GR 9 Cover Sheet

Suggested Changes to RAP 15.2 (h)

(A)             Name of Proponent:  Washington Court of Appeals Rules Committee.

(B)              Spokesperson:     Honorable Kevin M. Korsmo, Chair, Washington Court of Appeals Rules Committee.

(C)             Purpose:  The suggested amendments to RAP 15.2 (h) permit a party to object to an indigency decision of the trial court by motion in the appellate court. The issue does not come up often, but when it does it can be problematic from a procedural standpoint.  Either the appellate court must assign a new case number to the matter and go through a discretionary review process before the appeal goes forward, or else the court ends up with a motion for discretionary review within an appeal. Both options are awkward and inefficient.

Several other rules of appellate procedure, such as RAP 8.1(h) (supersedeas), and RAP 8.2(b) (release or stay of execution of sentence), provide that a party may object to these decisions by motion in the appellate court. The suggested changes to RAP 15.2 (h) allow that same procedure to be used for review of decisions of the trial court on indigency.