RULE NO. 10
                                    CRIMINAL RULES


I.    Arraignments and Preliminary Appearances

      A.  Arraignments and preliminary appearances shall be handled at any
          time by arrangement with the Court and otherwise as part of the criminal
          motion calendar.

      B.  At arraignment in any criminal action, the Administrator shall set the
          matter for omnibus hearing, status conference and trial. The defendant
          shall be given a copy of the setting notice at the time of arraignment and
          sign the receipt therefor.

II.  Change of Plea

      A.  In all cases where the Court is advised to cancel a trial setting for the
          reason that the defendant intends to enter a plea of guilty such change of
          plea must be entered no later than the next succeeding criminal motion day
          following cancellation of the trial setting or the criminal motion day
          preceding the trial date, whichever is sooner, and in no event later than
          the time limitation of the applicable speedy trial rule unless by leave of
          Court by good cause shown.

III. Indigent Criminal Defendants, Financial Statement

      A.  The first duty of counsel appointed to represent indigent accused shall be
          to assist such accused in completing and immediately filing with the Court
          a financial statement form as provided by the Court. The defendant shall
          make a request for Court appointed counsel on the form prescribed in Exemplar 6.

IV.   Probation Violation Procedure

      A.  Whenever a probationer is detained as a result of alleged violation of
          conditions of probation an order of probation suspension, arrest and detention
          shall be issued by the community supervision officer. The order shall contain
          authorization for the appropriate law enforcement agency to hold the alleged
          violator and in addition shall contain the specific violations for which the
          probationer is being detained. A copy of such order shall be served on the
          probationer no later than his/her placement in detention and at the time of
          detention he/she shall also be served with a written notice advising him/her
          of his/her right to both a preliminary hearing and a revocation hearing. He/she
          shall also be given an opportunity to waive preliminary hearing in writing.
          He/she may so waive at any time prior to such hearing.

          Copies of the notice together with waiver of preliminary hearing if such is
          signed, as required by this rule, shall be given to the prosecuting attorney
          and the sentencing Court. Within one judicial day thereafter a preliminary
          hearing or revocation hearing, if preliminary hearing is waived, shall be
          scheduled by the prosecuting attorney and the probationer advised of the date
          thereof.

          Nothing in this rule shall be construed as abrogation of a probationer's
          right to counsel. He/she shall be advised that he/she may consult counsel
          before signing the waiver of preliminary hearing. Upon exercising his/her
          right to consult an attorney before signing the waiver, the form for such
          waiver shall be left with him/her.

V.    Continuances

      A.  Request for continuances either agreed or uncontested will not be granted
          by the Court unless the following procedure has been followed:

          1.  Defendant and his/her attorney has signed and submitted a waiver of
              speedy trial in the form prescribed in Exemplar 7, with the motion and
              order for continuance of trial date; and,

          2.  Motion and order for continuance of trial date has been submitted for
              Court approval after endorsement of a new trial date by the Court
              Administrator; and

          3.  The motion and order for continuance of trial date is submitted to the
              Judge not less than seven days prior to the previously established
              trial date.

VI.   3.5 and 3.6 Hearings

      A. If the moving party in a 3.5 (Confession) or 3.6 (Suppression) hearing
         files a Memorandum of Authorities in support of the motion, such memorandum
         shall be filed and served on the opposing party at least ten days prior to
         the hearing on the motion. A response to the Memorandum shall be filed and
         served at least five days before the hearing and a reply to the response shall
         be filed and served at least two days prior to the hearing. Courtesy copies of
         all Memoranda shall be provided to the Judge hearing the matter at the
         time of filing.

         (Adopted effective September 1, 1996)

      B. Within 7 days after the Omnibus hearing where a 3.5 hearing is requested by
         the State, the Prosecutor must serve on the defendant (or if represented,
         the defendant's attorney) and file with the Court a brief description of
         the defendant's statement(s) the Prosecutor intends to offer in evidence.

      C. Within 7 days after the Omnibus hearing where a 3.6 hearing is requested by
         the defendant, the defendant (or, if represented, the defendant's attorney)
         shall serve on the Prosecutor and file with the Court a written motion for
         suppression identifying the item(s) to be suppressed and briefly stating the
         grounds for suppression.

         (Adopted effective September 1, 1998)

VII.  Pre-Trial Conferences and Hearings in Adult Criminal Cases
      (for Klickitat County Only)

     A.   On the date set for arraignment in Superior Court, or upon which the
          defendant is arraigned, the prosecuting attorney, defense attorneys
          and the defendant(s) will subscribe to a Notice Form (a copy of which
          is made as Exemplar 2 and 3 to this rule). Each attorney and the
          defendant shall be given a copy of the completed form; the original
          shall be filed in the case file.

     B.   At least two weeks prior to the Trial Status conference date, the
          prosecuting attorney shall mail or deliver to the defendant's
          attorney or to the defendant if he/she is pro se, a written offer to
          settle the case.

     C.   In Klickitat County, on the third Friday proceeding a scheduled
          criminal trial, the defendant shall meet with his/her attorney in
          his/her attorney's office or at such other place as may be designated
          by the defense attorney for a settlement conference to discuss any
          plea bargain offers made by the prosecuting attorney. If the
          settlement conference falls on a legal holiday, it shall be held on
          the day before the holiday.

          Defendants' attendance is mandatory at the Settlement Conference and
          Status Hearing and his/her failure to attend without Court approval
          will result in a warrant for his/her arrest.

          On the next criminal motion day following the settlement conference
          or in Skamania County, the date of the settlement conference, the
          defendant, his/her attorney and the prosecuting attorney shall appear
          in the Superior Court at a time set on the Notice Form for a status
          hearing to determine if the matter will proceed to trial as scheduled.

          At the status hearing, the attorneys shall fill out and sign and the
          defendant shall sign a Status Conference Report (Exemplar 4). The
          original of the Status Conference Report shall be filed with the Court.

          If the defendant agrees to plead guilty, the plea shall be set on the
          entry prior to the scheduled trial date. If the matter is to proceed
          to trial the defense attorney and the prosecuting attorney shall
          verify to the Court that each has provided the other with his/her trial
          witness list and that any pre-trial motions have been schedule for hearing.

          (Adopted effective September 1, 2009)


VIII. Authority of Court Commissioners

      A. Superior Court Commissioners shall have the power, authority and jurisdiction
         in adult criminal cases to accept pleas in accordance with RCW 2.24.040.


(Adopted effective January 15, 2001)