General Orders of Division I
In re Changes to Case Title
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
IN RE CHANGES TO CASE TITLE
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GENERAL ORDER FOR THE COURT OF
APPEALS
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RAP 3.4 states, "The title of a case in the appellate court is the same as in the trial court."
RAP 3.41; RAP 3.4 allows the Court of Appeals to change the title of a case by court order.
Each division of this court agrees that a unified order on changing case titles will benefit the
court and the legal community.
The legislature has adopted statutes protecting confidentiality and sealing the superior
court record for the following types of cases:
• Adoption, RCW 26.33.330 (Type 5);
• Civil commitment, RCW 71.05.620 (Type 6);
• Dependency, chapter 13.34 RCW and RCW 13.50.100 (Type 7);
• Termination, chapter 13.34 RCW and RCW 13.50.100 (Type 7);
• Truancy, RCW 28A.225.030 and RCW 13.50.100 (Type 7);
• At risk youth, RCW 13.32A.191 and RCW 13.50.100 (Type 7); and
• Child in need of services, RCW 13.32A.140 and RCW 13.50.l 00 (Type 7).
Moreover, the legislature has determined that the official juvenile court record of any
alleged or proven juvenile offender shall be open to public inspection unless sealed. RCW
13.50.050, .260, .270. In addition, GR 15 authorizes the juvenile court to seal juvenile offender
records.2 However, the Washington Supreme Court adopted an amendment to RAP 3.4, effective
September 1, 2018, that states:
In a juvenile offender case;the parties shall caption the case using the juvenile's initials.
The parties shall refer to the juvenile by his or her initials throughout all briefing and
pleadings filed in the appellate court, and shall refer to any related individuals in such a
way as to not disclose the juvenile's identity. However, the trial court record need not be
redacted to eliminate references to the juvenile's identity.
Pursuant to the legislative policy of confidentiality of the aforementioned Types 5, 6, and
7 proceedings as expressed in the statutes and rule listed above, and pursuant to agreement
of the judges of this court, it is hereby
ORDERED that the Clerk shall change the case title of all appeals of adoption, civil
commitment, dependency, termination, truancy, at risk youth, child in need of services, and
juvenile offender cases by using the juveniles' or parties' initials instead of their full names.
Additionally it is
ORDERED that the Court of Appeals may also grant a motion to change the case title
for juvenile offender cases on appeal using the juvenile's initials instead of the juvenile's full
name. Additionally, it is hereby
ORDERED that the General Order for the Court of Appeals, "In re Changes to Case
Title," dated May 25, 2017, be and hereby is, rescinded effective September 1, 2018. Further, it
is hereby
ORDERED that the effective date of this Order is September 1, 2018
Dated this _22_ day of _August_______, 2018.
FOR THE COURT
Marlin J. Applewick, Chief Judge,
Division I
Bradley A. Maxa, Chief Judge,
Division II
Robert Lawrence-Berrey, Chief Judge,
Division III
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1Hundtofte v. Encarnacion, 181 Wn.2d l, 7,330 P.3d 168 (2014).
2 See Stale v. S.J.C., 183 Wn.2d 408,432 n.6, 352 P.3d 749 (2015); State v. C.R.H., 107 Wn.
App. 591, 27 P.3d 660 (2001). |