General Orders of Division III

RESCINDED - In RE the Matter of Court Administration Order RE: Request to Deny Cost Award

For an adult offender convicted of an offense who wishes the court to exercise its discretion not to award costs in the event the State substantially prevails on appeal, effective immediately,

IT IS HEREBY ORDERED:

(1) Under RAP 14.2, the commissioner or clerk will award costs to the party that substantially prevails on review, “unless the appellate court directs otherwise in its decision terminating review.” In most cases, the decision terminating review (which is defined in RAP 12.3(a)) is the court’s decision on the merits.

(2) An adult offender convicted of an offense who wishes this court to exercise its discretion not to award costs in the event the State substantially prevails on appeal must make the request and provide argument in support of the request, together with citations to legal authority and references to relevant parts of the record, in the offender’s opening brief or by motion as provided in Title 17 of the Rules on Appeal. Any such motion must be filed and served no later than 60 days following the filing of the appellant’s opening brief. RAP 17.3 and 17.4 apply to the motion’s content, filing and service and to the submission and service of any answer or reply.

(3) If inability to pay is a factor alleged to support the request, then the offender should include in the record on appeal the clerk’s papers, exhibits, and the report of proceedings relating to the trial court’s determination of indigency and the offender’s current or likely ability to pay discretionary financial obligations. The offender shall also file a report as to continued indigency and likely future inability to pay an award of costs on the form set forth below. The original report, signed by the offender under penalty of perjury, shall be filed with the court and a copy shall be served on the respondent no later than 60 days following the filing of the appellant’s opening brief.

(4) The panel issuing the opinion shall address the request or decide the motion in the opinion. Its decision may direct the commissioner or clerk to award costs subject to criteria identified by the panel.

Dated this 10th day of June, 2016

FOR THE COURT: