Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
    
                      RITZVILLE DISTRICT COURT RULES


These Local Rules have been adopted under the provisions of General Rule 7
promulgated by the Washington State Supreme Court. The numbering used in these
Local Rules conforms to the numbering system and format of the
Superior Court Criminal Rules (CrR), Civil Rules for Courts of Limited
Jurisdiction (CRLJ), and Infraction Rules for Courts of Limited Jurisdiction (IRLJ),
which are in effect as of the adoption of these Local Rules.


Table of Rules

I. Administrative Rules for Courts of Limited Jurisdiction

1.   Scope of Rules
2.   Advisory Rules Committee
3.   Miscellaneous Provisions
9.   Confidential Records and Information


II. General Rules for Courts of Limited Jurisdiction

1.   Designation
2.   Hours of Operation
3.   Form of Pleading
4.   Instructions to Jury
5.   Cost of Jury
6.   Judge's Copy
7.   Schedule of Fees
8.   Court's Motion
9.   Enumerated Powers
10.  Cell phones, Pagers, and Other Devices
11.  Courtroom Safety
12.  Collection Agency


III. Civil Rules for Courts of Limited Jurisdiction

3.   Commencement of Action
16.  Civil Jury Pre-Trial Procedure
26.  Discovery
38.  Jury Trial
39.  Admissibility of Certain Documents at Trial
40.  Continuance
41.  Dismissal
54.  Judgment and Costs
55.  Default and Judgment
87.  Name Changes


IV. Criminal Rules for Courts of Limited Jurisdiction

3.1      Right to and Assignment of Lawyer
3.2      Release of Accused
3.4      Presence of Defendant
3.5-3.6  Evidence Suppression Procedure/Confession Suppression Procedure
4.2      Pleas and Pre-Trial Disposition
4.5      Jury Pre-Trial Procedure
4.8      Subpoenas
6.13     Evidence
7.2      Sentencing
8.2      Motions


V. Infraction Rules for Courts of Limited Jurisdiction

2.4  Response to Notice
2.6  Infraction Pre-Hearing Conference
3.1  Contested Hearings-Preliminary Proceedings
3.3  Procedure at Contested Hearing
3.5  Hearings via Mail
4.2  Failure to Pay for Traffic Infraction
6.2  Monetary Penalty Schedule for Infractions
6.6  Speed Measuring Device: Design and Construction Certification


VI. Rules for Appeal of Decisions of Courts of Limited Jurisdiction

VII. Courtroom Practice and Decorum for Courts of Limited Jurisdiction


Forms

Summons
Motion, Certification, Order and Judgment for Default
Agreement to Proceed by Video Conference
Statement of Defendant on Plea of Guilty
Petition for Deferred Prosecution (DPPF)
Deferred Prosecution Findings of Fact, Conclusions of Law, and Order
Waiver of Pre-Hearing
Declaration
    

 


    
                                    Rule 1
                                Scope of Rules


(a) Operating and administrative policies and procedures of the Ritzville
District Court shall be in accordance with Local Court Rules adopted pursuant
to GR 7, et seq.

(b) In the absence of a rule governing a particular procedure, or policy, the
Presiding Judge shall resolve the issue pending the establishment of a new rule.
    

 


    
                                    Rule 2
                           Advisory Rules Committee


(a) To facilitate regular review of established Local Court Rules, policies and
procedures, and to insure maximum participation by all jurisdictions, an
Advisory Committee shall be established composed of the following
representative participants:

(1)  City Attorney for Ritzville
(2)  Adams County Prosecutor
(3)  Adams County Public Defender
(4)  Court Administrator
(5)  Adams County Bar Association
(6)  Presiding Judge, who will serve as Chairman
(7)  Chief of Police of City of Ritzville
(8)  Adams County Sheriff
(9)  Sergeant of Ritzville Detachment of Washington State Patrol

(b) The Advisory Committee shall meet annually at the Adams County Courthouse,
Ritzville District Court.  Meeting arrangements, including the date, shall be
facilitated by the Court Administrator, for the convenience of the Committee.
Additional meetings may be called as needed by the Presiding Judge.

(c) The Committee shall evaluate written recommendations for the revision or
establishment of Local Court Rules.  The committee shall review all written
suggestions and/or recommendations on Local Court Rules received by the Court
during the preceding quarter.

(d) The Committee shall also consider proposed changes in Court policies and
procedures which are not governed by Court Rules.
    

 


    
                                    Rule 3
                           Miscellaneous Provisions


(a)  All requests for Local Court Rules or rule changes must be submitted in
writing to be considered by the Advisory Committee.

(b) Immediately following each Advisory Committee meeting, the Presiding Judge
shall present the Committee recommendations to the elected Judge and Court
Administrator for appropriate action.

(c) In evaluating any proposed Local Court Rules, the Judge shall take into
consideration the fiscal impact of additional services in view of budget restraints.
    

 


    
                                    Rule 9
                     Confidential Records and Information


(a) Public Records. Unless the trial judge rules otherwise in a particular
case, the following are considered public records and may be viewed and copied
by the public:

   (1) Court pleadings;

   (2) Dockets, both civil and criminal, regardless of the current status of the proceeding;

   (3) Indexes to civil and criminal cases;

   (4) Tape recordings of court proceedings;

   (5) Search warrants, affidavits, and inventories, after execution and return of the warrant.

(b) Private Records. The following are considered exempt from disclosure unless
they have been admitted into evidence, incorporated into a court pleading, or
are the subject of a stipulation on the record which places them into public record:

   (1) Witness statements and police reports;

   (2) Pre-sentence reports and reports related to compliance with conditions of sentence;

   (3) Copies of driving records or criminal history records subject to RCW 10.97;

   (4) Correspondence received by the court regarding sentencing and compliance with the
       terms of probation.

(c) Quasi-Public Documents. The following are not subject to public review,
but are subject to review by the defendant and his/her attorney:

   (1) Witness statements;

   (2) Pre-sentence reports and reports related to compliance with conditions of sentence;

   (3) Copies of driving records or criminal history records subject to RCW 10.97;

   (4) Correspondence received by the court regarding sentencing and compliance with
       the terms of probation, except when the information is provided on the condition
       it remain confidential or when a finding of good cause is made for its confidentiality.

(d) Court Assistance.

   (1) Court facilities are available to the public to assist in disclosure, subject to
       local court rule.

   (2) For security purposes, the court may require identification from the reviewing party.

(e) Judicial Review.  To assure that only public records are reviewed by the
public, judicial review of disclosure may be requested by the prosecuting
authority, defendant, court clerks, or other interested parties. The court may
withhold dissemination until a hearing may reasonably be held. Following the
hearing, the court may make such restrictive orders as are necessary.

(f) Statutes Not Superseded. Nothing in this rule shall be construed to
supersede existing statutes or subsequent amendments thereto.
    

 


    
                                    Rule 1
                                  Designation


The District Courts in Adams County shall be designated:

      Othello District Court
      Ritzville District Court

These Rules apply only to the Ritzville District Court.
    

 


    
                                    Rule 2
                              Hours of Operation


The District Court Shall be open for business Monday through Friday, except
holidays, from 8:30 a.m. to 4:30 p.m.  Special hearings and motions may be set
by appointment with the Court.  The "next judicial day" as referred to in RCW
46.61.50571 means the next day upon which Court is held in the Ritzville
District Court, Adams County, Washington.
    

 


    
                                    Rule 3
                               Form of Pleading


Every paper presented to the Judge for signature or delivered to the Court
Clerk for filing shall be a clearly readable original and shall include:

   (a) number and title of case;

   (b) designation of what the paper purports to be;

   (c) name, original signature, office address, telephone number and Washington
       State Bar Association Number of counsel.
    

 


    
                                    Rule 4
                             Instructions to Jury


(a) Proposed. Unless otherwise requested by the trial judge on timely notice to
counsel, proposed instructions shall be submitted when the case is called for
trial. Proposed instructions upon questions of law developed by the evidence,
which could not reasonably be anticipated, may be submitted at any time before
the court has instructed the jury.

(b) Submission. Submission of proposed instructions shall be by delivering the
original and three or more copies as required by the trial judge, by filing one
copy with the clerk, identified as the party's proposed instructions, and by
serving one copy upon each opposing counsel.

(c) Form. Each proposed instruction shall be typewritten or printed on a
separate sheet of letter-size (8-1/2 by 11 inches) paper. Except for one copy
of each, the instructions delivered to the trial court shall not be numbered or
identified as to the proposing party. One copy delivered to the trial court,
and the copy filed with the clerk, and copies served on each opposing counsel
shall be numbered and identified as to proposing party, and may contain
supporting annotations.
    

 


    
                                    Rule 5
                                 Cost of Jury


When a cause assigned a date for trial as a jury case is settled, or will not
be tried by a jury for any reason whatsoever, notice of that fact shall be
given immediately to the Court.  Terms may be sought against the responsible
party should this case be settled after the jury has been called.  Any such
terms imposed by the Court for payment shall be paid as directed by the Court.
    

 


    
                                    Rule 6
                                 Judge's Copy


Whenever a trial brief or memorandum of authority is filed with the Court, a
copy shall be served upon opposing counsel, with an extra copy provided for the Judge.
    

 


    
                                    Rule 7
                               Schedule of Fees


The following cost of documents/official services provided by the Ritzville
District Court Clerk can be found in the schedule of fees listed in RCW 3.62.060.

Anti Harassment
Appeal to Superior Court
Appeals Preparation Fee
Certified Copy
Civil
Civil Supplemental Proceedings
Domestic Violence
Duplication of Electronic Records
Fax Transmission Fees
Impound
Name Change
NSF check - handling fee
Photo Copy Expenses (per page)
Postage
Small Claims
Transcript of Judgment
Writ of Garnishment
    

 


    
                                    Rule 8.
                                Court's Motion


Any of these Rules may be suspended or modified by the Court upon its own motion.
    

 


    
                                    Rule 9
                               Enumerated Powers


Court Clerks and Court Commissioners shall have only powers enumerated by the
Judge appointing them and as restricted by State Statute or Court Rule.
    

 


    
                                    Rule 10
                    Cell Phones, Pagers, and Other Devices


No person shall be in the Ritzville District Court while in possession of a
cell phone, pager, smart phone, hand held device, or other electronic device
capable of producing a ring tone, beep, or other noise or signal unless such
device is turned off or is in a "silent" or "vibrate" mode.

Any person found having any of the articles or devices heretofore mentioned
which are not turned off or in a "silent" or "vibrate" mode while in the
Ritzville District Court is subject to having such devices seized by law
enforcement officers, bailiffs on court order, or as otherwise directed by the Court.

In addition, any person violating this rule shall be subject to punishment for
contempt of court.
    

 


    
                                    Rule 11
                               Courtroom Safety


No person shall be in the Ritzville District Court while armed with ANY firearm
or taser or explosive device or any knife having a blade length of more than
three inches or any billy club, blackjack, truncheon or bat, nor shall any such
person be in the afore-mentioned area while possessing any gas gun or other
device used for the spraying of tear gas, mace or other noxious chemical
substance, nor any incendiary device.

Any person found having any of the articles or devices heretofore mentioned
which are banned from the Ritzville District Court (when being used for court
purposes) is subject to having such articles or devices seized by law
enforcement officers, bailiffs on court order, or as otherwise directed by the Court.

Any person violating this rule shall be subject to punishment for contempt of
court and prosecuted under RCW 9.41.300.
    

 


    
                                    Rule 12
  Use of a Collection Agency and Assessment as Court Cost of Amounts Paid for
                              Collection Services


(a) The Court shall use the services of a collection agency for the purposes of
collecting unpaid and delinquent penalties on infraction, criminal fines,
costs, assessments, and forfeitures, on the terms and conditions of the
contract for collection services between Ritzville District Court for Adams
County and said collection agency, and may be subsequently amended.

(b) The collection agency's fee or charge, as set forth in said contract, shall
be added by the collection agency as a  cost to the total judgment of the Court
against each defendant whose account is referred by the Court to the collection agency.

(c) Nothing in this section shall prevent the Court from notifying the
Department of Licensing of the defendant's failure to pay a fine or cost as
ordered by the Court.
    

 


    
                                    Rule 3
                            Commencement of Action


Actions filed deliberately in the wrong venue on motion for change of venue,
shall carry an award of reasonable attorney fees to the moving party.  Any
action filed in the wrong venue shall be presumed to have been done with
deliberation, and the burden to show otherwise is hereby placed upon the filing
party.  A motion for voluntary non-suit shall not be granted while there is a
motion pending for correction of venue.
    

 


    
                                    Rule 16
                        Civil Jury Pre-Trial Procedure


     All cases set for jury trial shall be set for pre-trial conference which
shall be held at least two weeks prior to trial.  No order shall be required
for this mandatory pre-trial conference.  The attorneys who are to conduct the
trial and all parties shall be present to consider such matters as will promote
a fair and expeditious trial.  All discovery should be completed three days
prior to said conference.  Opposing counsel or party must be given seven days
notice on pre-trial motions to be heard at the pre-trial conference.  Any pre-
trial motions requiring testimony of witnesses for argument may, in the
discretion of the Court, be continued to the day of trial.  All amendments,
pleas, and motions should be made or be completed at this conference.  Upon
failure to appear, the Judge may proceed with the conference ex-parte, if
necessary, and enter any appropriate order including striking the jury demand
and may impose terms.
    

 


    
                                    Rule 26
                                   Discovery


     Prior permission of the Court is required before taking depositions
pursuant to Rules 30 through 32 of the Superior Court Civil Rules.  The request
for Admissions, Written Interrogatories and all other discovery procedures
authorized by Rules 26 through 37 of the Superior Court Civil Rules shall be
available to all parties in a cause of action without prior permission of the Court.
    

 


    
                                    Rule 38
                                  Jury Trial


   (a)   Demand.  When a trial by jury is authorized by the constitution,
statutes, or decisions of the Supreme Court, any party may demand a jury which
shall be selected and impaneled as required by law and this rule. At or prior
to the time the case is called to be set for trial, or at such other time as
directed by the court, any party may demand a jury trial of any issue triable
by a jury by serving upon the other parties a demand therefore in writing, by
filing the demand with the clerk, and by paying any required jury fee not later
than seven days from the date of trial setting notice issued from the Court.

   (c)  Waiver of Jury Trial. The failure of a party to serve a demand as required
by this rule, to file it as required by this rule, and to pay the required jury
fee in accordance with this rule, constitutes a waiver of trial by jury. A
demand for trial by jury once made may not be withdrawn without the consent of
the parties.

   (d)  Impaneling the Jury

       (1) Voir Dire. A voir dire examination shall be conducted for the purpose of
discovering any basis for challenge for cause and for the purpose of gaining
knowledge to enable an intelligent exercise of peremptory challenges. The judge
shall initiate the voir dire examination by identifying the parties and their
respective counsel and by briefly outlining the nature of the case. The judge
and the parties may then ask the prospective jurors questions regarding their
qualifications to serve as jurors in the case, subject to the supervision of
the court as appropriate to the facts of the case, and shall not be used by
opposing counsel:

   (i)   as a means of arguing or trying their case;  or

   (ii)  as an effort to indoctrinate, visit with or  establish "rapport" with
         the jurors; or

   (iii) for the purpose of asking jurors what kind of verdict they might
         return under any circumstances.

Questions are to be asked collectively of the entire panel whenever possible.

       (2) Challenges for Cause. If the court is of the opinion that grounds for
challenge to a juror exist, it shall excuse that juror. Otherwise, any party
may challenge the juror for cause. Challenges for cause shall be allowed as
provided in RCW 4.44.150 through 4.44.190.

       (3) Peremptory Challenges. The number and the manner of exercising peremptory
challenges shall be as provided in RCW 4.44.130, 4.44.140, and 4.44.190.

   (i) Imposition of Costs.  Whenever any cause assigned for jury trial is settled
or will not be tried by the jury for any reason, notice of that fact shall be
given immediately to the Court.  If notification is not given forty-eight hours
prior to the time of trial, and in any event after the jurors have appeared for
trial, the Court in its discretion may order payment of the actual cost of the
jury panel by the offending party.


   (j) Trial Day Conference.  Attorneys for each party or any pro se party shall
be present at least one-half hour before the time of trial and available to the
Judge.  A conference will be held with the trial judge to discuss matters which
will expedite the trial.  All exhibits should be marked by the Clerk prior to
the start of the trial whenever possible.
    

 


    
                                    Rule 39
                  Admissibility of Certain Documents at Trial


     The documents listed below, if relevant, are presumed admissible at the
trial, but only if: (1) the party offering the document serves on all
parties at least 14 days prior to the trial date a notice, accompanied by a
copy of the document and the name, address, and telephone number of its author
or maker; and (2) the party offering the document similarly furnishes all other
parties with copies of all other related documents from the same author or
maker.  This Rule does not restrict argument or proof related to the weight of
evidence admitted, nor does it restrict the Court's authority to determine the
weight of the evidence after hearing all of the evidence and the arguments of
opposing parties.

     Any other party may subpoena the author or maker of a document admissible
under this Rule, at the party's expense, and examine the author or maker as if
under cross-examination.  The documents presumed admissible under this Rule are:

     (a)  A bill, report, chart or record of a hospital, doctor, dentist,
registered nurse, licensed practical nurse, physical therapist, psychologist or
other health care provider, on a letterhead or billhead;

     (b)   A bill for drugs, medical appliances or other related expenses on a
letterhead or billhead;

     (c)   A bill, or an estimate of property damage on a letterhead or
billhead.  In the case of an estimate, the party intending to offer the
estimate shall forward with the notice to the adverse party a statement
indicating whether or not the property was repaired, and if it was, whether the
estimated repairs were made in full or in part, attaching a copy to the
receipted bill showing the items or repair and the amount paid;

     (d)  A police, weather, wage lost, or traffic signal report, or standard
United States government life expectancy table to the extent it is admissible
under the Rules of Evidence, but without the need for formal proof of
authentication or identification;

     (e) A photograph, x-ray, drawing, map, blueprint, or similar documentary
evidence, to the extent it is admissible under the Rules of Evidence, but
without the need for formal proof of authentication or identification;

     (f)  A document not specifically covered by any of the foregoing
provisions by having equivalent circumstantial guarantees of trustworthiness,
the admission of which would serve the interest of justice.
    

 


    
                                    Rule 40
                                  Continuance


   (a)  Bench Trials.  Once a trial date has been set, a continuance will be
granted only upon written stipulation of the parties filed, or order of the
Court upon showing of good cause.

   (b)  Jury Trials.

       (1)  Prior to or at the pre-trial conference, request for continuance shall be
granted upon written stipulation of the parties filed, or upon order of the
Court upon showing good cause.

       (2) After pre-trial conference, all requests for a continuance must be made in
the form of a written motion and affidavit with reasonable notice provided to
the opposing counsel and the Court.  A continuance will be granted by the Court
only upon showing of good cause.

   (c)  In any case, continuances shall be granted for only so long as is
necessary taking into account not only the request or consent of the parties,
but also the public interest in prompt disposition of cases.
    

 


    
                                    Rule 41
                                   Dismissal


(a)  Voluntary Dismissal.  Voluntary non-suits requested on the trial date are
subject, at the discretion of the Court, to the allowance of costs and witness
fees and reasonable attorney fees to those appearing on such trial date.

(b)  Dismissal on Clerk's Motion.  In all civil cases in which no action of
record  has occurred during the previous 12 months, the Clerk of the Court
shall notify the attorneys of record by mail that the court will dismiss the
case unless, within 30 days following the mailing of such, a party takes action
of record or files a status report with the court indicating the reason for
inactivity and projecting future activity and a case completion date. If the
court does not receive such a status report, it shall, on motion of the clerk,
dismiss the case without prejudice and without cost to any party.

The clerk shall mail notice of impending dismissal not later than 30 days after
the case becomes eligible for dismissal because of inactivity. A party who does
not receive the clerk's notice shall be entitled to reinstatement of the case,
without cost, upon motion brought within a reasonable time after learning of
the dismissal.
    

 


    
                                    Rule 54
                              Judgment and Costs


(a) Attorney fees.  When any party claims the right to recover attorney fees by
contract, statute, or court rule, that fact shall be brought to the attention
of the Court immediately following its decision on the merits of the case, or
the delivery of the jury verdict.  If the Court then determines that an award
of attorney fees may be appropriate, the Court may require the party requesting
attorney fees to provide the Court with an affidavit detailing the fees
incurred.  The Court may either make an award of attorney fees and include it
in the judgment, or schedule the matter for further argument.

(d) Costs. Costs shall be fixed and allowed as provided in RCW 12.20.060 or by
any other applicable statute.
    

 


    
                                   Rule 55.
                             Default and Judgment


(a)  Entry of Default.

In the event the Defendant does not appear within one half hour of the time set
for trial, the Plaintiff may move for entry of default and a default judgment
pursuant to CRLJ 55.  A motion and affidavit for default judgment for failure
to appear, plead, or otherwise defend as provided by this Rule shall be in
substantially the same format hereinafter set forth.

(b)  Entry of Default Judgment.

(1) Assigned Claims.  A default judgment will not be entered on an assigned
claim unless the original written assignment is filed with the Court.

(2)  Interest.  No judgment for interest shall be allowed unless proof of the
factors necessary for computation of interest including applicable dates, rate
of interest, and amount subject to interest, in addition to the final amount of
interest claimed, is submitted in writing.

(3)  Notice.  The prevailing party shall notify the Defendant of the entry of
default judgment by mailing a copy of the judgment to the defendant at his last
known address within 5 days after entry of judgment.

(4)  Attorney Fees.  Where authorized by written instrument or statute,
excluding those cases governed by the provisions of RCW 12.20.060, the Court
may award reasonable attorney fees in cases where default judgment is entered
in the amount of $200.00, unless at the time of judgment is entered, the
prevailing party presents competent evidence to the Court that a larger sum
should be awarded.
    

 


    
                                    Rule 87
                                 Name Changes


   (a) Requirements.  An applicant who applies to the court for a change of name
pursuant to   RCW 4.24.130 must meet the following requirements:

      (1) Birth Certificate. A certified copy of any minor applicant's birth
certificate or suitable identification must be presented to the clerk for
verification and copying.

      (2) Minors: Parental Consent. All applicants under eighteen (18) years of age
must be represented by a parent or legal guardian, and both biological or legal
parents or guardian must approve the change of name either by personal
appearance or by verified affidavit.

   (3) Separate Application. Each applicant requesting a change of name must
present a separate Change of Name Order and pay a separate filing fee and
recording fee.
    

 


    
                                   Rule 3.1
                       Right to and Assignment of Lawyer


    (d) Assignment of Lawyer.

       (1) Unless waived, a lawyer shall be provided to any person who is financially
unable to obtain one without causing substantial hardship to the person or to
the person's family. A lawyer shall not be denied to any person merely because
his or her friends or relatives have resources adequate to retain a lawyer or
because he or she has posted or is capable of posting bond.

       (2) The ability to pay part of the cost of a lawyer shall not preclude
assignment. The assignment of a lawyer may be conditioned upon part payment
pursuant to an established method of collection.

       (3) Information given by a person to assist in the determination of whether he
or she is financially able to obtain a lawyer shall be under oath and shall not
be available for use to the prosecution in the pending case in chief.
    

 


    
                                   Rule 3.2
                              Release of Accused


      Any defendant charged with a criminal offense shall at his first court
appearance be ordered released on his personal recognizance pending trial
unless the Court determines that such recognizance will not reasonably assure
his appearance, when required, or the Court finds that release on personal
recognizance should be denied based on other criteria in pre-trial release
rules applicable to Courts of Limited Jurisdiction.

      If the Court finds that release should be denied, the Court shall proceed
to determine whether probable cause exists to believe that the accused
committed the offense charged, unless this determination has previously been
made by a Court.  Before making this determination, the Court may only consider
affidavits or certificates under oath filed, or sworn testimony and further may
examine under oath the affiant and any other witnesses he may produce.  If
probable cause is not established, the defendant shall be released.

    Any person arrested for a crime classified as Domestic Violence under RCW 10.99
shall be held in jail without bail pending his first appearance.

    No bail pending first appearance shall apply to all such offenses listed
under Section 10.99 irrespective of their classification as felony, gross
misdemeanor or misdemeanor.

(m) Disposition by Forfeiture of Bail.  The Court may permit the disposition of
any case or class of cases by forfeiture of bail by the entry of a written
order showing the reasons.  If the Court allows forfeiture of bail, it may
accept the bail as full payment including all statutory assessments.
    

 


    
                                   Rule 3.4
                             Presence of Defendant


   (d) Video Conference Proceedings.

       (1)  Authorization.  Preliminary appearances held pursuant to CrRLJ 3.2.1(d),
arraignments held pursuant to this rule and CrRLJ 4.1, bail hearings held
pursuant to CrRLJ 3.2, and trial settings held pursuant to CrRLJ 3.3(f), may be
conducted by video conference in which all participants can simultaneously see,
hear, and speak with each other.  Such proceedings shall be deemed held in open
court and in the defendant's presence for the purposes of any statute, court
rule or policy.  All video conference hearings conducted pursuant to this rule
shall be public, and the public shall be able to simultaneously see and hear
all participants and speak as permitted by the trial court judge. Any party may
request an in-person hearing, which may in the trial court judge's discretion
be granted.

       (2)  Agreement.  Other trial court proceedings including the entry of a
Statement of Defendant on Plea of Guilty as provided for by CrRLJ 4.2 may be
conducted by video conference only by agreement of the parties, either in
writing or on the record, and upon the approval of the trial  court judge
pursuant to local court rule.

      (3) Standards for Video Conference Proceedings.  The judge, counsel, all
parties, and the public must be able to see and hear each other during
proceedings, and speak as permitted by the judge.  Video conference facilities
must provide for confidential communications between attorney and client and
security sufficient to protect the safety of all participants and observers.
In interpreted proceedings, the interpreter must be located next to the
defendant and the proceeding must be conducted to assure that the interpreter
can hear all participants.
    

 


    
                                 Rule 3.5-3.6
       Evidence Suppression Procedure/Confession Suppression Procedure


All demands for hearings on admissibility of confessions, statements, or
evidence must be made no later than the pre-trial hearing.  The plaintiff shall
be responsible for the subpoena of all witnesses necessary to meet its burden
of proof at the CrRLJ 3.5-3.6 hearing.  All CrRLJ 3.5-3.6 hearings shall be
specially set.
    

 


    
                                   Rule 4.2
                        Pleas and Pre-Trial Disposition


(d) Voluntariness. The court shall not accept a plea of guilty without first
determining that it is made voluntarily, competently, and with an understanding
of the nature of the charge and the consequences of the plea. The court shall not
enter a judgment upon a plea of guilty unless it is satisfied that there is a
factual basis for the plea.

(e) Agreements. If a plea of guilty is based upon an agreement between the
defendant and the prosecuting authority, such agreement must be made a part of
the record at the time the plea is entered. No agreement shall be made which
specifies what action the court shall take on or pursuant to the plea, or which
attempts to control the exercise of the court's discretion, and the court shall
so advise the defendant.

(g)  Written Statement. A written statement of the defendant in substantially
the form set forth below shall be filed on a plea of guilty:


DISTRICT COURT, STATE OF
WASHINGTON,  ADAMS COUNTY

                                     No.
 ______________________________,
                      Plaintiff      Statement of Defendant on
                                     Plea of Guilty
                                     [ ] Count 1:
vs.                                  ____________________
 ______________________________,     [ ] Count 2:
                      Defendant.     ____________________
                                     [ ] Count 3:
                                     ____________________
                                     [ ]
                                     __________________________


1.   My true name is ________________________________________.
2.   My age is ___________________.
3.   I went through the ___________________ grade.
4.   I Have Been Informed and Fully Understand that:
          (a) I have the right to representation by a lawyer and that if I
              cannot afford to pay for a lawyer, one will be provided at no expense to me.

          (b) I am charged with: ______________________________________________.

              The elements are:  ______________________________________________.


5.   I Understand That I Have the Following Important Rights, and I Give Them
     All Up by Pleading Guilty:

     (a)  The right to a speedy and public trial by an impartial jury in the
          county where the crime is alleged to have been committed;
     (b)  The right to remain silent before and during trial, and the right to
          refuse to testify against myself;
     (c)  The right at trial to hear and question the witnesses who testify against me;
     (d)  The right at trial to testify and to have witnesses testify for me.
          These witnesses can be made to appear at no expense to me;
     (e)  I am presumed innocent unless the charge is proven beyond a
          reasonable doubt or I enter a plea of guilty;
     (f)  The right to appeal a finding of guilt after a trial.

6.   In Considering the Consequences of my Guilty Plea, I Understand That:

     (a)  The crime with which I am charged carries a maximum sentence of
          ________ days in jail and a $_____________ fine.

     (b)  The prosecuting authority will make the following recommendation to
          the judge:

     (c)  The judge does not have to follow anyone's recommendation as to
          sentence.  The judge can give me any sentence up to the maximum
          authorized by law no matter what the prosecuting authority or anyone
          else recommends.

     (d)  The judge may place me on probation for up to five years if I am
          sentenced under RCW 46.61.5055 or up to two years for all other
          offenses and impose conditions of probation. If the court orders me
          to appear at a hearing regarding my compliance with probation and I
          fail to attend the hearing, the term of probation will be tolled
          until I appear before the court on the record.

     (e)  The judge may require me to pay costs, fees and assessments
          authorized by law.  The judge may also order me to make restitution
          to any victims who lost money or property as a result of crimes I
          committed.  The maximum amount of restitution is double the amount of
          the loss of all victims or double the amount of my gain.

     (f)  If I am not a citizen of the United States, a plea of guilty to an
          offense punishable as a crime under state law is grounds for
          deportation, exclusion from admission to the United States, or denial
          of naturalization pursuant to the laws of the United States.

Notification Relating to Specific Crimes.  If any of the Following Paragraphs
Apply, the Box Should Be Checked and the Paragraph Initialed by the Defendant.

     [  ] (g) The crime of
          _________________________________ has a mandatory minimum sentence of
          _____________________ days in jail and $____________ fine plus costs
          and assessments.  The law does not allow any reduction of this sentence.

     [  ] (h) If this crime involves a sexual offense, prostitution, or a drug
          offense associated with hypodermic needles, I will be required to undergo
          testing for the human immunodeficiency (AIDS) virus.

     [  ] (i) This plea of guilty will result in suspension or revocation
          of my driving license or privilege by the Department of Licensing
          for a period of ________________.  This period may not include
          suspension or revocation based on other matters.

     [  ] (j) I understand that I may not
          possess, own, or have under my control any firearm unless my right to
          do so is restored by a court of record and that I must immediately
          surrender any concealed pistol license.  RCW  9.41.040.

     [  ] (k) If this crime involves a drug
          offense, my eligibility for state and federal education benefits will
          be affected.  20 U.S.C. ยง 1091(r).

     [  ] (l) If this case involves driving
          while under the influence of alcohol and/or being in actual physical
          control of a vehicle while under the influence of alcohol and/or
          drugs, I have been informed and understand that I will be subject to
          [ ]  the penalties described in the "DUI" Attachment.
          OR
          [ ]  these penalties:  The mandatory minimum sentence of
          ______________ days in jail, _______________ days of electronic home
          monitoring and $_____________ monetary penalty.  I may also be
          required to drive only motor vehicles equipped with an ignition
          interlock device as imposed by the Department of Licensing and/or the
          court.  My driving privilege will be suspended or revoked by the
          Department of Licensing for the period of time stated in paragraph
          6(i).  In lieu of the minimum jail term, the judge may order me to
          serve ___________________ days in electronic home monitoring.  If I
          do not have a dwelling, telephone service, or any other necessity to
          operate electronic home monitoring; if I live out of state; or if the
          judge determines I would violate the terms of electronic home
          monitoring, the judge may waive electronic home monitoring and impose
          an alternative sentence which may include additional jail time, work
          crew or work camp.

     [  ] (m) I understand that if this crime involves sexual misconduct with a minor
          in the second degree, communication with a minor for immoral
          purposes, or attempt, solicitation or conspiracy to commit a sex
          offense, or a kidnapping offense involving a minor,  as defined in
          RCW 9A.44.130, I will be required to register with the county sheriff
          as described in the "Offender Registration" Attachment.

     [  ] (n) If this crime involves stalking, harassment or communication
          with a minor for immoral purposes, I will be required to have a
          biological sample collected for purposes of DNA identification
          analysis.  RCW 43.43.754.

     [  ] (o) Travel Restrictions: I understand that I will be required to
          contact my probation officer, the probation director or designee, or
          the court if there is no probation department, to request permission
          to travel or transfer to another state if I am placed on probation
          for one year or more and this crime involves:  (i) an offense in
          which a person has incurred direct or threatened physical or
          psychological harm; (ii) an offense that involves the use or
          possession of a firearm; (iii) a second or subsequent misdemeanor
          offense of driving while impaired by drugs or alcohol; (iv) a sexual
          offense that requires the offender to register as a sex offender in
          the sending state.  I understand that I will be required to pay an
          application fee with my travel or transfer request.

7.   I plead guilty to the crime(s) of as charged in the
     complaint(s) or citation(s) and notice.  I have received a copy of that
     complaint or citation and notice.

8.   I make this plea freely and voluntarily.

9.   No one has threatened harm of any kind to me or to any other person to
     cause me to make this plea.

10.  No person has made promises of any kind to cause me to enter this plea
     except as set forth in this statement.

11.  The judge has asked me to state in my own words what I did that makes me
     guilty of this crime.  This is my statement:
     ______________________________________________________________________.

     [  ] Instead of making a statement, I agree that the court may review
          the police reports and/or a statement of probable cause supplied by the
          prosecution to establish a factual basis for the plea.


12.  My lawyer has explained to me, and we have fully discussed, all of the
     above paragraphs.  I understand them all.  I have been given a copy of
     this "Statement of Defendant on Plea of Guilty."  I have no further
     questions to ask the judge.

Date:_______________________   _____________________________________________
                               Defendant

                               I have read and discussed this statement with
                               the defendant and believe that the defendant is
                               competent and fully understands the statement.


_______________________________________      ________________________________
Prosecuting Authority           WSBA No.     Defendant's Lawyer     WSBA No.
Type or Print Name                           Type or Print Name


The foregoing statement was signed by the defendant in open court in the
presence of the defendant's lawyer and the undersigned Judge.  The defendant
asserted that (check the appropriate box):

[  ] (a)  The defendant had previously read; or
[  ] (b)  The defendant's lawyer had previously read to him or her; or
[  ] (c)  An interpreter had previously read to the defendant the entire
          statement above and that the defendant understood it in full.

I find the defendant's plea of guilty to be knowingly, intelligently and
voluntarily made.  Defendant understands the charges and the consequences of
the plea.  There is a factual basis for the plea.  The defendant is guilty as charged.



Dated:____________________     ___________________________________________
                               DISTRICT COURT JUDGE

(i) Deferred Prosecution Petition.  Deferred Prosecution petitions shall be in
substantially the same format as the petition attached to this Rule.  Each
petition shall include a case history and an evaluation attached as exhibits.

All Defendants shall read and complete a Statement of Defendant on Deferred
Prosecution in substantially the same format as that attached to this Rule
before approval of a Deferred Prosecution by the Court.
    

 


    
                                 Rule 4.5 Jury
                              Pre-Trial Procedure


(a)  Pre-Trial Hearings.  All cases scheduled for jury trial shall be set for
pre-trial hearing.  Pre-trial hearings shall be held prior to the jury trial.
The State or City Prosecutor, defense counsel and defendant shall attend the
pre-trial hearings.  If the defendant does not appear for the pre-trial
hearing, a warrant for the arrest of the defendant shall issue and the jury
trial date will be stricken unless a written waiver of pre-trial hearing has
been filed with the Court.  If the Prosecutor fails to appear at pre-trial
hearing, the Court may impose terms and other sanctions created by Court Rule
and State law.  Pre-trial hearing may be waived by filing a written stipulation
signed by both parties which states there are no pretrial motions and the case
will proceed to jury trial on the specified date.

 A defendant may also waive the first pre-trial hearing by filing a written
waiver and request to set the case over to the next regularly scheduled pre-
trial or motion calendar.  A written motion must be filed on any issues to be
argued at the second or third pre-trial or motion calendar.

(b)  Motions.  Pre-Trial motions shall be made at the time of the pre-trial
hearing.  Motions shall not be considered at the time of trial unless they
could not have been raised at the time of pre-trial hearing or the Judge at the
time of the pre-trial hearing expressly continues such motions to the time of
trial.  Absent good cause, motions for dismissal or suppression of evidence in
criminal cases shall be in writing and shall be provided to the Prosecutor or
City Attorney at least 48 hours before the pre-trial hearing.  Dispositions and
bench trials will not be heard on the date set for jury trial.  Lengthy motions
or motions requiring witnesses to be subpoenaed will be specially set by the court.
    

 


    
                                   Rule 4.8
                                   Subpoenas


   (a) Issuance for Witnesses. The defendant and the prosecuting authority may
subpoena witnesses necessary to testify at a scheduled hearing or trial. The
subpoena may only be issued by a judge, court commissioner, clerk of the court,
or by a party's lawyer. If a party's lawyer issues a subpoena, a copy shall be
filed with the court. If the subpoena is for a witness outside the county, a
judge must approve of the subpoena.

      (1)   Both the prosecution and the Defendant are entitled to subpoena such
witnesses as are necessary.  Subpoenas may be issued by the attorney of record
of the party to the action on whose behalf the witness is required to appear,
and the form of such subpoena in each case shall be the same as when issued by
the Court except that it shall only be subscribed by the signature of such attorney.

      (2) When so required by the Court, or requested by opposing counsel, the
attorney of record whose signature is subscribed to the subpoena, shall show to
the satisfaction of the Court the materiality of the testimony which is
expected to be obtained from such witnesses.

   (c) Service. A subpoena may be directed for service within their jurisdiction
to the sheriff of any county or to any peace officer of any municipality in
which the witness may be, or it may be served as provided in CRLJ 45(c), or it
may be served by first-class mail, postage prepaid, sent to the witness' last
known address. Service by mail shall be deemed complete upon the third day
following the day upon which the subpoena was placed in the mail.

   (d) Proof of Service.

      (1) When personal service is made by someone other than a sheriff or peace
officer, proof shall be by affidavit or by certification under
RCW 9A.72.085 or any law amendatory thereof.

      (2) Proof of service by mail may be by affidavit or certification, under RCW
9A.72.085 or any law amendatory thereof, of the person who mailed the papers,
or by written acknowledgment of service.
    

 


    
                                   Rule 6.13
                                   Evidence


(1)  Filing Certificate by Maintenance Operator.   An employee of the
Washington State Patrol Crime Laboratory who has examined, tested and verified
the calibration of a BAC Verifier shall file a Certificate for each BAC
Verifier in the County with this Court as soon as is practicable following an
examination and test of such instrument.

(2)  Machine Not Working Properly/Certificate of Technician.  If the technician
determines that a Breathalyzer machine or a BAC Verifier Data Master instrument
is not in proper working order at the time of examination, the technician shall
delete the last paragraph from the appropriate certificate form set forth in
section (c)(1) of this rule and shall certify substantially in the following form:


I further certify that said machine was not in proper working order on
__________ (date) at __________M.

    I further certify that I repaired or corrected said machine as required on
__________ (date) and as of that date at __________M. said machine was again in
proper working order (and that the chemicals in ampoules with the above control
number are suitable for use in this machine.) (Cross out bracketed language if
not applicable.)

Dated: _________________________________   _______________________________________
                                                            Technician

(4) Certificate as Evidence-Judicial Notice of Filing.  At the time of trial
the Court may take judicial notice of all Certificates filed in the BAC
Verifier Certificate Book without specific mention or offer of the relevant
Certificates by the Prosecutor, Defendant, or his attorney.
    

 


    
                                   Rule 7.2
                                  Sentencing


Conditions and Payment.  Any deferred or suspended sentence in which the
defendant is ordered to pay a fine, restitution, court cost, or attorney fees,
shall, unless other specific provision is made by the Court, include by
reference the following provision:

(1) Time Payments.  Regular monthly payments may be required if the fine is
not paid in full at sentencing until all fines, penalties, fees and costs are
paid.  Unless otherwise specified by the Court, all fine payments, costs, fees,
and restitution paid through the Court shall be scheduled to be paid on a set
date each month.  Each payment agreement shall include a statement that the
account will be referred to a collection agency if payment is not received by
due date and the defendant will be liable for any and all costs.  Upon finding
that such payment is delinquent, the Clerk shall mail the Defendant a
delinquent payment notice.  If payment is not received within 30 days, then the
matter is turned over to collection and Department of Licensing is notified of
Defendant's failure to respond.

(2) Collection Process/Costs.  If a Defendant fails to make all payments as
directed or otherwise fails to respond to the Court within 30 days after the
date of a delinquency notice, the delinquent account will be referred to a
collection agency pursuant to RCW 3.02.045.  The amount agreed to between the
Court and the collection agency as remuneration for services will be assessed
as cost and added to the judgment.

(3) Attorney Fee/Reimbursement.  Upon motion of the Plaintiff, the Court will
evaluate the financial status of Defendants represented by
appointed counsel.  Those Defendants found by the Court to be financially able
at the time of sentencing to reimburse the City or County for
all or a portion of attorney fees will be ordered by the Court to make
reimbursement.  Unless otherwise ordered by the Court, such reimbursement shall
be made within 90 days of sentencing.

(4) Probation Fees.  Pursuant to RCW 10.64.120, a defendant may be required to
pay a fee for probation services.

(5) Revocation of Probation/Hearing.
Revocation of a deferred or suspended sentence for nonpayment of fines, costs,
attorney fees or probation fees or a finding of contempt pursuant to RCW
10.01.180 shall occur only after a hearing and upon such a finding by the Court
that the defendant has willfully failed to make such payments while having the
financial ability to do so or has willfully failed to make a good faith
reasonable effort to acquire a means to make such payments.  Further, the Court
should consider whether alternative means of payment through time payments or
performance of community service has been available to the Defendant, prior to
imposition of a jail sentence.

(6) Petition to Modify.   The Defendant may, at any time, petition to the
Court to adjust the amount of any payment established in accordance with this
Rule, due to his or her changed financial position or to relieve undue hardship
to the Defendant and his or her family.
    

 


    
                                   Rule 8.2
                                   Motions


Notation for hearing.  Motions may be noted on the Court's docket by delivery
of a written Note for Motion Docket.  Counsel shall indicate on the document
whether the motion will require live testimony and the estimated time for
disposition.  Motions requiring ten minutes or less will be given preference on
the motion docket.
    

 


    
                                   Rule 2.4
                              Response to Notice


Any person who has been served with a notice of infraction and who desires to
use option (1) as provided in IRLJ 2.4(b)(1), may arrange time payments on the
monetary penalty according to the policy then in force when the infraction is
filed.  A fee shall be assessed at the time of establishing a time payment
agreement, as a non-refundable cost for usage of the service.  A minimum
payment of $25.00 is required each month.
    

 


    
                                   Rule 2.6
                       Infraction Pre-Hearing Conference


   (a) Pre-hearing Conference Required - Waiver.  A defendant charged with an
infraction who requests a hearing to contest the infraction shall first appear
at a pre-hearing conference, in which motions, not witnesses will be heard.
The pre-hearing conference shall be scheduled in accordance with the provisions
of IRLJ 2.6(a)(1)(i).  If the defendant does not intend to bring any pre-
hearing motion, the requirement that the defendant appear at the pre-hearing
conference may be waived by the defendant in writing; provided the waiver is
received by the court before the time set for the pre-hearing conference.  If
the defendant does not appear for the pre-hearing he is deemed to have waived
his right to bring any pre-hearing motions, and the infraction will be set on
the next contested hearing date. In waiving the pre-hearing conference, the
defendant shall complete a waiver form approved by the court.  In the event
that the defendant submits a waiver in a form other than that approved by the
court, said waiver shall be ineffective unless it is in substantial compliance
with the same format hereinafter set forth.

      (ii) Setting Contested Hearing.  If the infractions are not resolved following
the pre-hearing conference, a contested hearing shall be scheduled for not more
than ninety (90) days from the date of the prehearing conference.  If the pre-
hearing conference is waived, a contested hearing shall be scheduled for not
more than ninety (90) days from the date the waiver of the pre-hearing
conference is received by the court.

      (iii) Pre-hearing Motions For Contested Infractions "Written Notice Required"
Time Limits For Oral Argument. All motions, including the cited authority(s),
to exclude evidence or dismiss an infraction shall be filed no later than the
conclusion of the pre-hearing conference.  If a defendant elects to waive his
or her appearance at the pre-hearing conference, any motion, including the
cited authority, must be noted on the waiver form filed with the court pursuant
to IRLJ 2.6(a).  Any motion(s) not timely filed shall be waived and shall not
be considered by the court.

All motions timely noted shall be addressed by the court at the time of the
contested hearing.  Unless otherwise ordered by the court, parties shall have a
total of ten (10) minutes each to argue and/or respond to motions before the
court.  Any argument in support of, or in response to, motions before the court
that will require more than ten (10) minutes to present shall be submitted in
brief form.
    

 


    
                                   Rule 3.1
                 Contested Hearings - Preliminary Proceedings


   (a) Subpoena. The defendant and the plaintiff may subpoena witnesses necessary
for the presentation of their respective cases.  Subpoena requests must be
filed with the court at least fourteen (14) days prior to the contested hearing
and witnesses should be served at least 7 days before the hearing. The subpoena
may be issued by a judge, court commissioner, or clerk of the court or by a
party's lawyer. If a party's lawyer issues a subpoena, a copy shall be filed
with the court and with the office of the prosecuting authority assigned to the
court in which the infraction is filed on the same day it is sent out for
service. A request that an officer appear at a contested hearing pursuant to
rule 3.3(c) shall be filed on a separate pleading. A subpoena may be directed
for service within their jurisdiction to the sheriff of any county or any peace
officer of any municipality in the state in which the witness may be or  it
may  be  served  as  provided  in CR45(c), or it may be served by first-class
mail, postage prepaid, sent to the witnesses' last known address. Service by
mail shall be deemed complete upon the third day following the day upon which
the subpoena was placed in the mail. If the subpoena is for a witness outside
the county, a judge must approve of the subpoena.

   (b) If the defendant who requests a hearing to contest the determination that
an infraction was committed has a criminal charge pending, and said criminal
charge arises out of the same occurrence as the infraction, the hearing on the
infraction may be heard at the same time as the trial on the criminal charge at
the request of the defendant, the City Attorney, County Attorney, or the court
as authorized by the Infraction Rules for Courts of Limited Jurisdiction.
    

 


    
                                   Rule 3.3
                        Procedure at Contested Hearing


   (b) Plaintiff Witness-Representation by Lawyer.  In contested traffic
infraction hearings the Plaintiff shall be represented by a lawyer
representative of the Prosecuting Attorney or City Attorney in all contested
hearings where witnesses have been subpoenaed, or discovery requested, and
where the Defendant is represented by a lawyer.
    

 


    
                                   Rule 3.5
                               Hearings via Mail


   (a) Contested Hearings. Upon receipt of a request for contested hearing, the
Court shall set the matter for hearing and send the Defendant a letter and the
appropriate forms.  The Defendant shall return the completed declaration to the
Court.  Upon receipt of the completed declaration the hearing will be
cancelled.  The Declaration contesting an infraction must certify or declare
under penalty of perjury under the laws of the State of Washington that the
statement is true and correct. The Declaration must also contain a statement
that if it is determined that the respondent committed the infraction, the
respondent promises to pay the monetary penalty authorized by law and assessed
by the court. Any witness statement submitted by the Defendant contesting the
infraction must also be sworn.  The Court shall review the officer's sworn
statement and declarations submitted by the defendant. The examination may be
held in Chambers and shall not be governed by the rules of evidence.  The Court
will then determine whether the plaintiff has proved by a preponderance of
evidence whether it is more likely than not that the defendant has committed
the infraction and render its decision and/or what penalty, if any, was
imposed, by mail.

If the defendant chooses to contest by mail, he or she will not be entitled to
an appeal. The Court must receive declarations no later than seven (7) days
prior to the scheduled hearing time or they will not be considered.


DISTRICT COURT, STATE OF WASHINGTON, ADAMS COUNTY

STATE OF WASHINGTON,               )
CITY OF RITZVILLE,                 )
                                   )
_____________________              )    DECLARATION OF:
         Plaintiff,                )
                                   )    Infraction No.
         vs.                       )
                                   )
_____________________              )
         Defendant.                )
________________________________   )

MY SWORN STATEMENT IS AS FOLLOWS:  (Use reverse side if necessary)


I certify (or declare) under penalty of perjury under the laws of the State of
Washington that the foregoing is true and correct.

I promise that if it is determined that I committed the infraction for which I
was cited, I will pay the monetary penalty authorized by law and assessed by
the Court.

Dated this _____ day of _________________, 20 _____, at
_________________(City), ________________(County), __________________________(State).


                              __________________________________
                                          Defendant



(b) Mitigated Hearings.  A defendant requesting a reduction of a civil
infraction penalty may have such determination based on his or her prior record
and/or on other relevant information available to the Court without an
explanation of the event cited.

If the defendant chooses a mitigation hearing by mail, he or she will not be
entitled to an appeal.

(c) Deferred Findings.

The court may defer findings regarding traffic infractions for up to one year
pursuant to RCW 46.63.070(5)(a).

(1)  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 non-moving violations.

(2) Conditions. For both moving and non-moving violations a person who is the
holder of an active commercial driver's license may not receive a deferral
under this section.  The conditions shall include payment of an administrative fee.

(3)  Administrative Fee Schedule.

Original Amount of infraction

$1.00 - $115.00          add  $25.00
$116.00 -$215.00         add  $50.00
$216.00 -$315.00         add  $75.00
$316.00 and up           add  $100.00

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

(5) A petition for a deferred finding which is denied by the Court will be
treated as a request for a mitigation hearing.

(6) Failure to comply with any conditions, will result in the infraction being
found committed and reported to the Department of Licensing.
    

 


    
                                   Rule 4.2
                    Failure to Pay for Traffic Infraction.


Defendants who owe penalties on traffic infractions must report to the
cashier/clerk immediately after leaving the courtroom to make payment arrangements.
Failure to do so may be considered a failure to pay.
The Court may assess the appropriate penalty for failure to pay or appear, and
may rescind any reduction in the penalty imposed.  The court reserves the right
to assign the account to a third party agency for the collection of the
penalties, fines, and costs owed.
    

 


    
                                   Rule 6.2
                   Monetary Penalty Schedule for Infractions


   (b)  Unscheduled Infractions.

       (1) Mandatory Liability Insurance Violations-Proof of Insurance.  If a
defendant who is charged with driving a motor vehicle without having proof of
valid insurance pursuant to RCW 46.30, and that defendant presents satisfactory
evidence that they have obtained valid insurance to the Clerk of the Court
within 15 days of the date of the citation, for the vehicle the defendant was
operating on the day he/she was cited, then the bail for the offense shall be reduced.

If the defendant presents satisfactory evidence of valid insurance being in
effect at the time the citation was issued, for the vehicle the defendant was
operating, within 15 days of the date of the citation, then the offense shall
be dismissed upon payment of the $25 administrative fee.

       (2)  No Valid Operators License - Show  License.  If a defendant is charged
with the infraction of driving a motor vehicle without having a valid driver's
license issued to Washington residents pursuant to RCW 46.20.015, and that
defendant presents a valid license or satisfactory evidence that the defendant
has obtained a valid driver's license to the court clerk, then the bail for the
offense shall be reduced and the defendant will be entitled to post and forfeit
that penalty without the need to appear in court on that charge.

       (3)  Expired Vehicle License.  If a person charged with the violation of RCW
46.16.010.3.L (Expired Vehicle Registration Less than Two Months) or RCW
46.16.010.3.O (Expired Vehicle Registration Over Two Months) is able to provide
proof prior to any scheduled hearing the person has subsequently obtained a
valid registration then the penalty shall be reduced and a finding of committed entered.


       (4)  Double Base Penalty.  The base penalty for violations of RCW 46.61.440
(speeding in a school or playground zone) and RCW 46.61.527 (speeding in a
construction zone) shall be determined by doubling the base penalty for
Speeding as provided in IRLJ 6.2(d)(1) now in existence or as hereafter amended
by the Supreme Court.
    

 


    
                                   Rule 6.6
         Speed Measuring Device: Design and Construction Certification


   (b) Speed Measuring Device Certifications.  Any certificate, affidavit, or
foundation evidentiary document allowed or required by IRLJ 6.6 can be filed
with the Clerk of the Court and maintained by the court as a public record.
The records will be available for inspection by the public.  Copies will be
provided on request, subject to a charge for any allowable copying fees.

Speed measuring device certification documents can be obtained from the court
clerk during normal business hours prior to a contested hearing. Speed
measuring device certifications are not subject to discovery

   (c) Request for Speed Measuring Device (SMD) Expert.  Defense request to
produce an electronic or laser SMD expert pursuant to IRLJ 6.6(e) for a
contested hearing shall be contained in a separate document clearly designated
as a request for a SMD expert, served on the prosecuting authority with a
conformed copy filed with the Clerk of the Court. If the charging law
enforcement agency's SMD expert maintains a schedule for monthly appearances in
the Ritzville District Court for Adams County, a request for a SMD expert shall
be deemed by the court to be a request to set (or re-set) the hearing to a day
scheduled for the agency's SMD expert.

      (1) The Party filing the above demand shall specifically call it to the Court
Clerk's attention so the case will be set on the appropriate  SMD expert's
trial date so as to avoid a continuance under IRLJ 6.6(c).

In the absence of proof of a request to produce an electronic speed measuring
device (SMD) expert, a certificate in substantially the form provided under
CrRLJ 6.13, IRLJ 6.6 is admissible in lieu of an expert witness in any court
proceeding in which the design and construction of an electronic speed
measuring device (SMD) is an issue.
    

 


 SUMMONS

The contents of this item are only available on-line.


 MOTION, CERTIFICATION, ORDER AND JUDGMENT FOR DEFAULT

The contents of this item are only available on-line.


 AGREEMENT TO PROCEED BY VIDEO CONFERENCE

The contents of this item are only available on-line.


 STATEMENT OF DEFENDANT ON PLEA OF GUILTY

The contents of this item are only available on-line.


 PETITION FOR DEFERRED PROSECUTION (DPPF)

The contents of this item are only available on-line.


 DEFERRED PROSECUTION FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

The contents of this item are only available on-line.


 WAIVER OF PRE-HEARING

The contents of this item are only available on-line.


 DECLARATION

The contents of this item are only available on-line.


 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices