WSR 20-01-042

RULES OF COURT

STATE SUPREME COURT

[December 4, 2019]

The Washington Defender Association, having recommended the suggested amendments to CrRLJ 3.4—Presence of the Defendant and CrR 3.4—Presence of the Defendant, and the Court having approved the suggested amendments for publication;

Now, therefore, it is hereby

(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 4th day of December, 2019.

(A) Name of Proponent: Washington Defender Association

(B) Spokesperson: Magda Baker, Misdemeanor Resource Attorney, Washington Defender Association

(C) Purpose: The Washington Defender Association (WDA) suggests changes to CrR 3.4 and CrRLJ 3.4 that would allow criminal defendants to appear through their attorneys for some of the hearings they are currently required to attend in person. These changes would allow the court system to function more efficiently and minimize some of the disruptive impacts participating in the court process has on many defendants. Fewer required physical appearances for defendants would lead to fewer missed court dates that require costly bench warrants and delay resolution of cases. For many low and moderate income defendants, attending multiple court hearings may cause them to miss work or school or to struggle to provide care for children or elderly family members. Travel and transportation to some courts may also be difficult or impossible for defendants without drivers licenses, cars or financial resources. Individuals who miss court dates are at risk for new criminal charges arising from missed court appearances. These proposed changes will help prevent indigent defendants from being unnecessarily pulled deeper into the criminal justice system. The proposed changes will help make the court process more effective and efficient for the court and all parties involved.

(D) Hearing: None recommended.

(E) Expedited Consideration: Expedited consideration is not requested.

(a)(b) When Necessary.The defendant shall beThe court shall not proceed unless the defendant is physically present at the arraignment, at every stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by these rules, or as excused or excluded by the court for good cause shown.

(b)(c) Effect of Voluntary Absence. The defendant's voluntary absence after the trial has commenced in his or her presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by its lawyer for all purposes. In prosecutions for offenses punishable by fine only, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence.

(c)(d) Defendant Not Present.The court shall require the defendant's appearance at arraignment, at every stage of trial from the empaneling of the jury to the return of the verdict, and at the imposition of sentence. In order to require the defendant's physical presence at any other hearing, the court must find good cause as explained in a written order. If in any case the defendant is not present when his or her personal attendance is necessary, the court may order the clerk to issue a bench warrant for the defendant's arrest, which may be served as a warrant of arrest in other cases.

(d)(e) [unchanged]

(e)(f) [unchanged]

(a)(b) When Necessary. The defendant shall beThe court shall not proceed unless the defendant is physically present at the arraignment, at every stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by these rules, or as excused or excluded by the court for good cause shown.

(b)(c) Effect of Voluntary Absence. The defendant's voluntary absence after the trial has commenced in his or her presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by its lawyer for all purposes. In prosecutions for offenses punishable by fine only, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence.

(c)(d) Defendant Not Present.The court shall require the defendant's appearance at arraignment, at every stage of trial from the empaneling of the jury to the return of the verdict, and at the imposition of sentence. In order to require the defendant's physical presence at any other hearing, the court must find good cause as explained in a written order. If in any case the defendant is not present when his or her personal attendance is necessary, the court may order the clerk to issue a bench warrant for the defendant's arrest, which may be served as a warrant of arrest in other cases.

(d)(e) [unchanged]

(e)(f) [unchanged]