WSR 02-01-028

RULES OF COURT

STATE SUPREME COURT


[ December 6, 2001 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrRLJ 6.13 AND IRLJ 6.6 )

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ORDER

NO. 25700-A-724

The Washington Association of Prosecuting Attorneys having recommended the adoption of the proposed amendments to CrRLJ 6.13 and IRLJ 6.6, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(f), the proposed amendments as attached hereto are to be published for comment in January 2002 in the Washington Reports, Washington Register, Washington State Bar Association and the Administrative Office of the Courts' websites.

(b) 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, 2002. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Lisa.Bausch@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 6th day of December 2001.
Gerry L. Alexander
CHIEF JUSTICE

GR 9 COVER SHEET


Suggested New Rule


ARLJ 12


REGISTRATION OF COURTS OF LIMITED JURISDICTION



Purpose: This new rule is suggested to ensure that the Administrative Office of the Courts (AOC) is advised when new courts of limited jurisdiction are established by a governmental entity and to keep the AOC advised regarding contact information for every court of limited jurisdiction in the state. The new rule is for administrative purposes only and is not intended to have any effect on the power and authority of a court.


Since the state does not pay any part of the salary or benefits for the judges of the courts of limited jurisdiction, cities and counties do not necessarily realize they should establish a relationship with the AOC when a new local court is established. The AOC may only learn of these new local courts and violation bureaus after they have been in operation for awhile, particularly with the smaller cities and towns.


It is preferable that the AOC know of the existence of all courts in the state of Washington. If new courts register with the AOC, the AOC may be in a position to provide services, information, training and establish a connection to the electronic Judicial Information System.


Suggested New Rule


ARLJ 12


REGISTRATION BY COURTS OF LIMITED JURISDICTION


(1) All courts of limited jurisdiction shall register with the Administrative Office of the Courts. The registration shall include the name of the court, address, telephone number and the names of judicial officers and the court clerk or administrator. The official registration must be updated annually by each court on or before July 1 and also within 30 days from the date of any changes in the information previously supplied to the Administrative Office of the Courts.

(2) The failure of a court to register as required by this rule shall not affect in any way the power or authority of a court.


GR 9 COVER SHEET


Suggested Rule Changes


CrRLJ 3.2 (m)


RELEASE OF ACCUSED


Purpose: The suggested rule changes reduce the bail amounts to $250 for two driving offenses: driving while license suspended or revoked (third degree) and no valid driver's license with no identification. At present, the bail for driving while license suspended in the third degree, a misdemeanor offense, is the same amount ($500) as for the first and second degrees of this offense, which are gross misdemeanors. The bail for the offense of no valid driver's license with no identification, which is also a misdemeanor, is $475.


A reduction in the bail amounts to $250 for these two misdemeanor offenses is recommended because of the less-serious nature of these driving offenses, as compared to offenses for which a bail amount of $500 would remain.



Suggested Changes


CrRLJ 3.2(m)


RELEASE OF ACCUSED


(a) - (l) [Unchanged.]


(m) Bail in Criminal 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. In an individual case and after hearing the 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 a mandatory offense or comparable ordinance 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 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) $475 250
5. Unlawful possession or use of a driver's license (RCW 46.20.336 .0921) $100
6. Driving while license suspended or revoked in the first, and second, and third degrees (RCW 46.20.342) $500
7. Driving while license suspended or revoked in the third degree (RCW 46.20.342) $250
78. Violating occupational license restrictions (RCW 46.20.410) $200
89. Financial responsibility suspension (RCW 46.29.610, .620) $100
910. Transporting dangerous articles (RCW 46.48.175) $500
1011. Unattended hit and run (RCW 46.52.010) $250
1112. Attended hit and run (RCW 46.52.020) $500
1213. Reports of repairs, concealing evidence (RCW 46.52.090) $500
1314. Confidentiality of driving records (RCW 46.52.130) $500
1415. Failure to obey police officer, flagger, or fire fighter (RCW 46.61.015) $250
1516. Failure to cooperate with or give information to police officer (RCW 46.61.020) $100
1617. Failure to stop and give information (RCW 46.61.022) $100
1718. Reckless driving (RCW 46.61.500) $500
1819. Racing (RCW 46.61.530) $500
1920. 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.]

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 State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office