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)
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|