WSR 02-07-008

RULES OF COURT

STATE SUPREME COURT


[ March 6, 2002 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO NEW ARLJ 13 )

))

 ORDER

NO. 25700-A-729

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed New ARLJ 13 and the Court having approved the proposed new rule for publication;

     Now, therefore, it is hereby

     ORDERED:

     (a) That pursuant to the provisions of GR 9(f), the proposed new rule as attached hereto is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Office of the Administrator for the Court's websites expeditiously.

     (b) The purpose statement, as required by GR 9(d), is published solely for the information of the Bench, Bar and other interested parties.

     (c) 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 90 days from the date published in the Washington Reports. 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 March 2002.

Gerry L. Alexander

Chief Justice


GR 9 Cover Sheet

Proposed Amendment to Administrative Rules for Courts of Limited Jurisdiction


New ARLJ

Creating a New Rule Requiring that All Limited Jurisdiction Courts to Electronically Record All Proceedings


     Background -- This proposed new rule is the result of a recommendation contained in the Courts of Limited Jurisdiction Assessment Survey Report -- 1995-1997 (Commonly known as the Wilson Report) that all limited jurisdiction courts electronically record all proceedings.

     Purpose -- The proposed new rule recognizes that an accurate record of all proceedings is an important characteristic of a professional judiciary. Requiring that all proceedings be recorded is expected to contribute to the respect, dignity, and ultimate independence of courts.

     Washington Sate Bar Association Action -- The proposal has not been submitted the WSBA.

     Supporting Material -- Courts of Limited Jurisdiction Assessment Survey Report -- 1995-1997.

     Spokesperson -- Judge Christopher E. Culp

                    President, DMCJA

     Hearing -- A hearing is not requested.

     Reviser's note: The spelling 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.


NEW ARLJ 13

LIMITED JURISDICTION COURTS ARE REQUIRED TO RECORD ALL PROCEEDINGS ELECTRONICALLY


     a) Generally. All limited jurisdiction courts shall make an electronic record of all proceedings and retain the record for at least as long as the record retention schedule dictates.

     b) Nonelectronic Record in Emergency. In the event of an equipment failure or other situation making an electronic recording impossible, the court may order the proceeding to be recorded by nonelectronic means. The nonelectronic record must be made at the court's expense, and in the event of an appeal, any necessary transcription of the nonelectronic record must be made at the court's expense.

© Washington State Code Reviser's Office