Washington State Courts

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                           ISLAND COUNTY
                     DISTRICT & MUNICIPAL COURT


Local Rules of the District Court of Island County and the Municipal
Courts of the City of Oak Harbor and the Town of Coupeville


Criminal Rules

LCrRLJ 1.1  Scope
LCrRLJ 3.1  Appearance of Counsel
LCrRLJ 3.2  Bail
LCrRLJ 3.3  Trial Scheduling
LCrRLJ 3.4  Personal Appearance Required
LCrRLJ 3.7  Presence of The Prosecutor and Public Defender
LCrRLJ 4.1  Untitled
LCrRLJ 6.1  Jury Term
LCrRLJ 7.6  Probation Fees
LCrRLJ 8.2  Deferred Prosecutions
LCrRLJ 10   Video Conference Proceedures


Infraction Rules

LIRLJ  3.1  Proceedure at Contested Hearing
LIRLJ  3.5  Decision on Written Statements
LIRLJ  3.6  Deferred Findings


Forms

Waiver of Speedy Trial
Waiver of Jury Trial
Waiver of Right to Lawyer (Arraignment)
Waiver of Right to Lawyer (Trial)
Waiver of Attendance of Represented Defendant

    
                                  LCrRLJ 1.1
                                     SCOPE


   These rules apply to all criminal hearings in Island County District Court,
Oak Harbor Municipal Court,  Coupeville Municipal Court and Langley Municipal Court.

    
                                  LCrRLJ 3.1
                             APPEARANCE OF COUNSEL


    (e)  A notice of appearance by counsel is considered effective through the
first disposition of the case.  Once a dismissal is entered, the defendant is
sentenced without appeal being taken, or the defendant enters into a deferred
prosecution or sentence program counsel may withdraw without further formality.
A new notice of appearance must be filed prior to appearing at any subsequent
hearing such as a probation violation or show cause hearing.

    
                                  LCrRLJ 3.2
                                     BAIL


 1.  Bail is to be set at the first appearance for all domestic violence
     offenses when a defendant has been arrested and confined pursuant to
     RCW 10.31.100 (2) (c).

 2.  Except for cases covered by paragraph 1, the court adopts the uniform bail
     schedule of CrRLJ 3.2

 3.  Law enforcement and the Court Clerk may receive bail in the form of cash,
     cashier's check, certified check, money order, traveler's check, credit card
     charge, checks drawn on a trust account or bail bond.  Recognizance bonds must
     be approved by the prosecuting attorney or by the Court.

LCrRLJ 3.3
TRIAL SCHEDULING

(f) When the defendant pleads not guilty either personally or through a notice
of appearance by counsel, the Clerk will schedule a pretrial hearing. All
parties shall be expected to have exchanged discovery. Parties shall discuss
the need for hearing any motions, including but not limited to 3.5, 3.6,
Hamrick and Knapstad motions. At the pre trial hearing, parties must resolve
the case or advise that the case is ready for trial, at which time, a readiness
hearing and trial date will be set. If an attorney has had no contact with
his/her client by the date of the readiness hearing, a warrant shall issue. At
the readiness conference, cases declared ready for trial will be assigned for
trial commencing the following Wednesday, Thursday or Friday of the first full
week following the Readiness Conference. Juries will be called based on trial
assignments at the Readiness Calendar. If a case settles after readiness, and
a jury is called but not used, costs may be assessed to the responsible party.
Juries may be called off by notifying the Court Administrator by 4:30 PM on the
afternoon immediately preceding the assigned trial date. No pleas or motions
will be heard on the readiness calendar.

(g) Continuances :

(1) By stipulation. Prior to the pretrial hearing the parties may agree in
writing to reset the next hearing or hearings. The defendant shall consent in
writing to the change in dates. Any agreements to change dates shall be
submitted at least 24 hours before the next scheduled hearing. Notice of the
new dates will be provided to the parties. All continuances on or after the
pre-trial hearing must be approved by the trial judge.

(2) By motion. On motion of any party or the court, the court may continue
the case when required in the interest of justice if the defendant will not be
substantially prejudiced in the presentation of defenses. The motion must be
filed on or before the date of the next scheduled hearing. The court must
state on the record the reasons for the continuance if it is granted and may
also assess terms as it deems appropriate.

(3) The court will not continue a trial date or other disposition beyond the
applicable final day for speedy trial under CrRLJ 3.3 without a speedy trial
waiver signed by the defendant.

(4) Requests for additional hearings such as bail reviews; requests to change
previously scheduled hearings to new dates or to change the nature of the
hearing must be requested in writing. Notice shall be given to the opposing
party or counsel not less than twenty four hours prior to the new hearing. The
clerk will then set the hearing at the requested time or notify the parties if
the date set by the court is different than the requested date.

(h) Motions Calendar:

(1) Motions which will require more than five minutes for disposition will be
heard on the criminal motion calendars. The Municipal Courts motions will be
set at 9:00 AM Monday mornings; the State motions will be set at 1:30 PM Monday afternoon.

(2) Motions which will require less than five minutes for disposition may be
heard during the arraignment calendar, the pretrial hearing, or during any
regularly scheduled hearing with the court's approval.

(l) Disposition Calendar:

(1) Guilty pleas may be entered at arraignment and pretrial hearings or may be
noted for the 1:30 PM disposition calendar each Tuesday afternoon and may be
noted for hearing at 8:30 AM any court day.

    
                                  LCrRLJ 3.4
                         Personal Appearance Required


  A defendant who has signed a promise to appear for a hearing or trial must
personally appear or submit a signed acknowledgment for the next agreed date.
Failure to personally appear or submit such a signed acknowledgment is grounds
to issue a warrant for the defendant's arrest and to strike all further
hearings until the defendant next appears in person before the court.
Represented defendants may file a waiver of attendance permitting their
attorney to appear on their behalf.  The form attached to these rules may be
used for waiver of appearance.  The defendant must personally appear at trial,
at arraignments for all domestic violence offenses, and for preliminary
appearances following an arrest and release for driving under the influence or
physical control charges.

    
                                  LCrRLJ 3.7
                Presence of the Prosecutor and Public Defender


(1) In all criminal cases, a representative of the Prosecuting Attorney's
    Office or the Office of City Attorney responsible for the case shall be present
    to conduct the case for the plaintiff. This rule applies to preliminary
    hearings, bail reviews, arraignments, pretrial hearings, motions, trials and
    other dispositions.

(2) Presence of the Public Defender.  A representative of the Public
    Defender's Office must be present for all hearings as required by their
    contracts with their funding authority.

    
                                  LCrRLJ 4.1


    (a) The filing of any notice of appearance shall eliminate the need for
further arraignment, pursuant to CrRLJ 4.1.  Upon the filing of any notice of
appearance, the Court shall enter a Not Guilty plea on behalf of the defendant
and will set the case for a pretrial hearing.  Notwithstanding this provision,
the defendant shall appear on the originally scheduled arraignment date for all
hearings at which the review of conditions of release or protection orders is mandatory.

    
                                  CrRLJ 6.1.1
                                   JURY TERM


(e) Criminal cases will be tried before a jury if jail is a possible sentence
    unless the defendant waives a jury in writing and the court consents to the
    waiver.  A defendant who files a waiver of jury must file a request to withdraw
    the waiver within 10 days provided by the rules or before the pretrial hearing
    whichever first occurs.

(f) Trial terms are set on the first and third Thursday/Friday of each month
    for the Municipal Courts; the second and fourth Wednesday, Thursday and Friday
    for District Court and the fifth Thursday/Friday for civil trials.    Cases
    will be assigned for trial at the Tuesday readiness hearing one week prior to
    the assigned trial date.  When two or more cases are ready they will go to
    trial in the order assigned by the Court at the Readiness Hearing.

    
                                  LCrRLJ 7.6
                                PROBATION FEES


    (c)  Defendants placed on probation shall pay a monthly probation fee
of $100 unless a lesser fee is specified in the judgment and sentence.

    
                                  LCrRLJ 8.2
                             DEFERRED PROSECUTIONS


    (a)  No order deferring prosecution will be approved and signed unless the
defendant is actually in a treatment program or is to begin treatment on a date
certain within 15 days of the date the order is signed.

    (b) No final order deferring prosecution shall be approved and signed unless
the defendant has either obtained an ignition interlock driver's license or a
waiver of that requirement.

    (c) Motions and orders for deferred prosecutions must be submitted in
conformity with the model forms available in probation and at the front counter
of the clerk's office.  The qualifying evaluation, treatment plan and
recommendation from probation must accompany the order.  The required fees
include the $150 fee for the administration of the deferred prosecution, the
$125 BAC fee and the $35 evaluation fee.  The total of $310 must be paid before
the order will be signed by the judge.

    (d) Deferred prosecutions requests should be submitted on or before the
pretrial conference.  If submitted on the day of trial, jury costs may be assessed.

    
                                   LCrRLJ 10
                          VIDEO CONFERENCE PROCEDURES


    (a)  Criminal.  Preliminary appearances, arraignments, bail hearings, and
readiness conferences may be conducted by video conference in which all
participants can simultaneously see, hear and speak with each other.  All video
conferences are public, and the public must be able to see all participants and
be able to speak as

    (b)  permitted by the trial judge.  Any party may request an in person hearing,
which may be granted in the trial judge's discretion.

    (c)  Other trial court proceedings including the entry of a guilty plea may be
conducted by video conference only by agreement of the parties, either in
writing or on the record.

    (d)  Standards.  The judge, counsel, all parties, and the public must be able
to see and hear each other during proceedings and be able to speak when
permitted by the Judge.  Video conference facilities must provide for
confidential communication between attorney and client.   Normally public
access will be provided in the courtroom.  Confidential communications will
be provided to counsel and interpreters, if any being present with the
defendant in the conference room at the secure facility.

    
                                   LIRLJ 3.1
                        PROCEDURE AT CONTESTED HEARING


    (b)  Representation by Lawyer.  At a contested hearing the plaintiff may be
represented by a lawyer for the prosecuting authority.  The defendant may be
represented by a lawyer.

    (c)  When both parties are represented by lawyers the matter will be heard as
if it were a bench trial.  The hearing date will be set on a Tuesday at 3 P.M
in Oak Harbor.  If the defendant is not represented the hearing will be
assigned to the normal contested hearing calendar for the appropriate court.

    (e)  If a lawyer appears for the defendant at a regular scheduled contested
hearing without previously filing a notice of appearance, the matter may be
rescheduled to the Tuesday, 3PM calendar to permit appearance by a lawyer
representing the plaintiff.

    (f)  Witness fees: Each party is responsible for costs incurred by that party
as set forth in RCW 46.63.151.  Subpoenas may be issued by the Court or a
party's lawyer with a copy filed at the Court.  Out of county witnesses must be
approved by the Judge.

    (g)  Speed measuring device experts may appear by telephone, video conference
call, or in person.

    
                                   LIRLJ 3.5
                        DECISION ON WRITTEN STATEMENTS


    (a) The court will consider requests for contested or mitigation traffic
hearings by mail.

    (b)  To contest a hearing by mail the individual requesting the hearing must:

         1) submit full payment with their request;

         2) include a statement that they understand that there is no appeal
            for a decision based on written statements;

         3) include a sworn statement of the circumstances of the incident and any
            other evidence they wish the judge to consider;

         4) include a brief justification for the need for a hearing by mail rather
            than a personal hearing.

    Once these items are submitted, the court will examine the officer's report and
matters submitted by the individual requesting the hearing.  This examination
will be done in chambers and will take place within 120 days after the
individual submits the required information and tenders payment.  The hearing
is not governed by the rules of evidence.  The court will determine whether the
plaintiff has proved by a preponderance of all evidence submitted that the
infraction was committed.  If the court determines that it was committed it may
assess a penalty in accordance with IRLJ 3.3.  The court will notify the
parties in writing whether an infraction was found to have been committed and
what penalty, if any, was imposed.

    (c) To request a mitigation hearing by mail, the individual requesting the
hearing must:

        1) submit full payment with their request;

        2) include a statement of the circumstances of the incident and any
           other evidence they wish the judge to consider;

        3) include a brief justification of the need for a hearing by mail rather
           than a personal hearing.

    Once these items are submitted, the court will review the submission and the
individual's driving record.  This review will be done in chambers and will
take place within 120 days after the individual submits the required
information.  If the court believes that mitigation is proper it will
mitigate the penalty and return the amount tendered in excess of the penalty.

(d)  No Appeal Permitted.  No appeal may be taken from a decision on written
statements on either contested or mitigated traffic infractions.

    
                                   IRLJ 3.6
                               Deferred Findings


    (a) Deferred Findings: The court may defer findings regarding traffic
infractions following a contested hearing or defer entry of an order following
a mitigation hearing for up to one year pursuant to RCW 46.63.070.

    (b)Limit.  A person may not receive more than one deferral within a seven-year
period for moving violations and one deferral within a seven-year period for
nonmoving violations.

    (c)Conditions.  For moving violations the conditions shall include attendance
at traffic safety school, payment of the presumptive fine and an administrative
fee.  For nonmoving violations the conditions shall include payment of the
presumptive fine and an administrative fee.

    (d)Administrative Fee.  The administrative fee shall be $25.

    (e) Dismissal:  After the end of the deferral period, the court will dismiss
the infraction if the person has met all the conditions of deferral and has not
committed another traffic infraction during the period.

WAIVER OF SPEEDY TRIAL