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PART II
RULES FOR APPELLATE COURT
ADMINISTRATION
SUPREME COURT ADMINISTRATIVE RULES (SAR)
TABLE OF RULES
Rule
1 Seal
2 Style of Process
3 Judgments
4 Terms and Sessions of the Supreme Court
5 Adjournments
6 Two Departments--Assignment of Justices
7 Reserved
8 Chief Justice, Choice of--Duty
9 Associate Chief Justice
10 Right of Senior Justice To Act
11 Seniority of Justices
12 Acts in Contempt of Court
13 Minutes--Court Business Meetings
14 Opinions--When Filed
15 Commissioner of the Supreme Court
16 Clerk of the Supreme Court--Appointment--Powers--Duties
17 Reporter--Appointment--Duties
18 State Law Library
19 Bailiff--Appointment--Duties
20 Memorial Exercises
21 Justices Pro Tempore
22 Reporting of Criminal Cases
23 Motion for Reconsideration
RULE 1
SEAL
The seal of the Supreme Court shall be the vignette of General George
Washington, with the words, "SEAL OF THE SUPREME COURT--STATE OF
WASHINGTON," surrounding the vignette.
RULE 2
STYLE OF PROCESS
Process of the Supreme Court shall run in the name of the "State of
Washington," bear attest in the name of the Chief Justice, be signed by the
clerk of the court, dated when issued, sealed with the seal of the court,
and made returnable according to such rules or orders as are prescribed by
the court.
RULE 3
JUDGMENTS
The judgments and decrees of the Supreme Court shall be final and
conclusive upon all the parties properly before the court.
RULE 4
TERMS AND SESSIONS OF THE SUPREME COURT
The regular terms of the Supreme Court shall be held in
the Supreme Court, the Temple of Justice, at the capital,
beginning on the second Monday of January, the second Monday
of May, and the second Monday of September each year. The
court will not sit for the regular hearing of cases in July
and August.
Sessions of the court shall commence at 9 a.m. or at
such other time as the court may order.
At the direction of the Chief Justice, sessions of the
Supreme Court may be held outside Olympia at other locations
in the state of Washington. The times and places of such
sessions will be designated by the court.
Hearings en banc, rehearings, and special hearings may
be set by the court in its discretion at such other times as
the court may order.
RULE 5
ADJOURNMENTS
Adjournments from day to day, or from time to time, are to be construed
as recesses in the sessions, and shall not prevent the court sitting at any
time.
RULE 6
TWO DEPARTMENTS--ASSIGNMENT OF JUSTICES
The court may be divided into two departments for the
hearing of motions and such other matters as the Chief
Justice may designate. The Chief Justice shall assign four
of the associate Justices to each department, and such
assignment may be changed by the Chief Justice from time to
time, provided that the associate Justices shall be
competent to sit in either department and may interchange
with one another by agreement among themselves, or, if no
such agreement is made, as ordered by the Chief Justice.
The Chief Justice shall sit in both departments and
shall preside when so sitting.
RULE 7
(RESERVED)
RULE 8
CHIEF JUSTICE, CHOICE OF--DUTY
A. Quadrennial Nomination and Election of Chief Justice
Commencing in November 1996 and continuing every four years thereafter,
the Supreme Court shall select from among its membership a Chief Justice who
will serve a four-year term. The term of the person so elected shall commence
on the second Monday in January next succeeding the election. All members of
the court at the time of the election, except those Justices who it is known
will not be members of the court on the second Monday in January next, shall be
eligible for election to the position, including the incumbent Chief Justice and
Justices who have less than four years to serve on their current term of office.
Nominations for the position of Chief Justice shall be made orally at the
meeting of the court at which the election is conducted. All Justices on the
court at the time the election is held are eligible to vote. The vote shall be
by secret ballot and the Justice receiving a majority of the votes of the full
court shall be deemed elected to the position.
B. Resignation of a Chief Justice and Election of a Successor
The Chief Justice may resign at any time from that position without resigning
from the court. In that event or in the event of the death, resignation, or removal
of the Chief Justice, the remaining Justices of the court shall elect a successor
to the position of Chief Justice in the same manner as the quadrennial election of
a Chief Justice. The Justice so elected shall serve the remainder of the term
of the Chief Justice that Justice replaces.
The Chief Justice shall be the executive officer of the court, preside at all
sessions of the Supreme Court and shall do and perform those duties required of the Chief
Justice by the constitution and laws of the State of Washington and the rules of this
court, and shall serve as coordinator between the two departments.
RULE 9
ASSOCIATE CHIEF JUSTICE
The position of Associate Chief Justice shall be held by
the senior Justice of the court, other than the Chief
Justice. In the event the senior Justice declines to serve
in that position, the next most senior Justice shall be
designated as Associate Chief Justice. The Associate Chief
Justice shall perform the duties and exercise the powers of
the Chief Justice during the absence or inability of the
Chief Justice to act.
RULE 10
RIGHT OF SENIOR JUSTICE TO ACT
In the absence or inability of both the Chief Justice
and the Associate Chief Justice, the senior Justice present
at the capitol shall act as Chief Justice.
RULE 11
SENIORITY OF JUSTICES
Seniority among the Justices of the Supreme Court shall
be determined by length of continuous service on the court.
RULE 12
ACTS IN CONTEMPT OF COURT
It shall be contempt of this court for anyone to divulge
to others than the Justices and employees of this court
working upon an opinion, the results of any proceeding or
the identity of the assignment Justice prior to the time the
opinion is filed by the Clerk of the Supreme Court.
RULE 13
MINUTES--COURT BUSINESS MEETINGS
The court will cause to be recorded in a book kept for
that purpose minutes of all business meetings. The Justice
junior in length of service shall act as secretary.
Minutes relating to case conferencing are confidential.
Minutes relating to the general business of the court may be
made public at the discretion of the court.
RULE 14
OPINIONS--WHEN FILED
All opinions filed with the clerk of this court shall be signed except
per curiams. All opinions in any case shall be filed at the same time, and
the time of filing shall be determined by the Chief Justice. Original
opinions shall not be taken from the clerk's office.
RULE 15
COMMISSIONER OF THE SUPREME COURT
(a) Appointment. To promote the effective administration
of justice, the Justices of the Supreme Court will appoint a
commissioner of the court. The salary of the commissioner
will be fixed by the court. The commissioner may be removed
at the pleasure of the Supreme Court.
(b) Deciding Motions. The commissioner will hear and
decide those motions authorized by the Rules of Appellate
Procedure and any additional motions that may be assigned to
the commissioner by the court. The commissioner will
determine whether to accept cases certified by the Court of
Appeals to the Supreme Court.
(c) Screening for the Court. The commissioner will
screen petitions for review and direct appeals to the
Supreme Court and recommend whether Supreme Court review
should be granted. Except for motions to modify a ruling of
the commissioner, the commissioner will also screen motions
which are to be decided by the Justices and recommend to the
court an appropriate disposition for each motion. When
necessary, screening memoranda will contain an evaluation
sufficiently comprehensive to assist each Justice in
independently deciding the matter being screened.
(d) Assisting Chief Justice. The commissioner will
assist the Chief Justice with motions to file amicus curiae briefs.
(e) Judicial Law Clerks. The commissioner will present
an annual orientation for the new law clerks. The
commissioner will prepare and periodically revise a manual
for use by the judicial law clerks.
(f) Improving Administration of Justice. The
commissioner will make recommendations to the court
regarding procedures. The commissioner will serve on court
committees when appointed thereto by the Chief Justice.
(g) Central Staff. The commissioner will employ and
train staff attorneys and other personnel to assist the
commissioner in carrying out the duties of the
commissioner's office. These employees shall serve at the
pleasure of the commissioner. To the extent appropriations
permit, the court will authorize the commissioner to employ
sufficient staff to assist the court in expeditiously
fulfilling its duties to promptly fulfill the duties of the office.
(h) Duties To Benefit Full Court. All duties performed
by the commissioner are for the benefit of the court as a
whole. The court may alter or add to the duties of the commissioner.
(i) Qualifications. The commissioner must be a member in
good standing of the Washington State Bar Association and,
prior to appointment, have at least 5 years of experience in
the practice of law or in a judicially related field.
(j) Oath of Office. Before entering upon the duties of
the office, the commissioner will take and file an oath of
office in the form prescribed by order of the Supreme Court.
The oath will include a requirement that the commissioner
adhere to the Code of Judicial Conduct.
(k) Prohibition From Practice of Law. The commissioner
and the attorneys employed by the commissioner are
prohibited, during term of office, from acting as an attorney.
(l) Deputies. The commissioner may have one or more
deputies, to be appointed by the commissioner in writing, to
serve during the commissioner's pleasure. The deputies
shall have the power to perform any act or duty relating to
the commissioner's office that the commissioner has, and the
commissioner is responsible for their conduct.
[Amended effective January 3, 2006.]
RULE 16
CLERK OF THE SUPREME COURT--APPOINTMENT--
POWERS--DUTIES
(a) Appointment. The Justices of the Supreme Court shall
appoint a clerk of that court, who may be removed at their
pleasure. The clerk shall receive such compensation by
salary only as shall be fixed by the court.
(b) Deputies. The Clerk of the Supreme Court may have
one or more deputies, to be appointed by the clerk in
writing, to serve during the clerk's pleasure. The deputies
shall have the power to perform any act or duty relating to
the clerk's office that their principal has, and their
principal is responsible for their conduct.
(c) Prohibited Activity. The clerk and deputies are
prohibited, during their continuance in office, from acting
as an attorney.
(d) Oath. Before entering upon the duties of office, the
clerk and each deputy clerk shall take an oath of office,
which oath shall be deposited with the Secretary of State.
(e) Hours. The clerk shall keep the clerk's office at
the seat of government open at such hours as the court shall
require.
(f) Powers and Duties. The Clerk of the Supreme Court is
given the power and shall have such other powers as are
authorized by the court or by statute.
It is the duty of the clerk--
(1) To keep the seal of the court and affix it in all
cases where the clerk is required by law;
(2) To record the proceedings of the court;
(3) To keep the records, appertaining to the court,
which may be kept electronically/digitally when authorized
by the court;
(4) To file all papers delivered, in any action or
proceeding in that court, except when the rules of court
direct otherwise.
(g) The clerk shall do and perform any and all other
duties as may be prescribed by the Supreme Court.
RULE 17
REPORTER--APPOINTMENT--DUTIES
(1) The Justices of the Supreme Court shall appoint a
reporter for the opinions of the court, who shall be
removable at their pleasure. The reporter shall receive such
annual salary as shall be fixed and determined by the Supreme Court.
(2) The reporter shall provide for publication of the
rules of court as directed by the court.
(3) The reporter shall be a member of the Washington
Court Reports Commission and shall perform any and all other
duties as may be prescribed by the Supreme Court or by statute.
(4) The reporter shall provide for publication of
opinions in advance sheets and in permanent volumes of the
Washington Reports and the Washington Appellate Reports.
The opinions shall be published chronologically, unless
otherwise directed by the court. Publication of opinions
shall include the title of each case, a list of the
precedential holdings in the opinion, a summary of the
nature of the action and prior court proceedings, and the
names of counsel. Each advance sheet shall contain a table
of cases and a subject index. The last advance sheet of a
volume shall contain a cumulative table of cases and subject index.
Before publishing the permanent volume, the advance
sheet material shall be revised by adding volume and page
numbers for recent citations and dispositions of motions for
reconsideration, petitions for review, and other post filing
dispositions. The reporter shall also make corrections for
typographical errors noted in the advance sheets, revisions
of language directed by modification orders, and changes
otherwise directed by the courts. Opinions withdrawn shall
be deleted, and tables and indexes shall be revised
accordingly. Additional material such as memorials and rolls
of attorneys shall be inserted in the permanent volume as
directed by the courts or in the discretion of the reporter.
[Amended effective January 3, 2006.]
RULE 18
STATE LAW LIBRARY
The following rules shall govern the operation of the
State Law Library:
(a) State Law Library--General. The primary function of
the State Law Library shall be to maintain a legal research
library at the state capital for the use of all state
officials and employees, equipped to serve them effectively
with legal research materials required by them in connection
with their official duties. Specifically included, but not
limited to, are members, staff, and employees of the:
(1) Supreme Court
(2) Office of Administrator for the Courts
(3) Attorney General
(4) Legislature
(5) Governor's Office
(6) Commissions, agencies, and boards of all branches of
state government.
(b) Public Use. In addition to the groups provided in
section (a), the library shall be open to the public each
day of the week from 8 a.m. to 5 p.m. except Saturdays,
Sundays, and those legal holidays provided in RCW 1.16.050.
(c) After-Hours Use. In addition to the hours for public
use as provided in section (b), and when required by them in
connection with their official duties, those persons
provided for in section (a) may, upon application to the law
librarian, have access to the library collection during
evenings, weekends, and holidays.
(d) State Law Librarian--Appointments. The court will
appoint a law librarian who may be removed at its pleasure.
(e) State Law Librarian--Duties. The state law librarian
shall:
(1) Maintain as complete and up-to-date law library as
possible;
(2) Administer the library in accordance with the best
professional standards and protect library property from
loss or damage;
(3) Do legal research for any Supreme Court Justice when
he or she requests it;
(4) Establish, develop, and maintain legal research
libraries for each division of the Court of Appeals;
(5) Upon request, advise and consult with boards of
trustees, or other administrative bodies, of county law
libraries in the development, improvement, arrangement, and
maintenance of county law library collections and services;
(6) Promote improved statewide law library service to
all citizens of the state of Washington by lending of legal
materials and providing reference assistance in any manner
not inconsistent with the primary responsibility of the
State Law Library as set forth in section (a);
(7) Make distribution of legislative journals, session
laws, Washington Reports, and Washington Appellate Reports
as required by statute;
(8) Perform any and all other duties as may be
prescribed by the Supreme Court or by statute.
RULE 19
BAILIFF--APPOINTMENT--DUTIES
The court will appoint a bailiff whose duties shall be to attend all
sessions of the court, maintain official hearing records, ensure that
proper courtroom procedures are observed and do and perform such other
duties as may be required by the court. Additionally, the bailiff is chief
security officer for the court, providing and coordinating security on site
and when the court travels.
RULE 20
MEMORIAL EXERCISES
During the week before the beginning of the May term of each year, the
court will conduct suitable memorial exercises for members or former
members of the Supreme Court who have died within the preceding year.
SAR RULE 21
JUSTICES PRO TEMPORE
(a) Generally. If one or more justices recuse on a case which reduces the
court to an even number, a pro tempore justice shall be appointed by the Chief
Justice when available, unless a majority of the court directs otherwise. In
all other cases of recusal, the Chief Justice shall notify the other justices,
in writing, of the recusal as soon as the fact of recusal becomes known to the
Chief Justice, and the majority shall direct whether a pro tempore justice
should be appointed when available.
(b) Qualifications. If a pro tempore justice is to be selected, the
proposed selection shall be made in the manner set forth hereafter by the Chief
Justice, or at the Chief Justice's option by the Clerk of the Court, from a
list of active and retired court of appeals judges. The list shall be approved
on an annual basis by a majority of the Court. All retired appellate judges
will be included on the list, except those who prefer not to be on the list or
who are (1) incapacitated, (2) litigants whose cases have been in this court or
will likely come to this court, (3) over 75 years of age (the mandatory
judicial retirement age in this state), or (4) practicing law as a sole
practitioner, member of a law firm, or of counsel to a law firm, or legal
counsel for any private, nonprofit, or government entity.
(c) Selection. When a pro tempore justice is to serve in a case, the names
on the pro tempore list will be put on separate slips and drawn from a
container by the Clerk to ensure that selection is random. A pro tempore
justice so selected who agrees to serve will serve on all the cases, where a
pro tempore justice is needed, on a given court day. A separate drawing will
be held for each day.
(d) Oath. A justice pro tempore shall take the oath of office required by
article 4, section 28 of the state constitution. The oath of office, together
with the original order of appointment, shall be filed forthwith in the office
of the Secretary of State. A copy of the oath and order of appointment shall be
filed in the office of the Clerk of the Supreme Court.
(e) Duties of the Justice Pro Tempore.
(1) A justice, while serving pro tempore, shall have the same power and
authority as a Justice of the Supreme Court, and the pro tempore justice shall
perform such duties as the court may direct. Justices pro tempore shall author
majority opinions at the discretion of the Chief Justice.
(2) A justice pro tempore will function promptly on opinions and motions
for reconsideration on which the pro tempore justice is qualified to function.
When such opinions are received by the pro tempore justice after the period of
the appointment has expired, the original period of office as a justice pro
tempore shall be deemed to exist in order for the pro tempore justice to
function and to accomplish the ministerial act of filing the opinion.
(f) Publication of Opinions.
(1) Dissents and Concurrences. Dissents or concurrences written by a
justice pro tempore shall be published in regular form, except that a reference
symbol shall be placed after the name, directing attention to a footnote which
shall read:
"Justice _______________ is serving as a justice pro tempore of the Supreme
Court pursuant to Const. art. 4, section 2(a) (amend. 38)."
(2) Opinions signed by a justice pro tempore shall be published in the
regular form, except that the name of the justice pro tempore shall follow the
names of the Justices of the Supreme Court signing such opinion, with the
designation "Pro Tem." after the signature.
(3) There shall appear, in each bound volume of the Washington Reports, on
the page following the page listing the Justices of the Supreme Court, the
names and terms of office of the justices pro tempore who served during the
period covered by the published volume.
[Amended effective June 1, 2010]
RULE 22
REPORTING OF CRIMINAL CASES
{Reserved. See RCW 10.97.045}
RULE 23
MOTION FOR RECONSIDERATION
A Justice who has not participated in an opinion rendered by the
Supreme Court shall not be entitled to act on a motion for reconsideration.
COURT OF APPEALS
ADMINISTRATIVE RULES (CAR)
TABLE OF RULES
Rule
1 Seal
2 Style of Process
3 Judgments
4 Sessions
5 Adjournments
6 Authority
7 Apportionment of Business
8 Chief Judge
9 Acting Chief Judge
10 Right of Senior Judge To Act
11 Seniority of Judges
12 Acts in Contempt of Court
13 Minutes--Court Business Meetings
14 Opinions--When Filed
15 Rescinded
16 Court Personnel
17 Reporter
18 Law Librarian
19 Bailiff
20 Memorial Exercises
21 Transfer of Judges and Cases--Judges Pro Tempore
22 Supreme Court Clerk
23 Administrator for the Courts
24 Rescinded
25 Reporting of Criminal Cases
26 Special Panel of Judges Pro Tempore
RULE 1
SEAL
The seal of the Court of Appeals shall be in the vignette of George
Washington, with the words "SEAL OF THE COURT OF APPEALS--STATE OF
WASHINGTON" surrounding the vignette.
RULE 2
STYLE OF PROCESS
Processes of the Court of Appeals shall run in the name of the "State
of Washington," bear attest in the name of the Chief Judge, be signed by
the clerk of the court, dated when issued, sealed with the seal of the
court, and made returnable according to such rules or orders as are
prescribed by the court.
RULE 3
JUDGMENTS
The judgments and decrees of the Court of Appeals shall be final and
conclusive upon all parties except when the Supreme Court has assumed
jurisdiction of the cause.
RULE 4
SESSIONS
The regular sessions of each division of the Court of Appeals shall be
held at the headquarters, or at such other locations within the division as
may be designated by order of the Chief Judge of the division. Pursuant to
Laws of 1969, 1st Ex. Sess., ch. 221, the first division shall have its
headquarters in Seattle; the second division shall have its headquarters in
Tacoma; and the third division shall have its headquarters in Spokane.
Conferences and ceremonial sessions may be held at any location within the
geographical boundaries of any division by order of its Chief Judge.
RULE 5
ADJOURNMENTS
Adjournments from day to day, or from time to time, are to be construed
as recesses in the sessions, and shall not prevent the court sitting at any
time.
RULE 6
AUTHORITY
The presence of three judges and a concurrence of at least a majority
thereof shall be required to dispose of a case, except for dismissal on
stipulation of counsel of record. The Chief Judge may function on all
procedural matters not affecting the content of the record or argument.
RULE 7
APPORTIONMENT OF BUSINESS
The Chief Judge shall apportion cases fairly among all judges of the
division.
RULE 8
CHIEF JUDGE
The judges of each division will select its Chief Judge. Generally the
judge of each division having the shortest term to serve not holding his
office by appointment or election to fill a vacancy shall be the Chief
Judge and in case there shall be two judges having the same short term, the
other judges of the division shall determine which of them shall be Chief
Judge. In a division having more than four judges, the Chief Judge shall
assign the judges to panels.
RULE 9
ACTING CHIEF JUDGE
Each division shall elect from time to time an Acting Chief Judge. The
Acting Chief Judge shall perform the duties and exercise the powers of the
Chief Judge during the absence or inability of the Chief Judge to act.
RULE 10
RIGHT OF SENIOR JUDGE TO ACT
In the absence or inability of both the Chief Judge and the Acting
Chief Judge, the senior judge present, of the division, shall act as Chief
Judge.
RULE 11
SENIORITY OF JUDGES
Seniority among the judges of the Court of Appeals shall be determined
by length of continuous service on the Court of Appeals.
RULE 12
ACTS IN CONTEMPT OF COURT
It shall be contempt of this court for anyone to divulge to others than
the judges or employees of this court any information relative to a case,
except that which is of public record.
RULE 13
MINUTES--COURT BUSINESS MEETINGS
The court will cause to be recorded in a book kept for the purpose,
minutes of all business meetings.
RULE 14
OPINIONS--WHEN FILED
All opinions filed with a clerk of a division shall be signed, except
per curiams. All opinions in any one case shall be filed at the same time,
and the time of filing shall be determined by the Chief Judge. Original
opinions shall not be taken from the clerk's office.
RULE 15
{RESCINDED}
RULE 16
COURT PERSONNEL
Court of Appeals personnel will be appointed by and serve at the
pleasure of the division of the court to which they report.
(a) Clerk's Office. Each division shall have a clerk and such other
personnel for the operation of the office as are authorized by each
Division. Before undertaking the duties, the clerk shall file with the
Secretary of State an oath of office.
(b) Law Clerks and Secretaries. Each judge and Chief Judge is entitled
to not less than two law clerks and one secretary.
(c) Commissioner. To promote the effective administration of justice,
the judges of each division of the Court of Appeals will appoint one or
more commissioners of the court. The salary of the commissioners will be
fixed by the court.
(1) Deciding Motions. The commissioners will hear and decide those
motions authorized by the Rules of Appellate Procedure and any additional
motions that may be assigned to the commissioners by the court.
(2) Screening for the Court. The commissioners may screen appeals to
the Court of Appeals and recommend whether a case should be disposed of by
a published or unpublished opinion.
(3) Assisting Chief Judge. The commissioners may assist the Chief
Judges in the initial consideration of personal restraint petitions and
such other administrative and research duties as may be assigned.
(4) Judicial Law Clerks. The commissioners may assist the judges of the
Court of Appeals with the selection of judicial law clerks, as desired by
each judge. The commissioners will present an annual orientation for the
new law clerks. The commissioners will prepare and periodically revise a
manual for use by the judicial law clerks.
(5) Improving Administration of Justice. The commissioners will make
recommendations to the court regarding procedures and the more effective
use of judicial manpower in a particular division. The commissioners will
serve on court committees when appointed thereto by the Chief Judges.
(6) Assistants. The commissioners may supervise and train staff
attorneys and other personnel to assist the commissioners in carrying out
the duties of the commissioner's offices as directed by the judges of each
Division.
(7) Duties To Benefit Full Court. All duties performed by the
commissioners are for the benefit of the court as a whole. The court may
alter or add to the duties of the commissioners. In the performance of
these duties the commissioners are responsible to the Chief Judges as
executive officers of the court.
(8) Qualifications. The commissioners must be members in good standing
of the Washington State Bar Association and, prior to appointment, have at
least 5 years of experience in the practice of law or in a judicially
related field.
(9) Oath of Office. Before entering upon the duties of the office, the
commissioners will take and file an oath of office in the form prescribed
by order of the Supreme Court. The oath will include a requirement that the
commissioners adhere to the Code of Judicial Conduct.
(10) State Bar Association Membership. The commissioners are not
prohibited, during term of office, from maintaining active memberships in
the Washington State Bar Association. All commissioners are prohibited from
engaging, directly or indirectly, in the practice of law in this state.
RULE CAR 17
REPORTER
The opinions of the Court of Appeals shall be published
by the reporter of decisions of the Supreme Court, under the
supervision of the Washington Court Reports Commission.
[Adopted effective September 12, 1969; amended effective January 3, 2006.]
RULE 18
LAW LIBRARIAN
The state law librarian shall counsel and advise in the selection of
books, periodicals, and all other legal research materials for the use of
the Court of Appeals. Acquisition of all such material shall be made
through the State Law Library.
RULE 19
BAILIFF
The clerk of each division may serve as bailiff. The Chief Judge may
designate a law clerk to serve as temporary bailiff.
RULE 20
MEMORIAL EXERCISES
At the beginning of the May term of each year, the court will conduct
suitable memorial exercises for members or former members of the Court of
Appeals who have died during the preceding year.
RULE 21
TRANSFER OF JUDGES AND CASES--
JUDGES PRO TEMPORE
(a) Generally. A judge of one division of the Court of Appeals may sit
in any other division by mutual agreement of the Chief Judges of the two
divisions involved. A case may be transferred from one division to another
by written order of the Chief Judge of the transferring division, with the
concurrence of the Chief Judge of the division to which the case is
transferred.
(b) For Settlement Conferences. A judge or judge pro tempore of the
Court of Appeals may be assigned to expedite the use of settlement
conferences provided for under RAP 5.5 as follows:
(1) Judge. A judge of one division of the Court of Appeals may sit in
any other division as a settlement conference judge or to replace during
argument and decision a judge of another division who has acted as a
settlement conference judge, by mutual agreement of the Chief Judges of the
two divisions involved.
(2) Judge Pro Tempore. The Chief Judge of any division of the Court of
Appeals may appoint an active or retired judge of a court of general
jurisdiction to sit in that division as a settlement conference judge or to
replace during argument and decision a judge who has acted as a settlement
conference judge.
(c) Judges Pro Tempore. When a member of the court is disqualified or
unable to function on a case for good cause, or whenever necessary for the
prompt and orderly administration of justice, the Chief Judge of any
division may by written order designate an active or retired judge of a
court of general jurisdiction, or any active or retired justice of the
Supreme Court or judge of the Court of Appeals as a judge pro tempore to
sit with the court to hear and determine one or more cases. The designating
order shall set forth the period of service.
RULE 22
(Reserved)
RULE 23
ADMINISTRATOR FOR THE COURTS
(a) Fiscal Services. Fiscal services for the Court of Appeals shall be
provided by the Administrator for the Courts.
(b) Budgetary Planning. Each division shall submit to the Administrator
for the Courts a proposed budget at such time and in such form as the
Administrator for the Courts shall request. The Administrator for the
Courts shall, with the advice and assistance of at least one judge from
each of the divisions, prepare a proposed budget for the Court of Appeals.
(c) Statistics. The Administrator for the Courts, under the supervision
of the Supreme Court and the Chief Justice, shall collect and compile
statistical and other data reflecting the state of the dockets and any need
for judicial assistance, and shall make reports of the business transacted
by the Court of Appeals. The clerks of the Court of Appeals and all other
officers and employees of the court shall comply with all requests made by
the Administrator for the Courts, after approval by the Chief Justice, for
information and statistical data bearing upon the business transacted and
the judicial accomplishments of that court.
(d) Bond. The Administrator for the Courts shall obtain public employee
faithful performance bond coverage for all court employees.
RULE 24
{RESCINDED}
RULE 25
REPORTING OF CRIMINAL CASES
On any criminal appeal taken to the Court of Appeals from a
determination made by a court of lesser jurisdiction, the court clerk
shall, within 5 court days of the filing of a final decision on the merits
in the matter, forward to the Washington State Patrol Section on
Identification on a form approved by the Administrator for the Courts its
disposition of the particular case. In the event that collateral
proceedings are brought in the Court of Appeals and the result of those
collateral proceedings changes, or otherwise makes inaccurate, the
information forwarded on the original disposition report, the court clerk
shall prepare and forward to the Section a supplemental disposition report
on a form approved by the Administrator for the Courts indicating thereon
the information necessary to correct the current status of the disposition
of charges against the subject maintained in the records of the section.
RULE 26
SPECIAL PANEL OF JUDGES PRO TEMPORE
(a) Purpose. As a result of the high number of appeals filed with the
court in recent years which have created an excessive case backlog, special
panels of the Court of Appeals will be created as provided for in these
emergency rules for the purpose of reducing case backlogs to acceptable
levels.
(b) Generally. When it is determined by a majority of the judges in any
division that the assistance of pro tempore judges is necessary to relieve
excessive case backlog, the Chief Judge of any division may by written
order appoint as judges pro tempore active or retired justices of the
Supreme Court or judges of the Court of Appeals or active or retired judges
of the superior court or any attorney at law in this state meeting the
qualifications hereinafter stated.
(c) Attorney Qualification and Compensation. To be qualified for
appointment, attorneys at law must be members of the Washington State Bar
Association in good standing and have at least 6 years experience in the
active practice of law with substantial litigation experience. Attorneys at
law will not be compensated for their services as judges pro tempore, but
travel expenses will be reimbursed at rates approved by the Administrator
for the Courts.
(d) Conditions of Appointment. Attorneys at law will not be used as
judges pro tempore when active or retired judges are available in
sufficient numbers to support a 3-judge panel sitting 1 day each week.
Attorneys at law will be used as judges pro tempore only upon stipulation
by all parties in the case, and no more than one attorney shall sit as a
judge pro tempore on a panel. All parties shall receive written notice of
the intent to use an attorney as a judge pro tempore and shall have at
least 10 days from the receipt of said notice for filing written objection
to the use of said attorney as a judge pro tempore. Failure to file a
written objection to the attorney pro tempore within the 10-day period will
be deemed a stipulation approving the use of said attorney as a judge pro
tempore in said case.
In the event an objection to an attorney pro tempore is made, the case
shall be removed from the special calendar and returned to its place on the
regular hearing calendar.
(e) Termination. Authority extended under this rule will automatically
terminate 12 months from date of adoption or on July 1, 1987, whichever is
later, except for cases under consideration on the termination date.
SUPPLEMENTAL COURT OF APPEALS
ADMINISTRATIVE RULE
PRESIDING CHIEF JUDGE - EXECUTIVE COMMITTEE
(a) Executive Committee. There is hereby created an executive
committee of the Court of Appeals. It shall be made up of the Presiding
Chief Judge, as chair, and the remaining Chief Judges and Acting Chief
Judges of the divisions of the court.
(b) Duties of the Executive Committee. The executive
committee shall be responsible for administering the affairs of
the Court of Appeals. Decisions on the Court's budget and other
important decisions shall be made by the full Court; other
decisions affecting the Court as a whole may be made by the
executive committee. The full Court may delegate additional
authority as appropriate. The committee's duties shall include
the following:
(1) Coordinating the judicial work of the court to the
end that its case load can be handled expeditiously;
(2) Making budget recommendations to the full Court,
submitting the approved budget to the Legislature, and
administering the budget;
(3) Recommending to and implementing policies determined
by the Court of Appeals as a whole;
(4) Such other duties as the Court of Appeals as a
whole may from time to time direct;
(5) If the Presiding Chief Judge is not serving as the
Chief Judge of a division or the Acting Chief Judge of
Division One, the Presiding Chief Judge shall not have a
vote on the executive committee.
(c) Selection of Presiding Chief Judge. Each year, during
the appellate judges' spring conference, the Court of Appeals
shall select a Presiding Chief Judge for the Court of Appeals.
For any year in which spring conference is not held, the
selection shall be conducted by May 1.
(1) Those eligible for the position of Presiding Chief
Judge shall be the Chief Judges of each of the divisions of
the Court of Appeals and any other judge who has served as a
Chief Judge of any Division.
(2) The position of Presiding Chief Judge shall rotate
annually, and be selected from Division I every other year.
(3) The term of the Presiding Chief Judge shall be for 1 year.
(d) Duties of the Presiding Chief Judge. The duties of the
Presiding Chief Judge shall be those duties delegated by the
Court of Appeals as a whole or by the executive committee.
(1) Act as a liaison and representative for the Court
of Appeals with all other organizations;
(2) Appoint representatives of the court to serve on
judicially related committees or task forces which may
require a Court of Appeals representative;
(3) Appoint special committees for the court as necessary;
(4) Perform such other duties as the executive
committee shall from time to time direct.
(e) Meetings and Reports. Meetings of the Court of Appeals
as a whole shall be called as directed by the executive
committee. At meetings, the Presiding Chief Judge will:
(1) Preside;
(2) Prepare an agenda and, if possible, forward the
proposed agenda to all members of the Court of Appeals in
advance of each meeting;
(3) Report to the Court of Appeals with reference to
liaison activities with the organizations set forth above;
(4) Arrange for the meeting place;
(5) Arrange for the recording of minutes;
(6) Arrange for maintenance of the records of all
meetings of the court.
(f) Voting at Meetings of the Court of Appeals as a Whole.
Members who attend a meeting, including by telephone or
videoconference, may vote in that meeting.
(g) Role of Committees other than the Executive Committee.
Committees other than the executive committee report to, and may
make recommendations to, the executive committee. Decisions
about these recommendations are to be made by the executive
committee or the full Court, unless special authority is
delegated to a particular committee for a particular purpose.
(h) Amendments. Amendments to this rule must be approved by
a majority of the members of the Court of Appeals. An Order
adopting the amendments shall be signed by the Presiding Chief
Judge. The Order shall be filed in the clerk's office of each
Division of the Court of Appeals and a copy provided to the
Reporter of Decisions.
[Amended July 27, 2009.]
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