RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO SPRC 2||)
Now, therefore, it is hereby
(a) That the amendment as attached hereto is adopted.
(b) That the amendment will be published in the Washington Reports and will become effective January 1, 2003.
DATED at Olympia, Washington this 6th day of June 2002.
| Sanders, J.
| Smith, J.
|| Alexander, C. J.
| Johnson, J.
|| Bridge, J.
| Madsen, J.
|| Chambers, J.
| Ireland, J.
|| Owens, J.
SUPERIOR COURT SPECIAL PROCEEDINGS RULES-CRIMINAL (SPRC 2)
(a) Except as otherwise stated, these rules apply to all stages of proceedings in criminal cases in which the death penalty has been or may be decreed. These rules do not apply in any case in which imposition of the death penalty is no longer possible.
(b) Except when inconsistent with these rules, the Superior Court Criminal Rules and the Rules of Appellate Procedure shall continue to apply in capital cases.
Rule 2. APPOINTMENT OF COUNSEL
At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility for appointing counsel for trial. The Supreme Court shall appoint counsel for the direct appeal. Notwithstanding RAP 15.2 (f) and (h), the Supreme Court will determine all motions to withdraw as counsel on appeal.
A list of attorneys qualified for appointment in death
penalty trials and for appeals will be recruited and maintained
by a panel created by the Supreme Court. All counsel for trial
and appeal must have demonstrated the proficiency and commitment
to quality representation which is appropriate to a capital case.
At least one Both counsel at trial must have five years'
experience in the practice of criminal law , ( and) be familiar
with and experienced in the utilization of expert witnesses and
evidence, and not be presently serving as appointed counsel in
another active trial level death penalty case, and be learned in
the law of capital punishment by virtue of training or
experience. ( At least) O one counsel must be, and both may be,
qualified for appointment in capital trials on the capital
panel's list, unless circumstances exist such that it is in the
defendant's interest to appoint otherwise qualified counsel
learned in the law of capital punishment by virtue of training or
experience. The trial court shall make findings of fact if good
cause is found for not appointing list counsel.
At least one counsel on appeal must have three years'
experience in the field of criminal appellate law and be learned
in the law of capital punishment by virtue of training or
A list of attorneys qualified for appointment in
death penalty trials and for appeals will be recruited and
maintained by a panel created by the Supreme Court. In
appointing counsel for trial and on appeal, the trial court and
the Supreme Court will consider this the list . A list of
attorneys qualified for appointment in death penalty trials and
for appeals will be recruited and maintained by a panel created
by the Supreme Court list. However, the courts, but will have
the final discretion in the appointment of counsel. in capital
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.