IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrRLJ 2.1, CrRLJ 2.5, IRLJ 2.1, CrRLJ 8.12 AND IRLJ 4.1

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ORDER NO. 25700-A-860

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to CrRLJ 2.1, CrRLJ 2.5, IRLJ 2.1, CrRLJ 8.12 and IRLJ 4.1, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as attached hereto are adopted.

     (b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendments will be published expeditiously and become effective upon publication.

     DATED at Olympia, Washington this 2nd day of November, 2006.

	Alexander, C.J.
C. Johnson, J.	Chambers, J.
Madsen, J.	Owens, J.
Sanders, J.	Fairhurst, J.
Bridge, J.	J. M. Johnson, J.

     (b) Citation and Notice to Appear.

     (1) Issuance. Whenever a person is arrested or could have been arrested pursuant to statute for a violation of law which is punishable as a misdemeanor or gross misdemeanor the arresting officer, or any other authorized peace officer, may serve upon the person a citation and notice to appear in court.

     (2) Release Factors. In determining whether to release the person or to hold him or her in custody, the peace officer shall consider the following factors:

     (i) whether the person has identified himself or herself satisfactorily;

     (ii) whether detention appears reasonably necessary to prevent imminent bodily harm to himself, herself, or another, or injury to property, or breach of the peace;

     (iii) whether the person has ties to the community reasonably sufficient to assure his or her appearance or whether there is substantial likelihood that he or she will refuse to respond to the citation and notice; and

     (iv) whether the person previously has failed to appear in response to a citation and notice issued pursuant to this rule or to other lawful process.

     (3) Contents. The citation and notice to appear shall include or have attached to it:

     (i) the name of the court and a space for the court's docket, case or file number;

     (ii) the name, address, date of birth, and sex of the defendant; and all known personal identification numbers for the defendant, including the Washington driver's operating license (DOL) number, the state criminal identification (SID) number, the state criminal process control number (PCN), the JUVIS control number, and the Washington Department of Corrections (DOC) number;

     (iii) the date, time, place, numerical code section, description of the offense charged, the date on which the citation was issued, and the name of the citing officer;

     (iv) the time and place the person is to appear in court, which may not exceed 20 days after the date of the citation and notice, but which need not be a time certain;.

     (v) a space for the person to sign a promise to appear.

     (4) Release. To secure his or her release, the person must give his or her written promise to appear in court as required by the citation and notice served.

     (54) Certificate. The citation and notice shall contain a form of certificate by the citing official that he or she certifies, under penalties of perjury, as provided by RCW 9A.72.085, and any law amendatory thereto, that he or she has probable cause to believe the person committed the offense charged contrary to law. The certificate need not be made before a magistrate or any other person.

     (65) Initiation. When signed by the citing officer and filed with a court of competent jurisdiction, the citation and notice shall be deemed a lawful complaint for the purpose of initiating prosecution of the offense charged therein.

     (c) [No changes.]

     (d) [No changes.]

     (b) Contents. The notice of infraction shall contain the following information on the copy given to the defendant, except the information required by subsections (2) and (6) is not required on a notice of infraction alleging the commission of a parking, standing, or stopping infraction:

     (1) The name, address, and phone number of the court where the notice of infraction is to be filed;

     (2) The name, address, date of birth, sex, physical characteristics, and, for a notice of traffic infraction, the operator's license number of the defendant;

     (3) For a notice of traffic infraction, the vehicle make, year, model, style, license number, and state in which licensed;

     (4) The infraction which the defendant is alleged to have committed and the accompanying statutory citation or ordinance number, the date, time, and place the infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the citing officer;

     (5) A statement that the defendant must respond to the notice of infraction within 15 days of issuance;

     (6) A space for the defendant to sign a promise to respond to the notice of infraction within the time required;

     (76) A space for entry of the monetary penalty which respondent may pay in lieu of appearing in court;

     (87) A statement that a mailed response must be mailed not later than midnight on the day the response is due;

     (98) The statements required by RCW 46.63.060 or other applicable statute; and

     (109) Any additional information determined necessary by the Administrator for the Courts.

     (b) Parking, Standing, Stopping, or Pedestrian Infractions. The court shall not notify the Department of a parking, standing, stopping, or pedestrian infraction, except as allowed by RCW 46.20.270(3).

     (c) Notice to Department When Failure To Appear Set Aside. If a judgment for a failure to appear in a traffic infraction case has been set aside, the Department shall be notified that it has been set aside and of the final disposition of the infraction within 30 days after upon entry of judgment has been rendered.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     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.

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