RALJ 9.2 - Entry of Decision and Enforcement of Judgment
Comments for RALJ 9.2 must be received no later than April 30, 2018.
GR 9 COVER SHEET
Suggested Amendment to
THE RULES FOR APPEAL OF COURTS OF LIMITED JURISDICTION (RALJ)
Rule 9.2 – ENTRY OF DECISION AND ENFORCEMENT JUDGMENT
Submitted by the Board of Governors of the Washington State Bar Association
A. Name of Proponent:
B. Spokespersons:
Bradford E. Furlong, President, Washington State Bar Association, 1325 4th Avenue, Suite 600, Seattle, WA 98101-2539
Shannon Kilpatrick, Chair, WSBA Court Rules and Procedures Committee, Washington State Bar Association, 1325 4th Ave., Ste. 600, Seattle, WA 98101-2539 (telephone 425-388-7365)
Kevin Bank, WSBA Assistant General Counsel, Washington State Bar Association, 1325 4th Avenue, Suite 600, Seattle, WA 98101-2539 (telephone 206-733-5909)
C. Purpose:
The purpose of this amendment is to clarify in the RALJ how and when a mandate issues after cases are appealed to the superior court, and the procedure for notifying the court of limited jurisdiction of the issuance of the mandate. The proposed amendment to RALJ 9.2 is designed to provide better guidance to the superior court clerks about how mandates should be processed once the superior court issues its decision in a RALJ appeal.
The current language of RALJ 9.2 provides minimal guidance on how to process mandates, leading to inconsistency among jurisdictions and confusion among practitioners. If adopted, the proposed amendment will help standardize the RALJ appeal process to more closely mirror that of the Court of Appeals. The proposed language is taken almost verbatim from RAP 12.5 discussing the mandate process in the Court of Appeals. The proposed amendment will also provide more specific guidance to the superior court clerks in dealing with mandates in criminal cases.
The Washington State Bar Association Court Rules and Procedures Committee contacted stakeholders, including the District and Municipal Court Judges’ Association, Washington Association of Prosecuting Attorneys, Washington Defender Association, and Washington State Municipal Attorneys. There was broad support for the proposed amendment among stakeholders and no opposition to the proposal.
The Board of Governors reviewed the proposed amendment to RALJ 9.2 in July 2017 and approved its submission to the court.
D. Hearing: A hearing is not requested.
E. Expedited Consideration: Expedited consideration is not requested.
F. Supporting Material: Suggested rule amendment.
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