RAP RULE 16.18
                          POST-SENTENCE PETITIONS


    (a) Generally. The Department of Corrections may petition the Court of
Appeals for review of a sentence committing an offender to the custody or
jurisdiction of the Department of Corrections. The review shall be limited
to errors of law.

    (b) Filing. The petition should be filed no later than 90 days after
the Department of Corrections has received the documents containing the
terms of the sentence. The petition should be filed in the division that
includes the superior court entering the decision under review.

    (c) Parties. When the Department files the petition, it should serve
copies on the prosecuting attorney and on the offender whose sentence is in
question. The appellate court clerk will serve the offender with a
statement of the right to counsel and the right to proceed at public
expense if indigent. If the offender was found indigent at trial and has
been incarcerated since trial, continued indigency is presumed. In other
cases where the offender claims indigency, the Court of Appeals may make a
determination of indigency or may remand to the sentencing court for such a
determination. The Court of Appeals may appoint counsel for indigent
offenders and waive costs as provided in RAP 16.15(g) or may remand to the
sentencing court for such appointment. All parties should file a written
response to the petition within 45 days after the appellate court clerk
notifies the offender of the right to counsel and the right to proceed at
public expense. The Department has 20 days after service of the last
response to file a reply.

    (d)  Petition. The petition should contain:
    (1)  The county and superior court cause number below;
    (2)  The crime for which the offender was convicted;
    (3)  The date the Department of Corrections received the documents
         containing the terms of the sentence;
    (4)  The address of the offender;
    (5)  The error of law at issue;
    (6)  A statement by the Department of Corrections of all efforts that
         have been made to resolve the dispute at the superior court level, and the
         results thereof;
    (7)  Argument;
    (8)  The relief requested;
    (9)  A conclusion; and
    (10) An appendix. The appendix should contain a copy of the judgment
         and sentence, the warrant of commitment, and any response of the superior
         court regarding the Departments administrative efforts to resolve the issue.

    (e) Consideration of Petition.

    (1) Generally. The Chief Judge will consider the petition promptly
after the time has expired for filing of the Departments reply. The Chief
Judge determines at the initial consideration if the petition will be
retained by the appellate court for determination on the merits.

    (2) Determination by Appellate Court. The Chief Judge determines at the
initial consideration of the petition the steps necessary to properly
decide on the merits the issues raised by the petition. If the issues
presented are frivolous, the Chief Judge will dismiss the petition. If the
petition is not frivolous, the Chief Judge will refer the petition to a
panel of judges for a determination on the merits. The Chief Judge may
enter other orders necessary to obtain a prompt determination of the
petition on the merits.

    (3) Oral Argument. Decisions of the Chief Judge will be made without
oral argument. If a petition is to be decided on the merits by a panel of
judges, the appellate court clerk will set the petition for consideration
by the panel of judges, with or without oral argument. If oral argument is
directed, the clerk will notify the parties of the date set for oral
argument.
    (f) Disposition. The Court of Appeals will dispose of the matter in
such manner as the ends of justice require.

    (g) Review of Court of Appeals Decision. If the petition is dismissed
by the Chief Judge or decided by the Court of Appeals on the merits, the
decision is subject to review by the Supreme Court by a motion for
discretionary review on the terms and in the manner provided in rule 13.5A.


[Amended effective September 1, 2006.]