SPRC 6
PROPORTIONALITY QUESTIONNAIRES
(a) Within 14 days after the entry of a judgment and
sentence convicting a defendant of aggravated first degree
murder, the prosecuting attorney and the defendant's
attorney shall each complete a proposed questionnaire in the
form specified in RCW 10.95.120. The proposed
questionnaires shall be filed with the clerk of the trial
court. Copies shall be provided to the court and served on
the opposing attorney.
(b) The court shall consider the proposed
questionnaires and all other information in the record. No
hearing shall be held unless the court so directs. Within
30 days after the entry of the judgment and sentence, the
court shall complete a final questionnaire. The
questionnaire shall be submitted to the clerk of the Supreme
Court, to the defendant or his or her attorney, and to the
prosecuting attorney.
(c) Statements made by an attorney in a proposed
questionnaire shall not be considered admissions.
Statements made by the court in the final questionnaire
shall not be considered findings of fact. The proposed
questionnaires and the final questionnaire shall not be used
by the parties or the courts for any purpose in connection
with the case to which they pertain or any collateral
proceeding involving the same defendant. They shall be used
only in other cases, for the purpose of making the
determination required by RCW 10.95.130(2).
(d) In any brief or memorandum, a questionnaire may be
cited in the following format: first and last name of
defendant, questionnaire number, county of conviction, year
of sentencing. For example: "John Doe, no. 9 (Snohomish,
1982)."
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