WSR 20-23-107
RULES OF COURT
STATE SUPREME COURT
[November 6, 2020]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO CrR 3.1—RIGHT TO AND ASSIGNMENT OF LAWYER, CrRLJ 3.1—RIGHT TO AND ASSIGNMENT OF LAWYER, AND JuCR 9.3—RIGHT TO APPOINTMENT OF EXPERTS IN JUVENILE OFFENSE PROCEEDINGS AND ASSIGNMENT OF LAWYER
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ORDER
NO. 25700-A-1316
The Washington Defender Association, having recommended the adoption of the proposed amendments to CrR 3.1—Right to and Assignment of Lawyer, CrRLJ 3.1—Right to and Assignment of Lawyer, and JuCR 9.3—Right to Appointment of Experts in Juvenile Offense Proceedings and Assignment of Lawyer, and the Court having considered the proposed amendments, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the proposed amendments as shown below are adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the proposed amendments will be published in the Washington Reports and will become effective on February 1, 2021.
dated at Olympia, Washington this 6th day of November, 2020.
 
 
Stephens, C.J.
 
 
 
Madsen, J.
 
Yu, J.
Owens, J.
 
Montoya-Lewis, J.
Gonzalez, J.
 
Whitener, J.
CrR 3.1 RIGHT TO AND ASSIGNMENT OF LAWYER
(a) – (e) [Unchanged.]
(f) Services Other Than a Lawyer.
(1) [Unchanged.]
(2) Upon finding that the services are necessary and that the defendant is financially unable to obtain them, the court, or a person or agency to whom the administration of the program may have been delegated by local court rule, shall authorize the services. The motion mayshall be made ex parte, and, upon a showing of good cause, the moving papers may be ordered sealed by the court, and shall remain sealed until further order of the court. The court, in the interest of justice and on a finding that timely procurement of necessary services could not await prior authorization, shall ratify such services after they have been obtained.
(3) [Unchanged.]
Comment
[Unchanged.]
CrRLJ 3.1 RIGHT TO AND ASSIGNMENT OF LAWYER
(a) – (e) [Unchanged.]
(f) Services Other Than a Lawyer.
(1) [Unchanged.]
(2) Upon finding that the services are necessary and that the defendant is financially unable to obtain them, the court, or a person or agency to whom the administration of the program may have been delegated by local court rule, shall authorize the services. The motion mayshall be made ex parte, and, upon a showing of good cause, the moving papers may be ordered sealed by the court, and shall remain sealed until further order of the court. The court, in the interest of justice and on a finding that timely procurement of necessary services could not await prior authorization, shall ratify such services after they have been obtained.
(3) [Unchanged.]
JuCR 9.3 RIGHT TO APPOINTMENT OF EXPERTS IN JUVENILE OFFENSE PROCEEDINGS AND ASSIGNMENT OF LAWYER
(a) Appointment. A juvenile who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense may request that these services be provided at public expense by a motion. The motion shall be made ex parte and, upon a showing of good cause, the moving papers may be ordered sealed by the court and shall remain sealed until further order of the court. Upon finding that the services are necessary and that the juvenile is financially unable to obtain them without substantial hardship to himself or herself or the juvenile's family, the court shall authorize counsel to obtain the services on the behalf of the juvenile. The ability to pay part of the cost of the services shall not preclude the provision of those services by the court. A juvenile shall not be deprived of necessary services because a parent, guardian, or custodian refuses to pay for those services. The court, in the interest of justice and on a finding that timely procurement of necessary services could not await prior authorization, may ratify services after they have been obtained.
(b) [Unchanged.]