H-1042              _______________________________________________

                                           HOUSE JOINT MEMORIAL NO. 4010

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Heavey, P. King, Leonard, Crane, Nutley, Hargrove, Wineberry, Locke, Scott and Padden

Read first time 2/8/89 and referred to Committee on Judiciary.

TO THE HONORABLE CHIEF JUSTICE OF THE STATE OF WASHINGTON AND TO EACH ASSOCIATE JUSTICE OF THE SUPREME COURT OF WASHINGTON:

          We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

          WHEREAS, For the average, law abiding citizen, the only contact such person will have with the judicial system is in response to minor violations of traffic laws; and

          WHEREAS, The Supreme Court of the State of Washington has proposed a completely new and substantially different set of rules governing the procedures used in adjudicating traffic and other infractions; and

          WHEREAS, These proposed infraction rules for courts of limited jurisdiction were developed by a committee of the Washington State Bar Association which held closed meetings, conducted no public hearings, and gave no public notice of the proposed changes; and

          WHEREAS, Public confidence in our system of law and justice requires judicial procedures which both are fair and appear to be fair; and

          WHEREAS, The proposed infraction rules give the appearance of unfair procedural advantage to the prosecuting authority;

          NOW, THEREFORE, Your Memorialists respectfully pray that the Supreme Court of the State of Washington delay implementation of the proposed infraction rules for courts of limited jurisdiction for a period of one year beyond their scheduled effective date of September 1, 1989, and provide a mechanism for public notice and public hearings before implementing the infraction rules for courts of limited jurisdiction.

          BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Chief Justice of the State of Washington and to each Associate Justice of the Supreme Court of Washington.