WSR 20-23-110
RULES OF COURT
STATE SUPREME COURT
[November 6, 2020]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO CrRLJ 3.4—PRESENCE OF THE DEFENDANT AND CrR 3 .4—PRESENCE OF THE DEFENDANT
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ORDER
NO. 25700-A-1319
The Washington Defender Association, having recommended the adoption of the proposed amendments to CrRLJ 3.4—Presence of the Defendant and CrR 3.4—Presence of the Defendant, and the Court having considered the proposed amendments, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the proposed amendments as shown below are adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the proposed amendments will be published in the Washington Reports and will become effective on February 1, 2021.
dated at Olympia, Washington this 6th day of November, 2020.
 
 
Stephens, C.J.
Johnson, J.
 
Gordon McCloud, J.
Madsen, J.
 
Yu, J.
Owens, J.
 
Montoya-Lewis, J.
Gonzalez, J.
 
Whitener, J.
CrRLJ 3.4
PRESENCE OF THE DEFENDANT
(a) Presence Defined. Unless a court order or this rule specifically requires the physical presence of the defendant, the defendant may appear remotely or through counsel. Appearance through counsel requires that counsel either (i) present a waiver the defendant has signed indicating the defendant wishes to appear through counsel, or (ii) affirm, in writing or in open court, that this is the defendant's preference.
(a)(b) When Necessary. The defendant shall be present physically or remotely (in the court's discretion) at the arraignment (if one is held), at every stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by these rules, or as excused or excluded by the court for good cause shown.
(b)(c) Effect of Voluntary Absence. The defendant's voluntary absence after the trial has commenced in his or her presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by its lawyer for all purposes. In prosecutions for offenses punishable by fine only, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence.
(c)(d) Defendant Not Present.In order to require the defendant's physical or remote presence at any hearing other than those listed in subpart (b), the court must find good cause. If in any case the defendant is not present when his or her personal attendance is necessary, the court may order the clerk to issue a bench warrant for the defendant's arrest, which may be served as a warrant of arrest in other cases.
(d)(e) [unchanged]
(e)(f) [unchanged]
CrR 3.4
PRESENCE OF THE DEFENDANT
(a) Presence Defined. Unless a court order or this rule specifically requires the physical presence of the defendant, the defendant may appear remotely or through counsel. Appearance through counsel requires that counsel either (i) present a waiver the defendant has signed indicating the defendant wishes to appear through counsel, or (ii) affirm, in writing or in open court, that this is the defendant's preference.
(a)(b) When Necessary. The defendant shall be present physically or remotely (in the court's discretion) at the arraignment (if one is held), at every stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by these rules, or as excused or excluded by the court for good cause shown.
(b)(c) Effect of Voluntary Absence. The defendant's voluntary absence after the trial has commenced in his or her presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by its lawyer for all purposes. In prosecutions for offenses punishable by fine only, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence.
(c)(d) Defendant Not Present. In order to require the defendant's physical or remote presence at any hearing other than those listed in subpart (b), the court must find good cause. If in any case the defendant is not present when his or her personal attendance is necessary, the court may order the clerk to issue a bench warrant for the defendant's arrest, which may be served as a warrant of arrest in other cases.
(d)(e) [unchanged]
(e)(f) [unchanged]