RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP 15.2, SAR 17, CAR 17 AND JISCR 16||)
Now, therefore, it is hereby
(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 1st day of December 2005.
| Alexander, C.J.
| C. Johnson, J.
|| Chambers, J.
| Madsen, J.
|| Owens, J.
| Sanders, J.
|| Fairhurst, J.
| Bridge, J.
|| J. M. Johnson, J.
DETERMINATION OF INDIGENCY AND RIGHTS OF INDIGENT PARTY
(b) Action by the Trial Court. In written findings and after a hearing, if circumstances warrant, the trial court shall determine the indigency, if any, of the party seeking review at public expense and
(1) shall grant the motion for an order of indigency if the party seeking public funds is unable by reason of poverty to pay for all or some of the expenses for appellate review of:
(a) criminal prosecutions or juvenile offense proceedings meeting the requirements of RCW 10.73.150,
(b) dependency and termination cases under Ch. 13.34,
(c) commitment proceedings under RCW 71.05 and 71.09,
(d) civil contempt cases directing incarceration of the contemner,
(e) orders denying petitions for writ of habeas corpus under RCW 7.36, including attorneys' fees upon a showing of extraordinary circumstances, and
(f) any other case in which the party has a constitutional or statutory right to counsel at all stages of the proceeding.
(2) shall deny the motion for an order of indigency if a party has adequate means to pay all of the expenses of review. The order denying the motion for an order of indigency shall contain findings designating the funds or source of funds available to the party to pay all of the expenses of review.
(c) Other Cases. In cases not governed by subsection (b) of this rule, the trial court shall determine in written findings the indigency, if any, of the party seeking review.
(1) Party Not Indigent. The trial court shall deny the motion if a party has adequate means to pay all of the expenses of review. The order denying the motion for an order of indigency shall contain findings designating the funds or source of funds available to the party to pay all of the expenses of review.
(2) Party Indigent. If the trial court finds the party seeking review is unable by reason of poverty to pay for all or some of the expenses of appellate review, the trial court shall enter such findings, which shall be forwarded to the Supreme Court for consideration, pursuant to section (d) of this rule. The trial court shall determine in those findings the portion of the records necessary for review and the amount, if any, the party is able to contribute toward the expense of review. The findings shall conclude with an order to the clerk of the trial court to promptly transmit to the Supreme Court, without charge to the moving party, the findings of indigency, the affidavit in support of the motion, and all other papers submitted in support of or in opposition to the motion. The trial court clerk shall promptly transmit to the Supreme Court the papers designated in the findings of indigency.
(d) Action by Supreme Court. If findings of indigency and other papers relating to the motion for an order of indigency are transmitted to the Supreme Court, the Supreme Court will determine whether an order of indigency in that case should be entered by the superior court. The determination will be made by a department of the Supreme Court on a regular motion day without oral argument and based only on the papers transmitted to the Supreme Court by the trial court clerk, unless the Supreme Court directs otherwise. If the Supreme Court determines that the party is seeking review in good faith, that an issue of probable merit is presented, and that the party is entitled to review partially or wholly at public expense, the Supreme Court will enter an order directing the trial court to enter an order of indigency. In all other cases, the Supreme Court will enter an order denying the party's motion for an order of indigency. The clerk of the appellate court will transmit a copy of the order to the clerk of the trial court and notify all parties of the decision of the Supreme Court.
(e) Order of Indigency. An order of indigency shall designate the items of expense which are to be paid with public funds and, where appropriate, the items of expense to be paid by a party or the amount which the party must contribute toward the expense of review. The order shall designate the extent to which public funds are to be used for payment of the expense of the record on review, limited to those parts of the record reasonably necessary to review issues argued in good faith. The order of indigency must be transmitted to the appellate court as a part of the record on review.
(f) Continued Indigency Presumed. A party and counsel for the party who has been granted an order of indigency must bring to the attention of the trial court any significant improvement during review in the financial condition of the party. The appellate court will give a party the benefits of an order of indigency throughout the review unless the trial court finds the party's financial condition has improved to the extent that the party is no longer indigent.
(g) Appointment and Withdrawal of Counsel in Appellate Court. The appellate court shall determine questions relating to the appointment and withdrawal of counsel for an indigent party on review. The Office of Public Defense shall, in accordance with its indigent appellate representation policies, provide the names of indigent appellate counsel to the appellate courts on a case-by-case bases. If trial counsel is not appointed, trial counsel must assist counsel appointed for review in preparing the record.
(h) Review of Order of Indigency. Only a party in a case of a type listed in section (b)(1) of this rule may seek review of an order of indigency or an order denying an order of indigency entered by a trial court. Review must be sought by a motion for discretionary review.
(i) Withdrawal of Counsel in Appellate Court. If counsel can find no basis for a good faith argument on review, counsel should file a motion in the appellate court to withdraw as counsel for the indigent as provided in rule 18.3(a).
REPORTER -- APPOINTMENT -- DUTIES
(2) The reporter shall provide for publication of the rules of court as directed by the court.
(3) The reporter shall be a member of the
Supreme Court Reports Washington Court Reports Commission and
shall perform any and all other duties as may be prescribed by
the Supreme Court or by statute.
(4) The reporter shall provide for publication of opinions in advance sheets and in permanent volumes of the Washington Reports and the Washington Appellate Reports. The opinions shall be published chronologically, unless otherwise directed by the court. Publication of opinions shall include the title of each case, a list of the precedential holdings in the opinion, a summary of the nature of the action and prior court proceedings, and the names of counsel. Each advance sheet shall contain a table of cases and a subject index. The last advance sheet of a volume shall contain a cumulative table of cases and subject index.
Before publishing the permanent volume, the advance sheet material shall be revised by adding volume and page numbers for recent citations and dispositions of motions for reconsideration, petitions for review, and other post filing dispositions. The reporter shall also make corrections for typographical errors noted in the advance sheets, revisions of language directed by modification orders, and changes otherwise directed by the courts. Opinions withdrawn shall be deleted, and tables and indexes shall be revised accordingly. Additional material such as memorials and rolls of attorneys shall be inserted in the permanent volume as directed by the courts or in the discretion of the reporter.
RECORD AND DISSEMINATION DATA PROCESSING
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.