, RAP 16.27—Personal Restraint Petition in Capital Cases—Investigative, Expert, and Other Services, SPRC 1—Scope of Rules, SPRC 2—Appointment of Counsel, SPRC 3—Court Reporters: Filing of Notes, SPRC 4 - Discovery—Special Sentencing Proceeding, SPRC 5—Mental Examination of Defendant, SPRC 6—Proportionality Questionnaires, SPRC 7—Destruction of Records, Exhibits, and Stenographic Notes, and the Court having approved the suggested amendments for publication;
Now, therefore, it is hereby
ordered:
(a) That pursuant to the provisions of GR 9(g), the suggested amendments as shown below are 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 2020.
(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, 2020. 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 6th day of November, 2019.
 
For the Court
 
 
 
Fairhurst, C.J.
 
CHIEF JUSTICE
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 20-01 issue of the Register.