RULES OF COURT
IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 8 (f) AND CrR 4.2 | ) ) ) | ORDER NO. 25700-A-646 |
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(i), the amendments will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 4th day of February, 1999.
Richard P. Guy | |
B. Durham, J. | Alexander, J. |
Smith, J. | Madsen, J. |
Johnson, J. | Sanders, J. |
Talmadge, J. | Ireland, J. |
Proposed Amendment
ADMISSION TO PRACTICE RULES (APR)
Rule 8(f) House Counsel
Submitted by the Board of Governors
of the Washington State Bar Association
(Emergency action requested)
(2) Purpose: The purpose of this rule amendment is to provide for a House Counsel license fee
consistent with the other license fees of the Washington State Bar Association. The proposal
from the Board of Governors to approve APR (8)(f) to establish the limited license to practice
for House Counsel was first submitted to the Supreme Court in 1995. At that time the WSBA
had a two-step active license fee. There was one fee for members admitted for less than three
years, and a greater fee for those admitted three or more years. In 1996 the bylaws were
amended to provide for a three-step dues structure: one fee for those admitted up to three years;
a greater fee for those admitted four and five years; and a maximum amount for those admitted
six or more years.
Because this fee structure varied from that established by the State Bar Act (RCW 2.48.130), the Board of Governors asked the Supreme Court to approve this revised fee structure, which was done by court order. The intent of the Board of Governors to require House Counsel to pay a fee equal to the maximum fee charged active members of the Bar is not reflected in the House Counsel rule as adopted.
Therefore, the Board of Governors requests that the Supreme Court approve this housekeeping amendment to APR 8 (f)(4) on an emergency basis without publication for comment.
(3) Washington State Bar Association Action: This proposed amendment was unanimously
approved by the Board of Governors at their September 1998 meeting.
(4) Supporting Material: Attached is a copy of the proposed rule amendment.
(5) Spokesperson: Robert D. Welden, General Counsel, Washington State Bar Association,
2101 Fourth Avenue, Fourth Floor, Seattle, WA 98121-2330 (telephone 206-727-8232).
(6) Hearing: A hearing is not recommended. The Supreme Court is requested to adopt this
amendment on an emergency basis pursuant to GR 9(i).
ADMISSION TO PRACTICE RULES (APR)
RULE 8 Special Admissions
(b) [No change].
(c) [No change].
(d) [No change].
(e) [No change].
(f) Exception for House Counsel
(Introductory paragraph) [No change].
(1) [No change].
(2) [No change].
(3) [No change].
(4) A lawyer admitted under this section shall pay to the Washington State Bar
Association an annual license fee in the maximum amount required of active members admitted
to practice for 3 or more years.
(5) [No change].
(6) [No change].
(7) [No change].
(g) [No change].
PLEAS
(b) Multiple Offenses. Where the indictment or information charges two or more offenses in separate counts the defendant shall plead separately to each.
(c) Pleading Insanity. Written notice of an intent to rely on the insanity defense, and/or a claim of present incompetency to stand trial, must be filed at the time of arraignment or within 10 days thereafter, or at such later time as the court may for good cause permit. All procedures concerning the defense of insanity or the competence of the defendant to stand trial are governed by RCW 10.77.
(d) Voluntariness. The court shall not accept a plea of guilty, without first determining that it is made voluntarily, competently and with an understanding of the nature of the charge and the consequences of the plea. The court shall not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea.
(e) Agreements. If the defendant intends to plead guilty pursuant to an agreement with the prosecuting attorney, both the defendant and the prosecuting attorney shall, before the plea is entered, file with the court their understanding of the defendants criminal history, as defined in RCW 9.94A.030. The nature of the agreement and the reasons for the agreement shall be made a part of the record at the time the plea is entered. The validity of the agreement under RCW 9.94A.090 may be determined at the same hearing at which the plea is accepted.
(f) Withdrawal of Plea. The court shall allow a defendant to withdraw the defendants plea of guilty whenever it appears that the withdrawal is necessary to correct a manifest injustice. If the defendant pleads guilty pursuant to a plea agreement and the court determines under RCW 9.94A.090 that the agreement is not consistent with (1) the interests of justice or (2) the prosecuting standards set forth in RCW 9.94A.430-.460, the court shall inform the defendant that the guilty plea may be withdrawn and a plea of not guilty entered. If the motion for withdrawal is made after judgment, it shall be governed by CrR 7.8.
(g) Written Statement. A written statement of the defendant in substantially the form set forth below shall be filed on a plea of guilty:
FOR ( ) COUNTY
THE STATE OF WASHINGTON, | ) | No. |
Plaintiff, | ) | |
v. | ) | STATEMENT OF |
, | ) | DEFENDANT ON |
Defendant. | ) | PLEA OF GUILTY |
Defendant | ||||
I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement. | ||||
Prosecuting Attorney | Defendant's Lawyer |
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.