WSR 05-13-025

RULES OF COURT

STATE SUPREME COURT


[ June 2, 2005 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO NEW RAP 15.2 - FORM 12 )

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ORDER

NO. 25700-A-825


The Office of Public Defense having recommended the adoption of the proposed amendment to RAP 15.2 - Form 12, and the Court having determined that the proposed amendment 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 amendment as attached hereto is adopted.

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

DATED at Olympia, Washington this 2nd day of June 2005.
Alexander, C.J.


C. Johnson, J.


Chambers, J.


Madsen, J.


Owens, J.


Sanders, J.


Fairhurst, J.


Bridge, J.


J. M. Johnson, J.



SUGGESTED RULE/FORM CHANGE

FORM 12. Order of Indigency


(Rule 15.2)


SUPERIOR COURT OF WASHINGTON

FOR (_____________) COUNTY


(Name of plaintiff),

Plaintiff,

v.

(Name of defendant),

Defendant.

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No. (trial court)

ORDER OF INDIGENCY


(Set forth finding of indigency and state that applicable law grants review wholly or partially at public expense. For example: "The court finds that the defendant lacks sufficient funds to prosecute an appeal and applicable law grants defendant a right to review at public expense to the extent defined in this order.") The court orders as follows:

1. (Name of indigent) is entitled to counsel for review wholly at public expense.

2. (Name of appointed attorney) is appointed as counsel for review. Appointed counsel may be assisted by counsel in the same firm as appointed counsel. The appellate court court shall appoint counsel for review pursuant to RAP 15.2. (If applicable: "Trial counsel must assist appointed counsel for review in preparing the record.")

3. (Name of indigent) is entitled to the following at public expense:

(a) Those portions of the verbatim report of proceedings reasonably necessary for review as follows: (Designate parts of report.)

(b) A copy of the following clerk's papers: (Designate papers by name and trial court clerk's subnumber.)

(c) Preparation of original documents to be reproduced by the clerk as provided in rule 14.3(b).

(d) Reproduction of briefs and other papers on review which are reproduced by the clerk of the appellate court.

(e) The cost of transmitting the following cumbersome exhibits: (Designate cumbersome exhibits needed for review. See rule 9.8(b).)

(f) Other items: (Designate items.)

(Date)


___________________________________ Signature

(Name of Judge)

Judge of the Superior Court


Presented by:

(Name of party and attorney

for party presenting order;

Washington State Bar Association

membership number)

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.

Washington State Code Reviser's Office