WSR 00-21-058

RULES OF COURT

STATE SUPREME COURT


[ October 11, 2000 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RALJ 2.2 (a)(l), CrRLJ 3.2(m) AND IRLJ 6.6 (b) AND (d) )

)))

ORDER

NO. 25700-A-690


The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to RALJ 2.2 (a)(l), CrRLJ 3.2(m) and IRLJ 6.6 (b) and (d), and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 11th day of October 2000.
Guy, C. J.


Smith, J.


Ireland, J.


Johnson, J.


Bridge, J.


Madsen, J.


Sanders, J. (except 3.2(m))


Talmadge, J.


Alexander, J.



RALJ 2.2 (a)(l)

WHAT MAY BE APPEALED



(a) Final Decision

(1) A party may appeal from a final decision of a court of limited jurisdiction to which these rules apply under rule 1.1(a), except a decision in a mitigation hearing under RCW 46.63.100 and IRLJ 2.6(b), or a mitigation decision on written statement under IRLJ 2.6(c).

(2) Unchanged.


CrRLJ 3.2(m)

RELEASE OF ACCUSED



(a) - (l) Unchanged.

(m) Bail in Criminal Traffic Offense Cases -- Mandatory Appearance.

(1) When required to reasonably assure appearance in court, bail for a person arrested for the following criminal offenses listed in this rule or comparable ordinances shall be the amount listed in this rule., unless all courts of limited jurisdiction within a county have adopted a uniform local rule. In an individual case and after hearing tThe court for good cause recited in a written order may set a different bail amount.

(2) A court may adopt a local rule requiring that persons subjected to custodial arrest for a certain class of offenses be held until they have appeared before a judge.

(3) Forfeiture of bail shall not constitute a final disposition for the following a mandatory offenses or comparable ordinances without a written order of the court showing the reasons. The order may be a simple docket entry. If the court allows forfeiture of bail for a mandatory offense, it may accept the bail in an amount no less than that set forth in these rules as full payment including all statutory assessments.

Bail
1. Driving while under the influence; physical control (RCW 46.61.502; 46.52.100; 46.61.504) $500
2. Driving while under the influence--nonhighway vehicle or snowmobile (RCW 46.09.120(2)) $500
3. Operating nonhighway vehicle or snowmobile so as to endanger human life, etc. (RCW 46.09.130; 46.10.130) $500
4. No valid driver's license (without identification) (RCW 46.20.021) $475
5. Unlawful possession or use of a driver's license (RCW 46.20.336) $100
6. Driving while license suspended or revoked in the first, second and third degrees (RCW 46.20.342) $500
7. Violating occupational license restrictions (RCW 46.20.410) $200
8. Financial responsibility suspension (RCW 46.29.610, .620) $100
9. Transporting dangerous articles (RCW 46.48.175) $500
10. Unattended hit and run (RCW 46.52.010) $250
11. Attended hit and run (RCW 46.52.020) $500
12. Reports of repairs, concealing evidence (RCW 46.52.090) $500
13. Confidentiality of driving records (RCW 46.52.130) $500
14. Failure to obey police officer, flagger, or fire fighter (RCW 46.61.015) $250
15. Failure to cooperate with or give information to police officer (RCW 46.61.020) $100
16. Failure to stop and give information (RCW 46.61.022) $100
17. Reckless driving (RCW 46.61.500) $500
18. Racing (RCW 46.61.530) $500
19. Leaving children unattended (RCW 46.61.685) $250
20. Failure to respond or appear (RCW 46.64.020) $250
21. Unfair motor vehicle business practices (RCW 46.70.170) $250
22. Unlawful operation of for hire vehicles (RCW 46.72.100) $250
23. Motor vehicle wreckers (RCW 46.80.170) $500
24. Driving training schools (RCW 46.82.390) $250
25. First Degree Negligent Driving (RCW 46.61.525) $250

(n) - (s) [Unchanged.]


Purpose

Allows courts to adopt a local rule requiring that persons arrested for a certain class of offenses be taken into custody and held until they have appeared before a judge. This rule change would support public safety and local options.

The proposed rule changes also provide that for those non-mandatory criminal offenses for which a forfeitable bail amount is set forth in the bail schedule, the


IRLJ 6.6 (b) and (d)

SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION

CERTIFICATION

EVIDENCE



(a) [Unchanged.]

(b) Speed Measuring Device Certificate; Form. [Unchanged.]

(c) [Unchanged.]

(d) Maintaining Certificates as Public Records. Any certificate, affidavit or foundational evidentiary document allowed or required by this rule can be filed with the court and maintained by the court as a public record. The records will be available for inspection by the public. Copies will be provided on request.

The court may charge any allowable copying fees. The records are available without a formal request for discovery. The court is entitled to take judicial notice of the fact that the document has been filed with the court. Evidence will not be suppressed merely because there is not a representative of the prosecuting authority present who actually offers the document. Evidence shall be suppressed pursuant to subsection (c) of this rule if the evidence in the certificate, affidavit or document is insufficient, or if it has not been filed as required.


Purpose

To allow by local rule for a speed measuring device certificate, affidavit or foundational evidentiary document allowed or required by IRLJ 6.6 to be filed with the court and maintained as a public record, and to allow the court, on its own initiative, to take judicial notice of the certificate in appropriate cases.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear 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.

Washington State Code Reviser's Office