RULE CrRLJ 2.1
                        COMPLAINT--CITATION AND NOTICE

    (a) Complaint.

    (1) Initiation. Except as otherwise provided in this rule, all criminal
proceedings shall be initiated by a complaint.

    (2) Nature. The complaint shall be a plain, concise and definite written
statement of the essential facts constituting the offense charged. It shall be
signed by the prosecuting authority. Allegations made in one count may be
incorporated by reference in another count. It may be alleged that the means by
which the defendant committed the offense are unknown or that he or she
committed it by one or more specified means. The complaint shall state for each
count the official or customary citation of the statute, rule, regulation or
other provision of law which the defendant is alleged therein to have violated.
Error in the citation or its omission shall not be ground for dismissal of the
complaint or for reversal of a conviction if the error or omission did not
mislead the defendant to his or her prejudice.

    (3) Contents.  The complaint shall contain or have attached to it the
following information when filed with the court:

    (i) the name, address, date of birth, and sex of the defendant;

    (ii) all known personal identification numbers for the defendant, including
the Washington driver's operating license (DOL) number, the state criminal
identification (SID) number, the state criminal process control number (PCN),
the JUVIS control number, and the Washington Department of Corrections (DOC) number.

    (b) Citation and Notice To Appear.

    (1) Issuance. Whenever a person is arrested or could have been arrested
pursuant to statute for a violation of law which is punishable as a misdemeanor
or gross misdemeanor the arresting officer, or any other authorized peace
officer, may serve upon the person a citation and notice to appear in court.
Criminal citations shall be on a form entitled "Criminal Citation" prescribed
by the Administrative Office of the Courts. Citation forms prescribed by the
Administrative Office of the Courts are presumed valid.

    (2) Release Factors. In determining whether to release the person or to
hold him or her in custody, the peace officer shall consider the following factors:

    (i) whether the person has identified himself or herself satisfactorily;

    (ii) whether detention appears reasonably necessary to prevent imminent
bodily harm to himself, herself, or another, or injury to property, or breach
of the peace;

    (iii) whether the person has ties to the community reasonably sufficient to
assure his or her appearance or whether there is substantial likelihood that he
or she will refuse to respond to the citation and notice; and

    (iv) whether the person previously has failed to appear in response to a
citation and notice issued pursuant to this rule or to other lawful process.

    (3) Contents. The citation and notice to appear shall include or have
attached to it:

    (i) the name of the court and a space for the court's docket, case or file number;

    (ii) the name, address, date of birth, and sex of the defendant; and all
known personal identification numbers for the defendant, including the
Washington driver's operating license (DOL) number, the state criminal
identification (SID) number, the state criminal process control number (PCN),
the JUVIS control number, and the Washington Department of Corrections (DOC) number;

    (iii) the date, time, place, numerical code section, description of the
offense charged, the date on which the citation was issued, and the name of the
citing officer;

    (iv) the time and place the person is to appear in court, which may not
exceed 20 days after the date of the citation and notice, but which need not be
a time certain.

    (4) Certificate. The citation and notice shall contain a form of
certificate by the citing official that he or she certifies, under penalties of
perjury, as provided by RCW 9A.72.085, and any law amendatory thereto, that he
or she has probable cause to believe the person committed the offense charged
contrary to law. The certificate need not be made before a magistrate or any
other person.

    (5) Initiation. When signed by the citing officer and filed with a court of
competent jurisdiction, the citation and notice shall be deemed a lawful
complaint for the purpose of initiating prosecution of the offense charged therein.

    (c) Citizen Complaints. Any person wishing to institute a criminal action
alleging a misdemeanor or gross misdemeanor shall appear before a judge
empowered to commit persons charged with offenses against the State, other than
a judge pro tem.  The judge may require the appearance to be made on the
record, and under oath. The judge may consider any allegations on the basis of
an affidavit sworn to before the judge. The court may also grant an opportunity
at said hearing for evidence to be given by the county prosecuting attorney or
deputy, the potential defendant or attorney of record, law enforcement or other
potential witnesses.  The court may also require the presence of other
potential witnesses.

    In addition to probable cause, the court may consider:

    (1) Whether an unsuccessful prosecution will subject the State to costs or
damage claims under RCW 9A.16.110, or other civil proceedings;

    (2) Whether the complainant has adequate recourse under laws governing
small claims suits, anti-harassment petitions or other civil actions;

    (3) Whether a criminal investigation is pending;

    (4) Whether other criminal charges could be disrupted by allowing the
citizen complaint to be filed;

    (5) The availability of witnesses at trial;

    (6) The criminal record of the complainant, potential defendant and
potential witnesses, and whether any have been convicted of crimes of
dishonesty as defined by ER 609; and

    (7) Prosecution standards under RCW 9.94A.440.
If the judge is satisfied that probable cause exists, and factors (1) through (7)
justify filing charges, and that the complaining witness is aware of the
gravity of initiating a criminal complaint, of the necessity of a court
appearance or appearances for himself or herself and witnesses, of the possible
liability for false arrest and of the consequences of perjury, the judge may
authorize the citizen to sign and file a complaint in the form prescribed in
CrRLJ 2.1(a). The affidavit may be in substantially the following form:


THE STATE OF WASHINGTON    )
                           ) ss.             No. ________
COUNTY OF _________________)

              AFFIDAVIT OF COMPLAINING WITNESS

DEFENDANT:

Name ____________________________    Name ____________________________
Address _________________________    Address _________________________
Phone ___________ Bus. __________    Phone ___________ Bus. __________

WITNESSES:

Name ____________________________    Name ____________________________
Address _________________________    Address _________________________
Phone ___________ Bus. __________    Phone ___________ Bus. __________

Name ____________________________    Name ____________________________
Address _________________________    Address _________________________
Phone ___________ Bus. __________    Phone ___________ Bus. __________


    I, the undersigned complainant, understand that I have the choice of
complaining to a prosecuting authority rather than signing this affidavit. I
elect to use this method to start criminal proceedings. I understand that the
following are some but not all of the consequences of my signing a criminal
complaint: (1) the defendant may be arrested and placed in custody; (2) the
arrest if proved false may result in a lawsuit against me; (3) if I have sworn
falsely I may be prosecuted for perjury; (4) this charge will be prosecuted
even though I might later change my mind; (5) witnesses and complainant will be
required to appear in court on the trial date regardless of inconvenience,
school, job, etc.

    Following is a true statement of the events that led to filing this charge.
I (have)(have not) consulted with a prosecuting authority concerning this incident.


    On the ____ day of ___________, 19__, at _______________________.
                                                     (location)
_____________________________________________________________________

                Signed _______________________________

    SUBSCRIBED AND SWORN TO before me this ____ day of ___________, 19__.

                                  ______________________________________
                                  Judge

    (d) Filing.

    (1) Original. The original of the complaint or citation and notice shall be
filed with the clerk of the court.

    (2) Time. The citation and notice shall be filed with the clerk of the
court within two days after issuance, not including Saturdays, Sundays or
holidays. A citation and notice not filed within the time limits of this rule
may be dismissed without prejudice.


[Amended effective March 18, 1994; July 2, 1996; September 1, 1999;
November 21, 2006; May 6, 2008.]