WSR 97-13-021

RULES OF COURT

STATE SUPREME COURT

[June 5, 1997]

IN THE MATTER OF THE ADOPTION ) ORDER

OF PROPOSED NEW GR 19 AND NEW ) NO. 25700-A-605

GR 20 )

The Administrator for the Court's Ad Hoc Committee recommended the adoption of proposed New GR 19 and the Records Management Advisory Committee recommended proposed New GR 20. The Court having considered the proposed new rules and comments submitted thereto, and having determined that the proposed new rules will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED;

(a) That the proposed new rules as attached hereto are adopted.

(b) That the proposed new rule will be published in the Washington Reports and will become effective September 1, 1997.

DATED at Olympia, Washington this 5th day of June, 1997.

Durham, C.J.

_______________________

Dolliver, J. Madsen, J.

________________________ ________________________

Smith, J. Talmadge, J.

________________________ ________________________

Guy, J. Alexander, J.

________________________ ________________________

Johnson, J. Sanders, J.

________________________ ________________________

(a) Criminal. Preliminary appearances as defined by CrR 3.2(B) and CrRLJ 3.2.1(d), arraignments as defined by CrR 3.4 and 4.1 and CrRLJ 3.4 and 4.1, bail hearings as defined by CrR 3.2 and CrRLJ 3.2, and trial settings as defined by CrR 3.3 and CrRLJ 3.3(f), conducted via video conference in which all participants can simultaneously see, hear, and speak with each other shall be deemed held in open court and in the defendant's presence for the purposes of any statute, court rule or policy. All video conference hearings conducted pursuant to this rule shall be public, and the public shall be able to simultaneously see and hear all participants and speak as permitted by the trial court judge. Any party may request an inperson hearing, which may in the trial court judge's discretion be granted.

(b) Agreement. Other trial court proceedings including the entry of a Statement of Defendant on Plea of Guilty as defined by CrR 4.2 and CrRLJ 4.2 may be conducted by video conference only by agreement of the parties, either in writing or on the record, and upon the approval of the trial court judge pursuant to local court rule.

(c) Standards for Video Conference Proceedings. The judge, counsel, all parties, and the public must be able to see and hear each other during proceedings, and speak as permitted by the judge. Video conference facilities must provide for confidential communications between attorney and client and security sufficient to protect the safety of all participants and observers. In interpreted proceedings, the interpreter must be located next to the defendant and the proceeding must be conducted to assure that the interpreter can hear all participants. The Office of the Administrator for the Courts (OAC) shall promulgate standards for facilities and equipment and provide technical assistance to courts as required.

(a) Hazardous Exhibits to be Packaged and Labeled. [Reserved.]

(b) Security for Exhibits of Intrinsic or Negotiable Value.

(1) Upon petition of the clerk or any party and order of the court, a weapon, money, an item of negotiable value, an item deemed to be excessively bulky, or a controlled substance may be admitted and then withdrawn upon the substitution of photograph(s), videotape(s), samples or other facsimile representations as provided by the order. The photograph(s), videotape(s), samples or other facsimile representations may be used to demonstrate the existence, quantity, and physical characteristic of the evidence. The order shall direct the disposition of the original evidence and shall state whether the evidence shall be further documented by a descriptive certificate issued by an authorized federal or state agency.

(2) When controlled substances or samples thereof are presented in court, such items shall be presented under sealed evidence tape in containers whose labels describe their contents. Sealed controlled substances presented as exhibits shall be unsealed in open court and, upon completion of the action for which unsealing was ordered, the item shall be sealed again.

(3) When a photograph, videotape, or other facsimile representation is substituted, the original exhibit must be retained by the presenting party or agency until at least sixty (60) days following case completion and must produce the original exhibit upon the court's direction. Case completion is defined as the date of filing of the judgment of acquittal, final judgment, or dismissal, or the date the judgment becomes final after appeal.

(4) Exhibits handled under these rules shall have the same standing for purposes of appeal as would the original exhibits.