RULE JuCR 7.8
                  TIME FOR ADJUDICATORY HEARING


    (a) General Provisions.

    (1) Responsibility of Court. It shall be the responsibility
of the court to ensure an adjudicatory hearing in accordance with
the provisions of this rule to each person charged with a juvenile offense.

    (2) Definitions.  For purpose of this rule:

        (i) "Pending charge" means the charge for which the
allowable time for trial is being computed.

        (ii) "Related charge" means a charge based on the same
conduct as the pending charge that is ultimately filed in juvenile court.

        (iii) "Appearance" means the juvenile's physical presence
in the court where the pending charge was filed.  Such presence
constitutes appearance only if (A) the prosecutor was notified of
the presence and (B) the presence is contemporaneously noted on
the record under the cause number of the pending charge.

        (iv)  "Arraignment" means the date determined under JuCR 7.6 and CrR 4.1(b)

        (v)  "Held in detention" means held in the custody of a
detention facility pursuant to the pending charge.  Such
detention excludes any period in which a juvenile is on
electronic home monitoring, is being held on an unrelated charge
or hold, or is serving a sentence of confinement.

    (3) Construction.  The allowable time for the adjudicatory
hearing shall be computed in accordance with this rule.  If a
hearing is timely under the language of this rule but was delayed
by circumstances not addressed in this rule or JuCR 7.6, the
pending charge shall not be dismissed unless the juvenile's
constitutional right to a speedy trial was violated.

    (4) Related Charges. The computation of the allowable time
for the adjudicatory hearing on a pending charge shall apply
equally to all related charges.

    (5) Reporting of Dismissals and Untimely Hearings.  The court
shall report to the administrative Office of the Courts, on a
form determined by that office, any case in which

        (i) the court dismissed a charge on determination
pursuant to section (h) that the charge had not been brought to
hearing within the time limit required by this rule, or

        (ii) the time limits would have been violated absent the
cure period authorized by section (g).

    (b) Time for Adjudicatory Hearing.

    (1) Juvenile Held in Detention.  A juvenile who is held in
detention shall be brought to hearing within the longer of

        (i) 30 days after the commencement date specified in this rule, or

        (ii) the time specified in subsection (b)(5).

    (2) Juvenile Not Held in Detention.  A juvenile who is not
held in detention shall be brought to hearing within the longer of

        (i) 60 days after the commencement date specified in this rule, or

        (ii) the time specified in subsection (b)(5)

    (3) Release of Juvenile.  If a juvenile is released from detention before
the 30 day time limit has expired, the limit shall be extended to 60 days.

    (4) Return to Detention following Release.  If a juvenile was
not held in detention at the time the hearing date was set but is
subsequently returned to detention on the same or related charge,
the 60-day limit shall continue to apply.  If the juvenile is
held in detention when the hearing is reset following a new
commencement date, the 30-day limit shall apply.

    (5) Allowable Time after Excluded Period.  If any period of
time is excluded pursuant to section (e), the allowable time for
the adjudicatory hearing shall not expire earlier than 15 days
after the end of that excluded period.

    (c) Commencement date.

    (1) Initial Commencement Date.  The initial commencement date
shall be the date of arraignment as determined under JuCR 7.6 and CrR 4.1

    (2) Resetting of Commencement Date.  On occurrence of one of
the following events, a new commencement date shall be
established, and the elapsed time shall be reset to zero.  If
more than one of these events occurs, the commencement date shall
be the latest of the dates specified in this subsection.

        (i) Waiver.  The filing of a written waiver of the
juvenile's rights under this rule signed by the juvenile.  The
new commencement date shall be the date specified in the waiver,
which shall not be earlier than the date on which the waiver was
filed.  If no date is specified, the commencement date shall be
the date of the hearing contemporaneously or subsequently set by the court.

        (ii) Failure to Appear.  The failure of the juvenile to
appear for any proceeding at which the juvenile's appearance was
required.  The new commencement date shall be the date of the
juvenile's next appearance.

        (iii) New Adjudicatory Hearing.  The entry of an order
granting a mistrial or new adjudicatory hearing or allowing the
juvenile to withdraw a plea of guilty.  The new commencement date
shall be the date the order is entered.

        (iv) Appellate Review or Stay.  The acceptance of review
or grant of a stay by an appellate court.  The new commencement
date shall be the date of the juvenile's appearance that next
follows the receipt by the clerk of the juvenile court of the
mandate or written order terminating review or stay.

        (v) Collateral Proceeding.  The entry of an order
granting a new adjudicatory hearing pursuant to a person
restraint petition, a habeas corpus proceeding, or a motion to
vacate judgment.  The new commencement date shall be the date of
the juvenile's appearance that next follows either the expiration
of the time to appeal such order or the receipt by the clerk of
the juvenile court of notice of action terminating the collateral
proceeding, whichever comes later.


        (vi) Change of Venue.  The entry of an order granting a
change of venue.  The new commencement date shall be the date of the order.

        (vii) Disqualification of Counsel.  The disqualification
of the defense attorney or prosecuting attorney.  The new
commencement date shall be the date of the disqualification.

    (d) Setting of Hearing Date---Notice---Objections---Loss of Right to Object.

    (1) Initial Setting of Hearing Date.  The court shall, within
15 days of the juvenile's actual arraignment in juvenile court,
set a date for the adjudicatory hearing which is within the time
limits prescribed by this rule and notify counsel for each party
of the date set.  If a juvenile is not represented by counsel,
the notice shall be given to the juvenile and may be mailed to
the juvenile's last known address.  The notice shall set forth
the proper date of the juvenile's arraignment and the date set for the hearing.

    (2) Resetting of Hearing Date.  When the court determines
that the hearing date should be reset for any reason, including
but not limited to the applicability of a new commencement date
pursuant to subsection (c)(2) or a period of exclusion pursuant
to section (e), the court shall set a new date for the hearing
which is within the time limits prescribed and notify each party of the date set.

    (3) Objection to Hearing Date.  A party who objects to the
date set upon the ground that it is not within the time limits
prescribed by this rule must, within 10 days after the notice is
mailed or otherwise given, move that the court set an
adjudicatory hearing within those time limits.  Such motion shall
be promptly noted for hearing by the moving party in accordance
with local procedures.  A party who fails, for any reason, to
make such a motin shall lose the right to object that an
adjudicatory hearing commenced on such a date is not within the
time limits prescribed by this rule.

    (4)  Loss of Right to Object.  If a hearing date is set
outside the time allowed by this rule, but the defendant lost the
right to object to that date pursuant to subsection (d)(3), that
date shall be treated as the last allowable date for the
adjudicatory hearing, subject to section (g).  A later hearing
date shall be timely only if the commencement date is reset
pursuant to subsection (c)(2) or there is a subsequent excluded
period pursuant to section (e) and subsection (b)(5).

    (e) Excluded Periods. The following periods shall be excluded
in computing the time for the adjudicatory hearing:

    (1) Competency Proceedings.  All proceedings related to the
competency of the juvenile to participate in the hearing on the
pending charge, beginning on the date when the competency
examination is ordered and terminating when the court enters a
written order finding the juvenile to be competent.

    (2) Proceedings on Unrelated Charges.  Arraignment, pre-
adjudicatory hearing proceedings, adjudicatory hearing, and
disposition hearing on an unrelated charge.

    (3) Continuances.  Delay granted by the court pursuant to section (f).

    (4) Period between Dismissal and Refiling.  The time between
the dismissal of a charge and the refilling of the same or related charge.

    (5) Disposition of Related Charge.  The period between the
commencement of an adjudicatory hearing or the entry of a plea of
guilty on one charge and the juvenile's arraignment in superior
court on a related charge.

    (6)     Juvenile Subject to foreign or Federal Custody or
Conditions.  The time during which a juvenile is detained outside
the state of Washington or in a federal facility and the time
during which a juvenile is subject to conditions of release not
imposed by a court of the State of Washington.

    (7) Unavoidable or Unforseen Circumstances.  Unavoidable or
unforeseen circumstances affecting the time for the adjudicatory
hearing beyond the control of the court or the parties.  This
exclusion also applies to the cure period of section (g).

    (8) Motion for Revision.  When amotion for revision of a
court commissioner's ruling is filed, the time between the court
commissioner's ruling and an order deciding the motion.

    (9) Disqualification of Judge.  A five-day period of time
commencing with the disqualification of the judge to whom the
case is assigned for the adjudicatory hearing.

    (f) Continuances. Continuances or other delays may be granted as follows:

    (1) Written Agreement.  Upon written agreement of the
parties, which must be signed by the alleged juvenile offender or
all the alleged offenders, the court may continue the hearing
date to a specified date.

    (2) Motion by the Court or a Party.  On motion of the court
or a party, the court may continue the hearing to a specified
date when such continuance is required in the administration of
justice and the juvenile will not be prejudiced in the
presentation of his or her defense.  The motion must be made
before the time for the adjudicatory hearing has expired.  The
court must state on the record or in writing the reasons for the
continuance.  The bringing of such motion by or on behalf of any
party waives that party's objection to the requested delay.

    (g) Cure Period.  The court may continue the case beyond the
limits specified in section (b) on motion of the court or a party
made within five days after the time for the adjudicatory hearing
has expired.  Such a continuance may be granted only once in the
case upon a finding on the record or in writing that the juvenile
will not be substantially prejudiced in the presentation of his
or her defense.  The period of delay shall be for no more than 7
days for a juvenile who is held in detention, or 28 days for a
juvenile not held in detention, from the date that the
continuance is granted.  The court may direct the parties to
remain in attendance or be on-call for hearing assignment during
the cure period.

    (h) Dismissal With Prejudice.  A charge not brought to
adjudicatory hearing within the time limit determined under this
rule shall be dismissed with prejudice. The State shall provide
notice of dismissal to the victim and at the court's discretion
shall allow the victim to address the court regarding the impact
of the crime. No case shall be dismissed for time-to-hearing
reasons except as expressly required by this rule, a statute, or
the state or federal constitution.


[Amended effective September 1, 1987; July 29, 1997; May 29, 2001; September 1, 2003.]