RAP 16.21 - Clerk's Conference in Capital Cases

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GR 9 COVER SHEET

Suggested Changes to the

Superior Court Criminal Rules (CrRs), Superior Court Civil Rule (CR), Courts of Limited Jurisdiction Criminal Rules (CrRLJs), Rules on Appellate Procedure, Special Proceeding Rules -–Criminal (SPRCs), and Juvenile Court Rule (JuCR)

Submitted by Washington State Supreme Court

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A. Name of Proponent: Washington State Supreme Court

B. Spokesperson: Chief Justice Mary E. Fairhurst

C. Purpose: The purpose of these rule amendments is to conform with the court’s holding in State v. Gregory, 192 Wn.2d 1, 427 P.3d 621 (2018), which held that the death penalty is unconstitutional as currently administered.

CrR 3.1 STDS—Standards for Indigent Defense

Standard 3.4—Removes reference to death penalty caseload limit

Standard 14.2—Removes reference to death penalty representation and SPRC 2 and re-numbers the rest of the standard.

Standard 14.3—Removes reference to requirements for attorneys who handle a death penalty appeal.

CrR 3.2—RELEASE OF ACCUSED

Removes the reference to release in capital cases and renumbers the remainder of the rule.

CrR 3.4(b)—PRESENCE OF THE DEFENDANT

Removes the reference to death penalty prosecutions.

CrR 6.1(b) —TRIAL BY JURY OR BY THE COURT

Removes the reference to the distinction between capital and noncapital cases in the number of jurors subsection.

CrR 6.4(e)(1)—CHALLENGES

Removes reference to prosecutions for capital cases in peremptory challenges subsection.

CrRLJ 2.2(c)—WARRANT OF ARREST OR SUMMONS UPON COMPLAINT

Removes reference to capital offense in the requisites of a warrant subsection.

CrRLJ 3.1 STDS—Standards for Indigent Defense

Standard 3.4—Removes reference to death penalty caseload limit.

Standard 14.2—Removes reference to death penalty representation and SPRC 2 and renumbers the rest of the standard.

Standard 14.3 —Removes reference to requirements for attorneys who handle a death penalty appeal.

JuCR 9.2 STDS—Standards for Indigent Defense

Standard 3.4—Removes reference to death penalty caseload limit

Standard 14.2—Removes reference to death penalty representation, SPRC 2 and re-numbers the rest of the standard.

Standard 14.3—Removes reference to requirements for attorneys who handling a death penalty appeal.

CR 80(b) Court Reporters

Removes reference to SPRC 3 regarding capital cases.

RAP 4.2—DIRECT REVIEW OF SUPERIOR COURT DECISION BY SUPREME COURT

Removes subsection (6) which refers to death penalty cases.

RAP 12.5(c)—MANDATE

Removes language that refers to cases in which the death penalty is to be imposed and removes subsection (3).

RAP 16.1(h)—PROCEEDINGS TO WHICH TITLE APPLIES

Removes cross-reference to RAP 16.19 – 16.27 which apply to capital cases.

RAP 16.3(c)—PERSONAL RESTRAINT PETITION—GENERALLY

Removes references to jurisdiction of personal restraint proceedings in death penalty cases.

RAP 16.5(b)—PERSONAL RESTRAINT PETITION-WHERE TO SEEK RELIEF

Removes filing requirement of personal restraint petition in the Supreme Court in death penalty cases and renumbers the remainder of the rule.

The following RAPs are removed in their entirety because they deal only with procedures to be followed on appeal in death penalty cases.

RAP 16.19—PREPARATION OF REPORT OF PROCEEDINGS IN CAPITAL CASES

RAP 16.20—TRANSMITTAL OF JURY QUESTIONNAIRES AND CLERK’S PAPERS IN CAPITAL CASES

RAP 16.21—CLERK’S CONFERENCE IN CAPITAL CASES

RAP 16.22—FILING OF BRIEFS IN CAPITAL CASES

RAP 16.23—ORAL ARGUMENT ON APPEAL IN CAPITAL CASES

RAP 16.24 – STAY OF EXECUTION IN CAPITAL CASES

RAP 16.25—APPOINTMENT OF COUNSEL ON PERSONAL RESTRAINT PETITION IN CAPITAL CASES

RAP 16.26—PERSONAL RESTRAINT PETITIONS IN CAPITAL CASES – DISCOVERY

RAP 16.27—PERSONAL RESTRAINT PETITION IN CAPITAL CASES – INVESTIGATIVE, EXPERT, AND OTHER SERVICES

The following SRPCs are removed in their entirety because they deal only with special procedures to be followed on appeal in death penalty cases.

SPRC 1—SCOPE OF RULES

SPRC 2—APPOINTMENT OF COUNSEL

SPRC 3—COURT REPORTERS: FILING OF NOTES

SPRC 4—DISCOVERY – SPECIAL SENTENCING PROCEEDING

SPRC 5—MENTAL EXAMINATION OF DEFENDANT

SPRC 6—PROPORTIONALITY QUESTIONNAIRES

SPRC 7—DESTRUCTION OF RECORDS, EXHIBITS, AND STENOGRAPHIC NOTES

D. Hearing: No hearing is requested.

E. Expedited Consideration: Expedited consideration is being requested.