IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP 15.3, 15.4 AND 15.5

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ORDER NO. 25700-A-702

     The Court having recommended the adoption of the proposed amendments to RAP 15.3, 15.4 and 15.5, and 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(i), the amendments will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 9th day of May 2001.

	Alexander, C.J.
Smith, J.	Sanders, J.
Johnson, J.	Bridge, J.
Madsen, J.	Chambers, J.
Ireland, J.	Owens, J.

     (1) An order of indigency is included in the record on review; and

     (2) An order properly authorizes the expense claimed; and

     (3) The claim is made by filing four copies of an invoice in the form and manner and within the time provided by this rule and procedures established by the Office of Public Defense.

     (b) Invoice Generally. Each invoice must include the appellate court caption and docket number and the name of the claimant. The claimant's social security number or the Internal Revenue service employer identification number of the claimant's firm must be included on each invoice, except one submitted by the superior court clerk. The invoice of a court reporter or a superior court clerk may be submitted as soon as the services have been performed or the expense incurred report of proceedings has been filed by the court reporter. The invoice of a superior court clerk may be submitted as soon as the expense has been incurred. but the i Invoices of counsel, court reporters, and superior court clerks must be filed within 20 days after the filing of the decision terminating review or 30 days after the denial of reconsideration, whichever is later.

     (c) Invoice of Counsel. An invoice submitted by counsel representing an indigent party should be titled "Invoice of Counsel for Indigent Party." All invoices shall be submitted and certified in a form and manner consistent with policies adopted and published by the Office of Public Defense. An invoice may be submitted in the same review proceedings:

     (1) Upon filing of the appellant's brief for the services performed to that time not to exceed 50 percent of the established fee, and after oral argument and not later than 10 days after the issuance of the mandate, or

     (2) Counsel may submit one invoice after oral argument and not later than 10 days after the issuance of the mandate for all the services performed.

     (3) (1) The invoice must include a copy of the brief, a statement of the number of hours spent by counsel preparing the review, the amount of compensation claimed, and the reasonable expenses excluding normal overhead incurred by counsel for the review including travel expenses of counsel incurred for argument in the appellate court. Travel expenses may not exceed the amount allowable to state employees for travel by private vehicle. The invoice must include an affidavit of counsel stating that the items listed are correct charges for necessary services rendered and expenses incurred for proper consideration of the review. and that counsel has not received and has not been promised compensation for the review from the indigent party or from any other source except as may have been approved by the court.

     (4) (2) Providers who are under contract in Division I Court of Appeals shall submit invoices in accordance with the terms of their contract.

     (d) Invoice of Court Reporter or Typist.

     (1) An invoice submitted by the court reporter should be titled "Invoice of Court Reporter or Typist--Indigent Case." The invoice must state the number of pages transcribed and the billing rate per page. The billing rate must be at the rate per page or line page equivalent set by the Supreme Court for the original and one copy of that portion of the report of proceedings ordered by the superior court. Additional copies which have been authorized and ordered from the reporter must be charged for as though reproduced by the most economical method available to the reporter. The superior court clerk shall certify the reporter's invoice as follows:

     I hereby certify that the amount claimed in this invoice is for that portion of the verbatim report of proceedings ordered by the trial court; that the typing of the report is in accordance with appellate rule 9.2(e) and (g); and that the bill is computed at the current rate per page set by the Supreme Court for the original and one copy, namely $ ____ per page.

     (2) If the record at the trial level was made by use of electronic or mechanical recording devices, so that a verbatim transcript has been prepared by a typist, the typist shall submit an invoice titled "Invoice of Typist--Indigent Case." The invoice must state the number of pages transcribed. The invoice shall state whether the typist was hired at an hourly or per page rate, and it shall state the rate. In no event may the amount claimed on the invoice exceed the number of pages typed times the rate per page or line page equivalent set by the Supreme Court for court reporters. The superior court clerk shall certify the typist's invoice. If the typist was hired at a per page rate, the certificate shall be as set forth above for court reporters. If the typist was hired at an hourly rate, the certificate shall state that the amount claimed by the typist does not exceed the maximum which could have been claimed by a court reporter at the rate per page or line page equivalent set by the Supreme Court, and it shall further state what such maximum amount would have been.

     (e) Invoice of Superior Court Clerk. An invoice submitted by the superior court clerk should be titled "Invoice of Superior Court Clerk -- Indigent Case." The invoice must itemize the clerk's charges for the preparation of the record ordered by counsel for the indigent or the trial court and list the actual expenses of the clerk for transmittal for those portions of the record. The superior court clerk shall certify the clerk's invoice as follows:

     I hereby certify that the times listed in this invoice are correct charges for the preparation of those portions of the record ordered by counsel or the trial court and for the actual expense transmittal of those portions of the record.

     (b) Disallowance of Claim. If a brief is unnecessarily long, improper in substance, or not in compliance with these rules, all or a portion of counsel's claim may be disallowed. If the court reporter or counsel has been dilatory, all or a portion of the claim of the court reporter or the claim of counsel may be disallowed.

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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