RULE CrR 4.1
                           ARRAIGNMENT

    (a) Time.

    (1)  Defendant Detained in Jail.  The defendant shall be arraigned not
later than 14 days after the date the information or indictment is filed in
the adult division of the superior court, if the defendant is (i) detained
in the jail of the county where the charges are pending or (ii) subject to
conditions of release imposed in connection with the same charges.

    (2)  Defendant Not Detained in Jail.  The defendant shall be arraigned
not later than 14 days after that appearance which next follows the filing
of the information or indictment, if the defendant is not detained in that
jail or subject to such conditions of release.  Any delay in bringing the
defendant before the court shall not affect the allowable time for
arraignment, regardless of the reason for that delay.  For purposes of this
rule, "appearance" has the meaning defined in CrR 3.3(a)(3)(iii).

    (b) Objection to Arraignment Date---Loss of Right to Object.  A party
who objects to the date of arraignment on the ground that it is not within
the time limits prescribed by this rule must state the objection to the
court at the time of the arraignment.  If the court rules that the
objection is correct, it shall establish and announce the proper date of
arraignment.  That date shall constitute the arraignment date for purposes
of CrR 3.3.  A party who fails to object as required shall lost the right
to object, and the arraignment date shall be conclusively established as
the date upon which the defendant was actually arraigned.

    (c) Counsel. If the defendant appears without counsel, the court shall
inform the defendant of his or her right to have counsel before being
arraigned. The court shall inquire if the defendant has counsel. If the
defendant is not represented and is unable to obtain counsel, counsel shall
be assigned by the court, unless otherwise provided.

    (d) Waiver of Counsel. If the defendant chooses to proceed without
counsel, the court shall ascertain whether this waiver is made voluntarily,
competently and with knowledge of the consequences. If the court finds the
waiver valid, an appropriate finding shall be entered in the minutes.
Unless the waiver is valid, the court shall not proceed with the
arraignment until counsel is provided. Waiver of counsel at arraignment
shall not preclude the defendant from claiming the right to counsel in
subsequent proceedings in the cause, and the defendant shall be so
informed. If such claim for counsel is not timely, the court shall appoint
counsel but may deny or limit a continuance.

    (e) Name. Defendant shall be asked his or her true name. If the
defendant alleges that the true name is one other than that by which he or
she is charged, it must be entered in the minutes of the court, and
subsequent proceedings shall be had by that name or other names relevant to
the proceedings.

    (f) Reading. The indictment or information shall be read to defendant,
unless the reading is waived, and a copy shall be given to defendant.


[Adopted effective July 1, 1973; Amended effective September 1, 2003]


                          Comment
    Supersedes RCW 10.40.010, .030, .040; RCW 10.46.030 in part, .040.