APPEALS FROM COURTS OF LIMITED JURISDICTION


Pursuant to the provisions of RALJ 4, the Superior Court in
and for Clallam County adopts the following mandatory
procedures for appeals from Courts of Limited Jurisdiction:

I.   LRALJ 4.1 AUTHORITY OF COURTS PENDING APPEAL

     A.   Notice of Appeal:  Jurisdiction of Superior Court is
invoked upon the filing of a Notice of Appeal with the
Superior Court Clerk.

     B.   Court of Limited Jurisdiction.  After a Notice of
Appeal has been filed, and while the case is on appeal,
authority to act in a case is limited to RALJ except as
expanded by these rules.

     C.   Questions Relating to Indigency.  The Court of Limited
Jurisdiction shall decide questions relating to indigency
concerning the appointment of counsel at public expense.
The Superior Court shall decide questions relating to
indigency concerning all other expenses the party wants
waived or provided at public expense.

     1.  Motion for Order of Indigency and Appointment of Counsel
         at Public Expense.

     a.  Criminal cases.  A party seeking review partially
or wholly at public expense from a decision of a Court of
Limited Jurisdiction must move in the lower court for an
Order of Indigency and Appointment of Counsel at Public
Expense.  The motion must be supported by an  affidavit
setting forth the moving party's total assets; monthly
income, expenses and liabilities of the party; and a
statement of the amount, if any, the party can contribute
toward the expense of counsel.,

     b.  Civil cases.  A party seeking review of a civil
case partially or wholly at public expense must move in the
lower court for an Order of Indigency and Appointment of
counsel at Public Expense. The Motion must be supported by
an affidavit meeting substantially the same requirements as
set forth in subsection (a) above.  In addition, the party
must also demonstrate in the motion or the supporting
affidavit that the party has a constitutional right to
review partially or wholly at public expense.

     2.  Motion for Order of Payment of Costs at Public Expense.
A party seeking review partially or wholly at public expense
from a decision of a Court of Limited Jurisdiction must move
in the Superior Court for an Order of Payment of Costs at
Public Expense.  The motion must be supported by a statement
of the costs the party wants waived or provided at public expense.

     3.  Action by the District/Municipal Court.  The lower court
shall decide the motion for an Order of Indigency and
Appointment of Counsel at Public Expense, after a hearing if
the circumstances warrant, as follows:

     a.  Denial generally.  The lower court shall deny the
motion if a party has adequate means to pay all of the cost
of a lawyer for appellant review.  The order denying the
motion for an Order of Indigency and Appointment of Counsel
at Public Expense shall contain findings designating the
funds or source of funds available to the party to pay the
cost for a lawyer.

     b.  Approval generally (criminal).  The lower court
shall grant the motion and enter an Order of Indigency and
Appointment of Counsel at Public Expense if the party
seeking public funds is unable by reason of poverty to pay
all or some of the costs of a lawyer for review.

     c.  Approval generally (civil).  If the case is civil
case, and the party is unable by reason of poverty to pay
all or some of the costs of  lawyer for review, and if the
party has a constitutional right to review partially or
wholly at public expense, the lower court shall enter
findings of indigency.

     d.  The Motion, Affidavit and Order Re: Indigency and
Appointment of Counsel at Public expense shall be
transmitted to the Superior Court by the Lower Court Clerk
as a part of the record on review.

     4.  Action by the Superior Court.  The Superior Court shall
decide the motion for Order of Payment of Costs at Public
Expense, after a hearing if the circumstances warrant.

     5.  Order of Indigency and Order of Payment of Costs at
Public Expense.  The Order(s) shall designate the items of
expense which are to be paid with public funds and, where
appropriate, the items of expense to be paid by a party or
the amount which the party must contribute toward the
expense of review.  The Order shall designate the extent to
which public funds are to be used for payment of the expense
of the record on review, limited to those parts of the
record reasonably necessary to review issues argued in good
faith.  Verbatim transcripts of Voir Dire and/or opening
statements shall not be paid at public expense without
specific court approval.  The transcript, to be paid at
public expense, shall contain only those portions of the
electronic recording necessary to present the issues on appeal.

     6.  A party and counsel for the party who have been granted
an Order pursuant to this rule must promptly bring to the
attention of the Superior Court any significant improvement,
during review, in the financial condition of the parties.
The Superior court will give a party the benefit of an Order
granted pursuant to this rule throughout the review unless
the Superior Court finds that the party's financial
condition has improved to the extent that the party is no
longer indigent.

     7.  Appointment and Withdrawal of Counsel in Trial Court.
The lower court shall determine questions relating to the
appointment and withdrawal of counsel for an indigent party
on review.

     8.  Conditions for Payment.  The expenses for an indigent
party which are necessarily incident to review by the
Superior Court will be paid from public funds, by the
Superior Court, only if an Order of Payment meets the
requirements of paragraph 5 above and is included in the
record on review.

[Adopted effective June 8, 2000.]


II.  Small Claims Appeal:
     Small Claims Court's judgments appealed to the Superior
     Court shall be subject to the mandatory arbitration
     requirements of Superior Court and shall follow the
     procedural rules relating to arbitration.  A Trial De
     Novo on an appeal from Small Claims Court shall not be
     allowed unless the parties have participated in
     mandatory arbitration pursuant to the local rules.

[Adopted effective June 8, 2000.]