RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO JuCR 7.8(d)(2) | ) ) ) |
ORDER NO. 25700-A-703 |
Now, therefore, it is hereby
ORDERED:
(a) That the amendment as attached hereto is adopted.
(b) That pursuant to the emergency provisions of GR 9(i), the amendment will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 9th day of May 2001.
| Alexander, C.J. |
|
| Smith, J. |
Sanders, J. |
| Johnson, J. |
Bridge, J. |
| Madsen, J. |
Chambers, J. |
| Ireland, J. |
Owens, J. |
RULE 7.8
TIME FOR ADJUDICATORY HEARING
(b) Time Limits. The adjudicatory hearing on a juvenile offense shall begin within 60 days following the juvenile's arraignment in juvenile court on the charges contained in the information. If the alleged juvenile offender is held in detention pending the adjudicatory hearing and would be at liberty but for the current charges, the hearing shall begin within 30 days following the juvenile's arraignment in juvenile court on the charges contained in the information.
(c) Setting of Hearing Date--Notice to Parties--Objection to Hearing Date--Waiver. CrR 3.3(f) applies in juvenile court. The court shall notify the juvenile of the hearing date in accordance with CrR 3.3(f), and any party who objects to the hearing date must do so by motion within 10 days after the notice is mailed or otherwise given. The failure of a party to make a timely objection shall be a waiver of the objection to the hearing date.
(d) Excluded Periods. The following periods shall be excluded in computing the time for the adjudicatory hearing:
(1) All proceedings related to the competency of the alleged juvenile offender to participate in the hearing.
(2) Preliminary proceedings and an adjudicatory hearing on another charge.
(3) Delay granted by the court pursuant to section (d e).
(4) The time between the dismissal and the refiling of the same charge.
(5) The time between a motion for revision of a court commissioners ruling and the entry of a decision by a judge.
(6) The time required for determining the capacity of the juvenile offender.
(e) Continuances. Continuances or other delays may be granted as follows:
(1) On motion of the alleged juvenile offender on a showing of good cause.
(2) On motion of the prosecuting attorney if:
(i) the alleged juvenile offender consents to a continuance or delay and good cause is shown; or
(ii) the States evidence is presently unavailable, the prosecution has exercised due diligence, and there are reasonable grounds to believe that it will be available within a reasonable time; or
(iii) required in the due administration of justice and the alleged juvenile offender will not be substantially prejudiced in the presentation of his or her defense.
(3) The court on its own motion may continue the case when required in the due administration of justice and the alleged juvenile offender will not be substantially prejudiced in the presentation of his or her defense.
(f) Absence of Alleged Juvenile Offender. In the event the alleged juvenile offender is absent from the court and thereby unavailable for the adjudicatory hearing or for any preliminary proceeding at which his or her presence is required, the time period specified in section (b) shall start to accrue anew when the alleged juvenile offender is actually present in the county where the charge is pending, and his presence appears upon the record of the court.
(g) Dismissal With Prejudice. If the adjudicatory hearing on a juvenile offense is not held within the time limits in this rule, the information shall be dismissed with prejudice.
Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.