PART I
RULES OF GENERAL APPLICATION
GENERAL RULES (GR)
TABLE OF RULES
Rule
1 Classification System for Court Rules
2 Holidays
3 Filings and Hearings--Time Extended
3.1 Service and Filing by an Inmate Confined in an Institution
4 Law Librarian
5 Audits
6 Sessions of Courts
7 Local Rules--Filing and Effective Date
8 Reserved, Chapter 136, Laws 2002
9 Supreme Court Rulemaking Procedure
10 Ethics Advisory Committee Regarding Advisory Opinions on Judicial Conduct
11 Court Interpreters
11.1 Purpose and Scope of Interpreter Commission
11.2 Code of Conduct for Court Interpreters
11.3 Telephonic Interpretation
12.1 Washington State Bar Association: Purposes
12.2 Washington State Bar Association Administration of Supreme Court-Created Boards and Committees
12.3 Immunity
13 Use of Unsworn Statement in Lieu of Affidavit
14 Format for Pleadings and Other Papers
14 Appendix 1 - Office of Reporter of Decisions Style Sheet
15 Destruction and Sealing of Court Records
16 Courtroom Photography and Recording by the News Media
17 Facsimile Transmission
18 Jury Source List
19 Video Conference Proceedings
20 Security in Handling Court Exhibits
21 Emergency Court Closure
22 Access to Family Law Court Records
23 Rule for Certifying Professional Guardians
24 Definition of the Practice of Law
25 Practice of Law Board
26 Mandatory Continuing Judicial Education
27 Family Law Courthouse Facilitators
28 Jury Service Postponement, Excusal, and Disqualification
29 Presiding Judge in Superior Court District and Limited Jurisdiction Court District
30 Electronic Filing
32 Court Performance Audits
RULE 1
CLASSIFICATION SYSTEM FOR COURT RULES
PART I: RULES OF GENERAL APPLICATION
General Rules GR
Code of Judicial Conduct CJC
Discipline Rules for Judges DRJ
Board for Judicial Administration Rules BJAR
Admission to Practice Rules APR
Rules of Professional Conduct RPC
Rules for Enforcement of Lawyer Conduct ELC
Judicial Information System Committee Rules JISCR
Rules of Evidence ER
PART II: RULES FOR APPELLATE COURT ADMINISTRATION
Supreme Court Administrative Rules SAR
Court of Appeals Administrative Rules CAR
PART III: RULES ON APPEAL
Rules of Appellate Procedure RAP
PART IV: RULES FOR SUPERIOR COURT
Superior Court Administrative Rules AR
Superior Court Civil Rules CR
Superior Court Mandatory Arbitration Rules MAR
Superior Court Special Proceedings Rules SPR
Superior Court Guardian ad Litem Rules GALR
Superior Court Criminal Rules CrR
Superior Court Special Proceeding Rules – Criminal SPCR
Superior Court Mental Proceedings Rules MPR
Juvenile Court Rules JuCR
PART V: RULES FOR COURTS OF LIMITED JURISDICTION
Administrative Rules for Courts of Limited Jurisdiction ARLJ
Rules for Appeal of Decisions of Courts of Limited Jurisdiction RALJ
Civil Rules for Courts of Limited Jurisdiction CRLJ
Criminal Rules for Courts of Limited Jurisdiction CrRLJ
Infraction Rules for Courts of Limited Jurisdiction IRLJ
[Amended January 1, 1974; July 1, 1974; July 1, 1976;
September 24, 1976; April 2, 1979; January 1, 1981; May 14, 1982;
January 21, 1983; amended effective September 1, 1985;
December 8, 1986; September 1, 1987; September 1, 1989;
September 1, 1992; March 9,1999;
amended effective November 27, 2001; October 1, 2002.]
RULE 2
HOLIDAYS
(a) In event any legal holiday falls on Saturday all the courts of the
state shall be closed on the preceding day (Friday).
(b) In event any legal holiday falls on Sunday all the courts of the
state shall be closed on the following day (Monday).
(c) All clerk's offices shall likewise be closed on such days.
[Adopted effective February 3, 1977.]
GR 3
FILINGS AND HEARINGS--TIME EXTENDED
In event the last day for filing any document, having any hearing or
for doing any other thing or matter in any court shall fall upon a day
when such court shall be closed according to rule 2 or rule 21, then and
in that event the time for such filing, hearing, or other thing or matter
shall be extended until the end of the next business day upon which such
court shall be open for business. Notwithstanding this rule, extensions
of time for trial are governed by CrR 3.3(d)(8) and CrRLJ 3.3(d)(8).
[Adopted effective February 3, 1977; amended effective October 19, 1999.]
RULE GR 3.1
Service and Filing by an Inmate Confined in an Institution
(a) If an inmate confined in an institution files a document in any
proceeding, the document is timely filed if deposited in the institution's
internal mail system within the time permitted for filing.
(b) Whenever service of a document on a party is permitted to be made by
mail, the document is deemed "mailed" at the time of deposit in the
institution's internal mail system addressed to the parties on whom the
document is being served.
(c) If an institution has a system designed for legal mail, the inmate
must use that system to receive the benefit of this rule. Timely filing or
mailing may be shown by a declaration or notarized affidavit in form
substantially as follows:
DECLARATION
I, [name of inmate], declare that, on [date], I deposited the
foregoing [name of document], or a copy thereof, in the internal
mail system of [name of institution] and made arrangements for
postage, addressed to:
[name and address of court or other place of filing];
[name and address of parties or attorneys to be served].
I declare under penalty of perjury under the laws of the State
of Washington that the foregoing is true and correct.
DATED at [city, state] on [date].
___________________________
[signature]
(d) Whenever a party has the right or is required to do some act or take
some proceedings within a prescribed period after filing or service of a
document, and if an inmate files or serves the document under this rule,
that period shall begin to run on the date the document is received by the party.
[Adopted effective September 1, 2006.]
RULE 4
LAW LIBRARIAN
The time and manner of observing holidays by the Law Library on days
herein designated and on days immediately before and/or after such days
shall be subject to the direction of the State Law Librarian.
[Adopted effective February 3, 1977.]
RULE 5
AUDITS
The judicial branch of the government of the State of Washington is a
separate and co-equal division of said state government. The funds for
operation of the judicial branch and many funds which pass through the
courts are public funds of the state and/or of various subdivisions,
agencies, or municipalities of the state. Every court in this state must,
upon demand, submit all financial records of such court to the State
Auditor or his agents for inspection and audit, as to all funds received,
disbursed, or in possession of said court.
[Adopted effective February 8, 1977.]
RULE 6
SESSIONS OF COURTS
(a) Sessions of the Supreme Court shall be held in accordance with SAR
4.
(b) Sessions of the Court of Appeals shall be held in accordance with
CAR 4.
(c) Sessions of the Superior Court shall be held in accordance with CR
77(f).
[Adopted effective January 30, 1978.]
RULE GR 7
LOCAL RULES--FILING AND EFFECTIVE DATE
(a) Generally. Fifty copies of rules of court authorized
by law to be adopted or amended by courts other than the
Supreme Court must be filed with the state Administrator for
the Courts. New proposed rules and amendments must be filed
on or before July 1, to be effective September 1 of the same
year. Promulgation or amendment of rules that describe only
the structure, internal management and organization of the
court but do not affect courtroom procedures are not
governed by the time limitations above.
(b) Form. All local rules shall be consistent with rules
adopted by the Supreme Court, and shall conform in numbering
system and in format to these rules to facilitate their use.
Each rule and amendment filed shall state its effective date
in brackets following the rule. Prior to adopting a local
rule, the court may informally submit a copy of its local
rule to the Administrative Office of the Courts for comments
as to its conformity in number and format to the Official
Rules of Court, and suggestions with reference thereto.
(c) Distribution. On or before September 1 of each year,
the Administrator for the Courts shall distribute all local
rules, and amendments thereto, to the state law library, the
libraries of the three divisions of the Court of Appeals,
all county law libraries, Washington law school libraries,
and to such other places as are deemed appropriate by the
Administrative Office of the Courts.
(d) Availability of Local Rules; The clerk of the court
adopting the rules shall maintain a complete set of current
local rules, which shall be available for inspection and
copying.
(e) Emergency Rules.
(1) In the event a court other than the Supreme Court
deems that an emergency exists which requires a change in
its rules, such court shall, in addition to filing the rules
or amendments as provided in section (a), distribute them to
all county law libraries.
(2) A rule or amendment adopted on an emergency basis
shall become effective immediately on filing with the
Administrator for the Courts. The rule or amendment shall
remain effective for a period of 90 days after filing,
unless readopted in accordance with section (e)(1) or
submitted as a permanent rule or amendment under section (a)
within the 90-day period.
(f) Filing Local Rules Electronically. The Administrator
for the Courts shall establish the specifications necessary
for a court to file its local court rules electronically.
[Adopted effective January 1, 1981; amended effective
September 1, 1991; March 19, 1993; November 25, 2003.]
GR 8
RESERVED, CHAPTER 136, LAWS 2002
[Repeal effective January 1, 2003.]
RULE GR 9
SUPREME COURT RULEMAKING
(a) Statement of Purpose. The purpose of rules of court is to provide
necessary governance of court procedure and practice and to promote justice by
ensuring a fair and expeditious process. In promulgating rules of court, the
Washington Supreme Court seeks to ensure that:
(1) The adoption and amendment of rules proceed in an orderly and uniform manner;
(2) All interested persons and groups receive notice and an opportunity to
express views regarding proposed rules;
(3) There is adequate notice of the adoption and effective date of new and
revised rules;
(4) Proposed rules are necessary statewide;
(5) Minimal disruption in court practice occurs, by limiting the frequency
of rule changes; and
(6) Rules of court are clear and definite in application.
(b) Definitions. As used in this rule, the following terms have these meanings:
(1) "Suggested rule" means a request for a rule change or a new rule that
has been submitted to the Supreme Court.
(2) "Proposed rule" means a suggested rule that the Supreme Court has
ordered published for public comment.
(c) Request for Notification. Any person or group may file a request with
the Supreme Court to receive notice of a suggested rule. The request may be
limited to certain kinds of rule changes. The request shall state the name and
address of the person or group to whom the suggested rule is to be sent. Once
filed, the request shall remain in effect until withdrawn or unless notice sent
by regular, first-class U.S. mail is returned for lack of a valid address.
(d) Initiation of Rules Changes. Any person or group may submit to the
Supreme Court a request to adopt, amend, or repeal a court rule. The Supreme
Court shall determine whether the request is clearly stated and in the form
required by section (e) of this rule. If the Supreme Court determines that a
request is unclear or does not comply with section (e), the Supreme Court may
(1) accept the request notwithstanding its noncompliance, (2) ask the proponent
to resubmit the request in the proper format, or (3) reject the request, with
or without a written notice of the reason or reasons for such rejection.
(e) Form for Submitting a Request to Change Rules
(1) The text of all suggested rules should be submitted on 8 1/2 - by
11-inch line-numbered paper with consecutive page numbering and in an
electronic form as may be specified by the Supreme Court. If the suggested rule
affects an existing rule, deleted portions should be shown and stricken
through; new portions should be underlined once.
(2) A suggested rule should be accompanied by a cover sheet and not more
than 25 pages of supporting information, including letters, memoranda, minutes
of meetings, research studies, or the like. The cover sheet should contain the following:
(A) Name of Proponent - the name of the person or group requesting the rule change;
(B) Spokesperson - a designation of the person who is knowledgeable about the
proposed rule and who can provide additional information;
(C) Purpose - the reason or necessity for the suggested rule, including whether
it creates or resolves any conflicts with statutes, case law, or other court rules;
(D) Hearing - whether the proponent believes a public hearing is needed and, if so, why;
(E) Expedited Consideration - whether the proponent believes that exceptional
circumstances justify expedited consideration of the suggested rule,
notwithstanding the schedule set forth in section (i).
(f) Consideration of Suggested Rule by Supreme Court.
(1) The Supreme Court shall initially determine whether a suggested rule
has merit and whether it involves a significant or merely technical change. A
"technical change" is one which corrects a clerical mistake or an error arising
from oversight or omission. The Supreme Court shall also initially determine
whether the suggested rule should be considered under the schedule provided for
in section (i) or should receive expedited consideration for the reason or
reasons to be set forth in the transmittal form provided for in section (f)(2).
The Supreme Court may consult with other persons or groups, in making this
initial determination.
(2) After making its initial determinations, the Supreme Court shall
forward each suggested rule, except those deemed "without merit", along with a
transmittal form setting forth such determinations, to the Washington State Bar
Association, the Superior Court Judges Association, the District and Municipal
Court Judges Association, and the Chief Presiding Judge of the Court of Appeals
for their consideration. The transmittal shall include the cover sheet and any
additional information provided by the proponent. The Supreme Court shall also
forward the suggested rule and cover sheet to any person or group that has
filed a notice pursuant to section (c), and to any other person or group the
Supreme Court believes may be interested. The transmittal form shall specify a
deadline by which the recipients may comment in advance of any determination
under section (f)(3) of this rule. If the Supreme Court determines that the
suggested rule should receive expedited consideration, it shall so indicate on
the transmittal form. The form may contain a brief statement of the reason or
reasons for such consideration.
(3) After the expiration of the deadline set forth in the transmittal form,
the Supreme Court may reject the suggested rule, adopt a merely technical
change without public comment, or order the suggested rule published for public comment.
(g) Publication for Comment.
(1) A proposed rule shall be published for public comment in such media of
mass communication as the Supreme Court deems appropriate, including, but not
limited to, the Washington Reports Advance Sheets and the Washington State
Register. The proposed rule shall also be posted on such Internet sites as the
Supreme Court may determine, including those of the Supreme Court and the
Washington State Bar Association. The purpose statement required by section
(e)(2)(C) shall be published along with the proposed rule. Publication of a
proposed rule shall be announced in the Washington State Bar News.
(2) Publication of a proposed rule in the Washington State Register shall not
subject Supreme Court rulemaking to the provisions of the Administrative Procedures Act.
(3) All comments on a proposed rule shall be submitted in writing to the
Supreme Court by the deadline set forth in section (i).
(4) If a comment includes a suggested rule, it should be in the format set
forth in section (e). All comments received will be kept on file in the office
of the Clerk of the Supreme Court for public inspection and copying.
(h) Final Action by the Supreme Court, Publication, and Effective Date.
(1) After considering a suggested rule, or after considering any comments
or written or oral testimony received regarding a proposed rule, the Supreme
Court may adopt, amend, or reject the rule change or take such other action as
the Supreme Court deems appropriate.
Prior to action by the Supreme Court, the court may, in its discretion,
hold a hearing on a proposed rule at a time and in a manner defined by the
court. If the Supreme Court orders a hearing, it shall set the time and place
of the hearing and determine the manner in which the hearing will be conducted.
The Supreme Court may also designate an individual or committee to conduct the hearing.
(2) Regarding action on a suggested rule:
(A) If the Supreme Court rejects the suggested rule, it may provide the
proponent with the reason or reasons for such rejection.
(B) If the Supreme Court adopts the suggested rule without public comment,
it shall publish the rule and may set forth the reason or reasons for such adoption.
(3) Regarding action on a proposed rule:
(A) If the Supreme Court rejects a proposed rule, it may publish its reason
or reasons for such rejection.
(B) If the Supreme Court adopts a proposed rule, it may publish the rule
along with the purpose statement from the cover sheet.
(C) If the Supreme Court amends and then adopts a proposed rule, it should
publish the rule as amended along with a revised purpose statement.
(4) All adopted rules, or other final action by the Supreme Court for which
this rule requires publication, shall be published in a July edition of the
Washington Reports advance sheets and in the Washington State Register
immediately after such action. The adopted rules or other Supreme Court final
action shall also be posted on the Internet sites of the Supreme Court and the
Washington State Bar Association. An announcement of such publication shall be
made in the Washington State Bar News.
(5) All adopted rules shall become effective as provided in section (i)
unless the Supreme Court determines that a different effective date is necessary.
(i) Schedule for Review and Adoption of Rules.
(1) In order to be published for comment in January, as provided in section (i) (2),
a suggested rule must be received no later than October 15 of the preceding year.
(2) Proposed rules shall be published for comment in January of each year.
(3) Comments must be received by April 30 of the year in which the proposed
rule is published.
(4) Proposed rules published in January and adopted by the Supreme Court
shall be republished in July and shall take effect the following September 1.
(5) All suggested rules will be considered pursuant to the schedule set
forth in this section, unless the Supreme Court determines that exceptional
circumstances justify more immediate action.
(6) The Supreme Court, in consultation with the Washington State Bar
Association, the Superior Court Judges Association, the District and Municipal
Court Judges Association, and the Chief Presiding Judge of the Court of
Appeals, shall develop a schedule for the periodic review of particular court
rules. The schedule shall be posted on such Internet sites as the Supreme
Court may determine, including those of the Supreme Court and the Washington
State Bar Association.
(j) Miscellaneous Provisions.
(1) The Supreme Court may adopt, amend, or rescind a rule, or take any
emergency action with respect to a rule without following the procedures set
forth in this rule. Upon taking such action or upon adopting a rule outside of
the schedule set forth in section (i) because of exceptional circumstances, the
Supreme Court shall publish the rule in accordance with sections (g) or (h) as applicable.
(2) This rule shall take effect on _________ and apply to all rules not yet
adopted by the Supreme Court by that date.
[Adopted effective March 19, 1982; amended effective September 1, 1984; September 1, 2000.]
RULE 10
ETHICS ADVISORY COMMITTEE REGARDING ADVISORY
OPINIONS ON JUDICIAL CONDUCT
(a) The Chief Justice shall appoint an Ethics Advisory Committee
consisting of seven members. Of the members first appointed, four shall be
appointed for 2 years, and three shall be appointed for 3 years.
Thereafter, appointments shall be for a 2-year term. One member shall be
appointed from the Court of Appeals, two members from the superior courts,
two members from the courts of limited jurisdiction, one member from the
Washington State Bar Association, and the Administrator for the Courts. The
Chief Justice shall designate one of the members as chairman. The committee
(1) is designated as the body to give advice with respect to the
application of the provisions of the Code of Judicial Conduct to officials
of the Judicial Branch as defined in article 4 of the Washington
Constitution and (2) shall from time to time submit to the Supreme Court
recommendations for necessary or advisable changes in the Code of Judicial
Conduct.
(b) Any judge may in writing request the opinion of the committee.
Compliance with an opinion issued by the committee shall be considered as
evidence of good faith by the Supreme Court.
(c) Every opinion issued pursuant to this rule shall be circulated by
the Administrator for the Courts. A request for an opinion is confidential
and not public information unless the Supreme Court otherwise directs. The
Administrator for the Courts shall publish regularly opinions issued
pursuant to this rule.
[Adopted effective September 1, 1983; amended effective
November 11, 1983; May 25, 1984.]
RULE 11
COURT INTERPRETERS
The use of qualified interpreters is authorized in judicial proceedings
involving hearing impaired or non-English speaking individuals.
[Adopted effective July 17, 1987.]
RULE 11.1
PURPOSE AND SCOPE OF INTERPRETER COMMISSION
(a) Purpose and Scope. This rule establishes the
Interpreter Commission ("Commission") and prescribes the
conditions of its activities. This rule does not modify or
duplicate the statutory process directing the Court
Certified Interpreter Program as it is administered by the
Administrative Office of the Courts (AOC) (RCW 2.43). The
Interpreter Commission will develop policies for the
Interpreter Program and the Program Policy Manual, published
on the Washington Court's website at www.courts.wa.gov,
which shall constitute the official version of policies
governing the Court Certified Interpreter Program.
(b) Jurisdiction and Powers. All certified court
interpreters who are certified in the state of Washington by
AOC are subject to rules and regulations specified in the
Interpreter Program Manual. The Commission shall establish
three committees to fulfill ongoing functions related to
issues, discipline, and judicial/court administration
education. Each committee shall consist of three Commission
members and one member shall be identified as the chair.
(1) The Issues Committee is assigned issues,
complaints, and/or requests from interpreters for
review and response. If the situation cannot be
resolved at the Issues Committee level, the matter will
be submitted by written referral to the Disciplinary Committee.
(2) The Disciplinary Committee has the authority to
decertify and deny certification of interpreters based
on the disciplinary procedures for: (a) violations of
continuing education/court hour requirements, (b)
failure to comply with Interpreter Code of Conduct (GR
11.2) or professional standards, or (3) violations of
law that may interfere with their duties as a certified
court interpreter. The Disciplinary Committee will
decide on appeal any issues submitted by the Issues Committee.
(3) The Judicial and Court Administration Education
Committee shall provide ongoing opportunities for
training and resources to judicial officers and court
administrators related to court interpretation improvement.
(c) Establishment. The Supreme Court shall appoint
members to the Interpreter Commission. The Supreme Court
shall designate the chair of the Commission. The Commission
shall include representatives from the following areas of
expertise: judicial officers from the appellate and each
trial court level (3), interpreter (2), court administrator
(1), attorney (1), public member (2), representative from
ethnic organization (1), and AOC representative (1). The
term for a member of the Commission shall be three years.
Members are eligible to serve a subsequent 3 year term. The
Commission shall consist of eleven members. Members shall
only serve on one committee and committees may be
supplemented by ad hoc professionals as designated by the
chair. Ad hoc members may not serve as the chair of a committee.
(d) Regulations. Policies outlining rules and
regulations directing the interpreter program are specified
in the Interpreter Program Manual. The Commission, through
the Issues Committee and Disciplinary Committee, shall
enforce the policies of the interpreter program.
Interpreter program policies may be modified at any time by
the Commission and AOC.
(e) Existing Law Unchanged. This rule shall not
expand, narrow, or otherwise affect existing law, including
but not limited to RCW chapter 2.43.
(f) Meetings. The Commission shall hold meetings as
determined necessary by the chair. Meetings of the
Commission are open to the public except for executive
sessions and disciplinary meetings related to action against
a certified interpreter.
(g) Immunity from Liability. No cause of action
against the Commission, its standing members or ad hoc
members appointed by the Commission, shall accrue in favor
of a certified court interpreter or any other person arising
from any act taken pursuant to this rule, provided that the
Commission members or ad hoc members acted in good faith.
The burden of proving that the acts were not taken in good
faith shall be on the party asserting it.
[Adopted effective September 1, 2005]
RULE 11.2
CODE OF CONDUCT FOR COURT INTERPRETERS
PREAMBLE. All language interpreters serving in a legal
proceeding, whether certified or uncertified, shall abide by the
following Code of Conduct:
A language interpreter who violates any of the provisions of
this code is subject to a citation for contempt, disciplinary
action or any other sanction that may be imposed by law. The
purpose of this Code of Conduct is to establish and maintain high
standards of conduct to preserve the integrity and independence
of the adjudicative system.
(a) A language interpreter, like an officer of the court,
shall maintain high standards of personal and professional
conduct that promote public confidence in the administration of justice.
(b) A language interpreter shall interpret or translate the
material thoroughly and precisely, adding or omitting nothing,
and stating as nearly as possible what has been stated in the
language of the speaker, giving consideration to variations in
grammar and syntax for both languages involved. A language
interpreter shall use the level of communication that best
conveys the meaning of the source, and shall not interject the
interpreters personal moods or attitudes.
(c) When a language interpreter has any reservation about
ability to satisfy an assignment competently, the interpreter
shall immediately convey that reservation to the parties and to
the court. If the communication mode or language of the
non-English speaking person cannot be readily interpreted, the
interpreter shall notify the appointing authority or the court.
(d) No language interpreter shall render services in any
matter in which the interpreter is a potential witness,
associate, friend, or relative of a contending party, unless a
specific exception is allowed by the appointing authority for
good cause noted on the record. Neither shall the interpreter
serve in any matter in which the interpreter has an interest,
financial or otherwise, in the outcome. Nor shall any language
interpreter serve in a matter where the interpreter has
participated in the choice of counsel.
(e) Except in the interpreters official capacity, no language
interpreter shall discuss, report, or comment upon a matter in
which the person serves as interpreter. Interpreters shall not
disclose any communication that is privileged by law without the
written consent of the parties to the communication, or pursuant
to court order.
(f) A language interpreter shall report immediately to the
appointing authority in the proceeding any solicitation or effort
by another to induce or encourage the interpreter to violate any
law, any provision of the rules which may be approved by the
courts for the practice of language interpreting, or any
provisions of this Code of Conduct.
(g) Language interpreters shall not give legal advice and
shall refrain from the unauthorized practice of law.
[Adopted effective November 17, 1989; September 1, 2005.]
GR 11.3
TELEPHONIC INTERPRETATION
(a) Interpreters may be appointed to serve by telephone for
brief, nonevidentiary proceedings, including initial appearances
and arraignments, when interpreters are not readily available to
the court. Telephone interpretation is not authorized for
evidentiary hearings.
(b) RCW 2.43 and GR 11.2 must be followed regarding the
interpreter's qualifications and other matters.
(c) Electronic equipment used during the hearing must ensure
that the non-English speaking party hears all statements made by
the participants. If electronic equipment is not available for
simultaneous interpreting, the hearing shall be conducted to
allow consecutive interpretation of each sentence.
(d) Attorney-client consultations must be interpreted confidentially.
(e) Written documents which would normally be orally
translated by the interpreter must be read aloud to allow full
oral translation of the material by the interpreter.
(f) An audio recording shall be made of all statements made
on the record during their interpretation, and the same shall be preserved.
[Adopted effective July 19, 1987; amended effective December 10,
1993; September 1, 1997; September 1, 2005.]
GR 12.1
WASHINGTON STATE BAR ASSOCIATION: PURPOSES
(a) Purposes: In General. In general, the Washington State Bar Association
strives to:
(1) Promote independence of the judiciary and the bar.
(2) Promote an effective legal system, accessible to all.
(3) Provide services to its members.
(4) Foster and maintain high standards of competence, professionalism,
and ethics among its members.
(5) Foster collegiality among its members and goodwill between the bar
and the public.
(6) Promote diversity and equality in the courts, the legal profession,
and the bar.
(7) Administer admissions to the bar and discipline of its members in a
manner that protects the public and respects the rights of the applicant or
member.
(8) Administer programs of legal education.
(9) Promote understanding of and respect for our legal system and the
law.
(10) Operate a well-managed and financially sound association, with a
positive work environment for its employees.
(11) Serve as a state-wide voice to the public and the branches of
government on matters relating to these purposes and the activities of the
association.
(b) Specific Activities Authorized. In pursuit of these purposes, the
Washington State Bar Association may:
(1) Sponsor and maintain committees, sections, and divisions whose
activities further these purposes;
(2) Support the judiciary in maintaining the integrity and fiscal
stability of an independent and effective judicial system;
(3) Provide periodic reviews and recommendations concerning court rules
and procedures;
(4) Administer examinations and review applicants' character and fitness
to practice law;
(5) Inform and advise lawyers regarding their ethical obligations;
(6) Administer an effective system of discipline of its members,
including receiving and investigating complaints of lawyer misconduct,
taking and recommending appropriate punitive and remedial measures, and
diverting less serious misconduct to alternatives outside the formal
discipline system;
(7) Maintain a program, pursuant to court rule, requiring members to
submit fee dispute to arbitration;
(8) Maintain a program for mediation of disputes between members and
their clients and others;
(9) Maintain a program for lawyer practice assistance;
(10) Sponsor, conduct, and assist in producing programs and products of
continuing legal education;
(11) Maintain a system for accrediting programs of continuing legal
education;
(12) Conduct audits of lawyers' trust accounts;
(13) Maintain a lawyers' fund for client protection in accordance with
the Admission to Practice Rules;
(14) Maintain a program for the aid and rehabilitation of impaired
members;
(15) Disseminate information about bar activities, interests, and
positions;
(16) Monitor, report on, and advise public officials about matters of
interest to the bar;
(17) Maintain a legislative presence to inform members of new and
proposed laws and to inform public officials about bar positions and
concerns;
(18) Encourage public service by members and support programs providing
legal services to those in need;
(19) Maintain and foster programs of public information and education
about the law and the legal system;
(20) Provide, sponsor and participate in services to its members;
(21) Hire and retain employees to facilitate and support its mission,
purposes, and activities, including in the bar's discretion, authorizing
collective bargaining;
(22) Collect, allocate, invest, and disburse funds so that its mission,
purposes and activities may be effectively and efficiently discharged.
(c) Activities Not Authorized. The Washington State Bar Association will
not:
(1) Take positions on issues concerning the politics or social positions
of foreign nations;
(2) Take positions on political or social issues which do not relate to
or affect the practice of law or the administration of justice;
(3) Support or oppose, in an election, candidates for public office.
[Adopted effective July 19, 1987; amended effective December 10, 1993;
September 1, 1997; September 1, 2007.]
GR 12.2
WASHINGTON STATE BAR ASSOCIATION ADMINISTRATION OF SUPREME COURT-CREATED
BOARDS AND COMMITTEES
The Supreme Court has delegated to the Washington State Bar Association
the authority and responsibility to administer certain boards and
committees established by court rule or order. This delegation of
authority includes providing and managing staff, overseeing the boards and
committees to monitor their compliance with the rules and orders that
authorize and regulate them, paying expenses reasonably and necessarily
incurred pursuant to a budget approved by the Board of Governors,
performing other functions and taking other actions as provided in court
rule or order or delegated by the Supreme Court, or taking other actions
as are necessary and proper to enable the board or committee to carry out
its duties or functions.
[Adopted effective September 1, 2007.]
GR 12.3
Immunity
All boards, committees, or other entities, and their members and personnel, and
all personnel and employees of the Washington State Bar Association, acting on
behalf of the Supreme Court under the Admission to Practice Rules, the rules
for Enforcement of Lawyer Conduct, and the Disciplinary Rules for Limited
Practice Officers, shall enjoy quasi-judicial immunity if the Supreme Court
would have immunity in performing the same functions.
Adopted effective January 2, 2008
RULE 13
USE OF UNSWORN STATEMENT IN LIEU
OF AFFIDAVIT
(a) Unsworn Statement Permitted. Except as provided in section
(b) whenever a matter is required or permitted to be supported or
proved by affidavit, the matter may be supported or proved by an unsworn
written statement, declaration, verification, or certificate executed in
accordance with RCW 9A.72.085. The certification or declaration may be in
substantially the following form:
I certify (or declare) under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct:
________________________________ _________________________________
(Date and Place) (Signature)
(b) Exceptions. This rule does not apply to writings requiring an
acknowledgment, oaths of office, or oaths required to be taken before a
special official other than a notary public.
[Adopted effective September 1, 1989.]
GR 14
FORMAT FOR PLEADINGS AND OTHER PAPERS
(a) Format Requirements. All pleadings, motions, and other papers filed with
the court shall be legibly written or printed. The use of letter-size paper
(8-1/2 by 11 inches) is mandatory. The writing or printing shall appear on only
one side of the page. The top margin of the first page shall be a minimum of
three inches, the bottom margin shall be a minimum of one inch and the side
margins shall be a minimum of one inch. All subsequent pages shall have a
minimum of one inch margins. Papers filed shall not include any colored pages,
highlighting or other colored markings. This rule applies to attachments
unless the nature of the attachment makes compliance impractical.
(b) Exception for Trial or Hearing Exhibits. This rule is not mandatory for
trial or hearing exhibits, but the use of trial or hearing exhibits that comply
with this rule is encouraged if it does not impair legibility.
(c) Application of Rule. This rule shall apply to all proceedings in all
courts of the State of Washington unless otherwise specifically indicated by
court rule.
(d) Citation Format. Citations shall conform with the format prescribed by
the Reporter of Decisions. (See Appendix 1.)
[Adopted effective September 1, 1990; amended effective April 1, 2001;
September 1, 2003; September 1, 2008.]
RULE 14.1.
Citation to Unpublished Opinions
(a) Washington Court of Appeals. A party may not cite as an
authority an unpublished opinion of the Court of Appeals.
Unpublished opinions of the Court of Appeals are those opinions
not published in the Washington Appellate Reports.
(b) Other Jurisdictions. A party may cite as an authority an
opinion designated "unpublished," "not for publication," "non-
precedential," "not precedent," or the like that has been issued
by any court from a jurisdiction other than Washington state,
only if citation to that opinion is permitted under the law of
the jurisdiction of the issuing court. The party citing the
opinion shall file and serve a copy of the opinion with the
brief or other paper in which the opinion is cited.
[Adopted effective September 1, 2007.]
14 GR 14 - APPENDIX 1 - OFFICE OF REPORTER OF DECISIONS STYLE SHEET The contents of this item are only available on-line.
RULE GR 15
DESTRUCTION, SEALING, AND REDACTION OF COURT RECORDS
(a) Purpose and Scope of the Rule. This rule sets forth a
uniform procedure for the destruction, sealing, and
redaction of court records. This rule applies to all court
records, regardless of the physical form of the court
record, the method of recording the court record, or the
method of storage of the court record.
(b) Definitions.
(1) "Court file" means the pleadings, orders, and other
papers filed with the clerk of the court under a single
or consolidated cause number(s).
(2) "Court record" is defined in GR 31(c)(4).
(3) Destroy. To destroy means to obliterate a court record
or file in such a way as to make it permanently
irretrievable. A motion or order to expunge shall be
treated as a motion or order to destroy.
(4) Seal. To seal means to protect from examination by the
public and unauthorized court personnel. A motion or
order to delete, purge, remove, excise, or erase, or
redact shall be treated as a motion or order to seal.
(5) Redact. To redact means to protect from examination by
the public and unauthorized court personnel a portion
or portions of a specified court record.
(6) Restricted Personal Identifiers are defined in GR
22(b)(6).
(7) Strike. A motion or order to strike is not a motion or
order to seal or destroy.
(8) Vacate. To vacate means to nullify or cancel.
(c) Sealing or Redacting Court Records.
(1) In a civil case, the court or any party may request a
hearing to seal or redact the court records. In a
criminal case or juvenile proceedings, the court, any
party, or any interested person may request a hearing
to seal or redact the court records. Reasonable notice
of a hearing to seal must be given to all parties in
the case. In a criminal case, reasonable notice of a
hearing to seal or redact must also be given to the
victim, if ascertainable, and the person or agency
having probationary, custodial, community placement, or
community supervision over the affected adult or
juvenile. No such notice is required for motions to
seal documents entered pursuant to CrR 3.1(f) or CrRLJ 3.1(f).
(2) After the hearing, the court may order the court files
and records in the proceeding, or any part thereof, to
be sealed or redacted if the court makes and enters
written findings that the specific sealing or redaction
is justified by identified compelling privacy or safety
concerns that outweigh the public interest in access to
the court record. Agreement of the parties alone does
not constitute a sufficient basis for the sealing or
redaction of court records. Sufficient privacy or
safety concerns that may be weighed against the public
interest include findings that:
(A) The sealing or redaction is permitted by statute;
or
(B) The sealing or redaction furthers an order entered
under CR 12(f) or a protective order entered under
CR 26(c); or
(C) A conviction has been vacated; or
(D) The sealing or redaction furthers an order entered
pursuant to RCW 4.24.611; or
(E) The redaction includes only restricted personal
identifiers contained in the court record; or
(F) Another identified compelling circumstance exists
that requires the sealing or redaction.
(3) A court record shall not be sealed under this section
when redaction will adequately resolve the issues
before the court pursuant to subsection (2) above.
(4) Sealing of Entire Court File. When the clerk receives a
court order to seal the entire court file, the clerk
shall seal the court file and secure it from public
access. All court records filed thereafter shall also
be sealed unless otherwise ordered. The existence of a
court file sealed in its entirety, unless protected by
statute, is available for viewing by the public on
court indices. The information on the court indices is
limited to the case number, names of the parties, the
notation "case sealed," the case type and cause of
action in civil cases and the cause of action or charge
in criminal cases, except where the conviction in a
criminal case has been vacated, section (d) shall
apply. The order to seal and written findings
supporting the order to seal shall also remain
accessible to the public, unless protected by statute.
(5) Sealing of Specified Court Records. When the clerk
receives a court order to seal specified court records
the clerk shall:
(A) On the docket, preserve the docket code, document
title, document or subdocument number and date of
the original court records;
(B) Remove the specified court records, seal them, and
return them to the file under seal or store
separately. The clerk shall substitute a filler
sheet for the removed sealed court record. If the
court record ordered sealed exists in a microfilm,
microfiche or other storage medium form other than
paper, the clerk shall restrict access to the
alternate storage medium so as to prevent
unauthorized viewing of the sealed court record;
and
(C) File the order to seal and the written findings
supporting the order to seal. Both shall be
accessible to the public.
(D) Before a court file is made available for
examination, the clerk shall prevent access to the
sealed court records.
(6) Procedures for Redacted Court Records. When a court
record is redacted pursuant to a court order, the
original court record shall be replaced in the public
court file by the redacted copy. The redacted copy
shall be provided by the moving party. The original
unredacted court record shall be sealed following the
procedures set forth in (c)(5).
(d) Procedures for Vacated Criminal Convictions. In cases where
a criminal conviction has been vacated and an order to seal
entered, the information in the public court indices shall
be limited to the case number, case type with the
notification "DV" if the case involved domestic violence,
the adult or juvenile's name, and the notation "vacated."
(e) Grounds and Procedure for Requesting the Unsealing of Sealed Records.
(1) Sealed court records may be examined by the public only
after the court records have been ordered unsealed
pursuant to this section or after entry of a court
order allowing access to a sealed court record.
(2) Criminal Cases. A sealed court record in a criminal
case shall be ordered unsealed only upon proof of
compelling circumstances, unless otherwise provided by
statute, and only upon motion and written notice to the
persons entitled to notice under subsection (c)(1) of
this rule except:
(A) If a new criminal charge is filed and the
existence of the conviction contained in a sealed
record is an element of the new offense, or would
constitute a statutory sentencing enhancement, or
provide the basis for an exceptional sentence,
upon application of the prosecuting attorney the
court shall nullify the sealing order in the prior
sealed case(s).
(B) If a petition is filed alleging that a person is a
sexually violent predator, upon application of the
prosecuting attorney the court shall nullify the
sealing order as to all prior criminal records of
that individual.
(3) Civil Cases. A sealed court record in a civil case
shall be ordered unsealed only upon stipulation of all
parties or upon motion and written notice to all
parties and proof that identified compelling
circumstances for continued sealing no longer exist, or
pursuant to RCW 4.24 or CR 26(j). If the person seeking
access cannot locate a party to provide the notice
required by this rule, after making a good faith
reasonable effort to provide such notice as required by
the Superior Court Rules, an affidavit may be filed
with the court setting forth the efforts to locate the
party and requesting waiver of the notice provision of
this rule. The court may waive the notice requirement
of this rule if the court finds that further good faith
efforts to locate the party are not likely to be successful.
(4) Juvenile Proceedings. Inspection of a sealed juvenile
court record is permitted only by order of the court
upon motion made by the person who is the subject of
the record, except as otherwise provided in RCW
13.50.010(8) and 13.50.050(23). Any adjudication of a
juvenile offense or a crime subsequent to sealing has
the effect of nullifying the sealing order, pursuant to
RCW 13.50.050(16).
(f) Maintenance of Sealed Court Records. Sealed court records
are subject to the provisions of RCW 36.23.065 and can be
maintained in mediums other than paper.
(g) Use of Sealed Records on Appeal. A court record or any
portion of it, sealed in the trial court shall be made
available to the appellate court in the event of an appeal.
Court records sealed in the trial court shall be sealed from
public access in the appellate court subject to further
order of the appellate court.
(h) Destruction of Court Records.
(1) The court shall not order the destruction of any court
record unless expressly permitted by statute. The court shall
enter written findings that cite the statutory authority for the
destruction of the court record.
(2) In a civil case, the court or any party may request a
hearing to destroy court records only if there is express
statutory authority permitting the destruction of the court
records. In a criminal case or juvenile proceeding, the court,
any party, or any interested person may request a hearing to
destroy the court records only if there is express statutory
authority permitting the destruction of the court records.
Reasonable notice of the hearing to destroy must be given to all
parties in the case. In a criminal case, reasonable notice of the
hearing must also be given to the victim, if ascertainable, and
the person or agency having probationary, custodial, community
placement, or community supervision over the affected adult or juvenile.
(3) When the clerk receives a court order to destroy the entire
court file the clerk shall:
(A) Remove all references to the court records from
any applicable information systems maintained for
or by the clerk except for accounting records, the
order to destroy, and the written findings. The
order to destroy and the supporting written
findings shall be filed and available for viewing
by the public.
(B) The accounting records shall be sealed.
(4) When the clerk receives a court order to destroy specified
court records the clerk shall;
(A) On the automated docket, destroy any docket code information
except any document or sub-document number previously assigned to
the court record destroyed, and enter "Order Destroyed" for the
docket entry;
(B) Destroy the appropriate court records, substituting, when
applicable, a printed or other reference to the order to destroy,
including the date, location, and document number of the order to
destroy; and
(C) File the order to destroy and the written findings
supporting the order to destroy. Both the order
and the findings shall be publicly accessible.
(5) This subsection shall not prevent the routine
destruction of court records pursuant to applicable
preservation and retention schedules.
(i) Trial Exhibits. Notwithstanding any other provision of this
rule, trial exhibits may be destroyed or returned to the
parties if all parties so stipulate in writing and the court so orders.
(j) Effect on Other Statutes. Nothing in this rule is intended
to restrict or to expand the authority of clerks under
existing statutes, nor is anything in this rule intended to
restrict or expand the authority of any public auditor in
the exercise of duties conferred by statute.
[Adopted effective September 22, 1989; amended effective
September 1, 1995; June 4, 1997; June 16, 1998; September 1,
2000; amended effective October 1, 2002; amended effective July 1, 2006.]
RULE GR 16
COURTROOM PHOTOGRAPHY AND RECORDING BY THE NEWS MEDIA
(a) Video and audio recording and still photography by the
news media are allowed in the courtroom during and between
sessions, provided
(1) that permission shall have first been expressly granted
by the judge; and
(2) that media personnel not, by their appearance or
conduct, distract participants in the proceedings or
otherwise adversely affect the dignity and fairness of the proceedings.
(b) The judge shall exercise reasonable discretion in
prescribing conditions and limitations with which media
personnel shall comply.
(c) If the judge finds that sufficient reasons exist to
warrant limitations on courtroom photography or recording,
the judge shall make particularized findings on the records
at the time of announcing the limitations. This may be done
either orally or in a written order. In determining what,
if any, limitations should be imposed, the judge shall be
guided by the following principles:
(1) Open access is presumed; limitations on access must be
supported by reasons found by the judge to be sufficiently
compelling to outweigh that presumption;
(2) Prior to imposing any limitations on courtroom
photography or recording, the judge shall, upon request,
hear from any party and from any other person or entity
deemed appropriate by the judge; and
(3) Any reasons found sufficient to support limitations on
courtroom photography or recording shall relate to the
specific circumstances of the case before the court rather
than reflecting merely generalized views.
[Adopted effective December 27, 1991; amended effective January 4, 2005.]
Comment
Before 1991 when GR 16 on “Cameras in the Courtroom” was
first adopted, the subject had only been addressed in the
Code of Judicial Conduct’s Canon 3(A)(7). The intent of the
1991 change was to make clear both that cameras were fully
accepted in Washington courtrooms and also that broad
discretion was vested in the court to decide what, if any,
limitations should be imposed. In subsequent experience,
both judges and the media have perceived a need for greater
guidance as to how that judicial discretion should be
exercised in a particular case. This 2003 amendment to GR 16
is intended to fill that practical need.
While not providing much guidance for the court’s
exercise of discretion, the Canon did contain some
“illustrative guidelines” on how media personnel should
conduct themselves while covering the courts. Although
these guidelines were no longer a part of the rule once GR
16 was adopted, they continued to be published in the
accompanying Comment. Some portions of those guidelines
have now become outdated and others are superseded by
language in the new GR 16. Because there continues to be
potential value in some of the remaining guidelines, they
will be here set out in redacted form:
ILLUSTRATIVE BROADCAST GUIDELINES
1. Officers of Court. Broadcast newspersons should advise
the bailiff prior to the start of a court session that they
desire to electronically record and/or broadcast live from
within the courtroom. The bailiff may have prior
instructions from the judge as to where the broadcast
reporter and/or camera operator may position themselves. In
the absence of any directions from the judge or bailiff, the
position should be behind the front row of spectator seats
by the least used aisleway or other unobtrusive but viable location.
2. Pooling. Unless the judge directs otherwise, no more
than one television camera should be taking pictures in the
courtroom at any one time. It should be the responsibility
of each broadcast news representative present at the opening
of each session of court to achieve an understanding with
all other broadcast representatives as to how they will pool
their photographic coverage. This understanding should be
reached outside the courtroom and without imposing on the
judge or court personnel.
3. Broadcast Equipment. All running wires used should
be securely taped to the floor. All broadcast equipment
should be handled as inconspicuously and quietly as
reasonably possible. Sufficient film and/or tape capacities
should be provided to obviate film and/or tape changes
except during court recess. No additional lights should be
used without the specific approval of the presiding judge.
4. Decorum. Camera operators should not move tripod-
mounted cameras except during court recess. All broadcast
equipment should be in place and ready to function no less
than 15 minutes before the beginning of each session of court.
An accompanying set of “Illustrative Print Media
Guidelines” contained substantially the same provisions from
print media personnel. The only additional matters
addressed were that still photographers should use cameras
operating quietly and without a flash and they should not
“assume body positions inappropriate for spectators.”
GR 17
FACSIMILE TRANSMISSION
(a) Facsimile Transmission Authorized; Exceptions.
(1) Except as set forth in subsection (a)(5), the clerks of the court
may accept for filing documents sent directly to the clerk or to another by
electronic facsimile (fax) transmission. A fax copy shall constitute an
original for all court purposes. The attorney or party sending the document
via fax to the clerk or to another shall retain the original signed
document until 60 days after completion of the case. Documents to be
transmitted by fax shall bear the notation: "SENT on _______________ (DATE)
VIA FAX FOR FILING IN COURT.
(2) If a document is transmitted by facsimile to another for filing
with a court, the person responsible for the filing must attach an original
affidavit as the last page of the document. The affidavit must bear the
name of the court, case caption, case number, the name of the document to
be filed, and a statement that the individual signing the affidavit has
examined the document, determined that it consists of a stated number of
pages, including the affidavit page, and that it is complete and legible.
The affidavit shall bear the original signature, the printed name, address,
phone number and facsimile number of the individual who received the
document for filing.
(3) The clerk of the court may use fax transmission to send any
document requiring personal service to one charged with personally serving
the document. Notices and other documents may be transmitted by the clerk
to counsel of record by fax.
(4) Clerks may charge reasonable fees to be established by the Office
of the Administrator for the Courts, for receiving, collating, and
verifying fax transmissions.
(5) Without prior approval of the clerk of the receiving court,
facsimile transmission is not authorized for judge's working copies
(courtesy copies) or for those documents for which a filing fee is
required. Original wills and negotiable instruments may not be filed by
facsimile transmission.
(6) Facsimile Machine Not Required. Nothing in this rule shall require
an attorney or a clerk of a court to have a facsimile machine.
(b) Conditions.
(1) Documents transmitted to the clerk by fax shall be letter size (8-
1/2 by 11 inches). Documents over 10 pages in length may not be filed by
fax without prior approval of the clerk.
(2) Any document transmitted to the clerk by fax must be accompanied by
a fax transmittal sheet in a format prescribed by the court. The form must
include the case number (if any), case caption, number of pages, the
sender's name, the senders voice and facsimile telephone numbers, and fax
fee remittance certification. Transmittal sheets are not considered legal
filings.
(3) A document transmitted directly to the clerk of the court shall be
deemed received at the time the clerk's fax machine electronically
registers the transmission of the first page, regardless of when final
printing of the document occurs, except that a document received after the
close of normal business hours shall be considered received the next
judicial day. If a document is not completely transmitted, it will not be
considered received. A document transmitted to another for filing with the
clerk of the court will be deemed filed when presented to the clerk in the
same manner as an original document.
(4) Court personnel will not verify receipt of a facsimile transmission
by telephone or return transmission and persons transmitting by facsimile
shall not call the clerk's office to verify receipt.
(5) The clerk shall neither accept nor file a document unless it is on
bond paper.
(6) The clerk shall develop procedures for the collection of fax
service fees for those documents transmitted directly to the clerk.
Nonpayment of the fax service fee shall not affect the validity of the
filing.
(7) Agencies or individuals exempt from filing fees are not exempt from
the fax service fees for documents transmitted directly to the clerk.
[Adopted effective September 1, 1993.]
GR 18
JURY SOURCE LIST
(a) Effective Date. Effective September 1, 1994, all prospective jurors
shall be identified using the jury source list as herein provided.
(b) Jury Source List. "Jury source list" means the list of all registered
voters of a county, merged with a list of licensed drivers and identicard
holders who reside in that county. The list shall specify each person's first
and last name, middle initial, date of birth, gender and residence address.
When legally available for jury selection use, each such list shall also
specify each person's Social Security number.
(c) Order of the Supreme Court. The jury source list shall be created
utilizing the methodology and standards set forth by Supreme Court order and by
Laws of 1993, ch. 408, subsection 1.
(d) Juror Qualification Confirmation. Each court, after consultation with
the county auditor and county clerk of its jurisdiction, shall establish a
means to preliminarily determine by written declaration signed under penalty of
perjury by each person summoned, the qualifications set forth in RCW 2.36.070
of each person summoned for jury duty prior to the person's appearance at the
court to which the person is summoned to serve. Information so provided to the
court for preliminary determination of qualification for jury duty may only be
used for the term such person is summoned and may not be used for any other
purpose. Provided, that the court, or its designee, may report a change of
address or nondelivery of summons of persons summoned for jury duty to the
county auditor.
THE SUPREME COURT OF WASHINGTON
In the Matter of the Jury ) No.
Source List Pursuant )
to General Rule 18 )
of the Washington Rules ) ORDER
of Court )
General Rule 18 of the Washington Court Rules provides that the Supreme
Court of the State of Washington should designate by order the creation of the
jury source list.
Now, Therefore, It is hereby ordered:
That the jury source list shall be created according to the attached
appendix describing the methodology and standards for creating the jury source
list by merging the list of registered voters for a county with the list of
licensed drivers and identicard holders who reside in that county.
That each superior court shall receive a jury source list from the
Department of Information Services by May 1, 1994, and annually thereafter,
which list shall be created according to the methodology and standards set
forth in the attached appendix. Provided, that the jury source list may be
created, at the direction of the presiding judge of each superior court after
consultation with the county auditor and the county clerk of that jurisdiction,
by the county, according to the methodology and standards set forth in the
attached appendix. If a superior court elects to have the jury source list
created by the county the superior court shall so notify the Department of
Information Services annually by March 1, 1994, and that superior court shall
thereafter receive a separate list of licensed drivers and identicard holders
residing in that county and a separate list of registered voters residing in
that county from the Department of Information Services by April 1, 1994, and
annually thereafter.
That in the event, for any reason, the jury source list is not created and
available for use as set forth above, the most recent previously compiled jury
source list shall be used by the courts on an emergency basis only for the
shortest period of time until a current jury source list is created and
available for use as provided for herein.
Dated at Olympia, Washington, this ____ day of ___________, 19__.
___________________________________
Chief Justice
APPENDIX
This appendix describes the methodology for merging the list of registered
voters and the list of licensed drivers and identicard holders to form a jury
source list pursuant to GR 18 and the Supreme Court of Washington order to
which this appendix is attached. Records of persons from the list of licensed
drivers and identicard holders shall not be used in creating a jury source list
if their license or identicard has been expired longer than 90 days. Records
of persons from the registered voter list shall not be used in creating a jury
source list if they are in an inactive status.
Persons on the list of registered voters and on the list of licensed
drivers and identicard holders shall be identified based on the following data:
date of birth, last name, first name, middle initial, gender and county code to
reflect residence address. Upon notification by the Supreme Court of Washington
of the legal availability of the Social Security number for jury selection
purposes, the persons on each list shall also be identified by Social Security number.
The list of registered voters and the list of licensed drivers and
identicard holders shall be merged to form a jury source list.
Using the identifying information on each person, known duplicate names
shall be eliminated during the merging process so that the jury source list
shall contain, to the extent reasonably possible, each prospective juror's name
only once.
Suspected duplication of prospective jurors' names on the jury source list
which cannot be clearly confirmed at the time that the jury source list is
created shall be identified on the jury source list for further investigation
at the county level. For that purpose only, the jury source list shall identify
each person as having been originally listed on the list of registered voters,
or the list of licensed drivers and identicard holders, or both. Conflicts of
addresses shall be resolved by using the address most currently provided for
the lists from which the names originated.
If suspected duplication of names on the jury source list cannot be
resolved after reasonable efforts at the county level, the suspected duplicate
names shall be stricken from that jury source list.
Selection of persons for the master jury list from the jury source list,
and the designation of persons on the master jury list to be summoned, shall be
random and totally without regard to whether a person's name originally
appeared on the list of registered voters, or on the list of licensed drivers
and identicard holders, or both.
[Adopted effective September 1, 1994; amended September 1, 2009.]
GR
RULE 19
VIDEO CONFERENCE PROCEEDINGS
The Office of the Administrator for the Courts (OAC) shall
promulgate standards for facilities and equipment and provide
technical assistance to courts required.
[Adopted effective September 1, 1997; amended effective
December 28, 1999.]
RULE GR 20
SECURITY IN HANDLING COURT EXHIBITS
(a) Hazardous, Valuable, and Bulky Exhibits. Upon petition
of the clerk or any party and order of the court, a hazardous
exhibit, money, an item of negotiable value, or an item deemed to
be excessively bulky, may be admitted and then withdrawn upon the
substitution of photograph(s), videotape(s), samples or other
facsimile representations as provided by the order. The
photograph(s), videotape(s), samples or other facsimile
representations may be used to demonstrate the existence,
quantity, and physical characteristic of the evidence. The order
shall direct the disposition of the original evidence and shall
state whether the evidence shall be further documented by a
descriptive certificate issued by an authorized agency.
(b) Controlled Substances. When controlled substances or
samples thereof are presented in court, such items shall be
presented under sealed evidence tape in containers whose labels
describe their contents. Sealed controlled substances presented
as exhibits shall be unsealed in open court and, upon completion
of the action for which unsealing was ordered, the item shall be sealed again.
(c) Original Exhibit. When a photograph, videotape, or other
facsimile representation is substituted, the original exhibit
must be retained by the presenting party or agency until at least
sixty (60) days following case completion and must produce the
original exhibit upon the court's direction. Case completion is
defined as the date of filing of the judgment of acquittal, final
judgment, or dismissal, or the date the judgment becomes final after appeal.
(d) Appeal. Exhibits handled under these rules shall have
the same standing for purposes of appeal as would the original exhibits.
(e) Hazardous Exhibits. For purposes of this rule,
"hazardous exhibit" means an exhibit that unreasonably threatens
the health and safety of persons handling the exhibit, including
exhibits having potentially toxic, explosive, or disease-carrying
characteristics. Non-exclusive examples of hazardous exhibits
include firearms, knives and other weapons, live ammunition,
controlled substances, bodily fluid samples, and bloody clothing.
[Adopted effective September 1, 1997; amended effective September 1, 2000.]
GR 21
EMERGENCY COURT CLOSURE
(a.) Generally. A court may be closed if weather,
technological failure or other hazardous or emergency
conditions or events are or become such that the safety and
welfare of the employees are threatened or the court is
unable to operate or demands immediate action to protect the
court, its employees or property. Closure may be ordered by
the chief justice, the presiding chief judge, presiding
judge or other judge so designated by the affected court in
his or her discretion during the pendency of such conditions
or events.
(b.) Order and Notification. Whenever a court is closed in
accordance with section (a), the chief justice, presiding
chief judge, presiding judge or other judge directing the
closure of the court shall enter an administrative order
closing the court which shall be filed with the clerk of the
affected court. It shall also be the responsibility of the
chief justice, the presiding chief judge, the presiding
judge or other judge so designated by the affected court to
notify the Office of the Administrator for the Courts of any
decision to close a court. All oral notifications to the
Office of the Administrator for the Courts shall be followed
as soon as practicable with a written statement outlining
the condition or event necessitating such action and the
length of such closure.
(c.) Filings and Hearings - Time Extended. Reserved.
See GR 3.
[Adopted effective October 19, 1999.]
GR 22
ACCESS TO FAMILY LAW AND GUARDIANSHIP COURT RECORDS
(a) Purpose and Scope of this Rule. This rule governs access to family law
and guardianship court records, whether the records are maintained in paper
or electronic form. The policy of the courts is to facilitate public access
to court records, provided that such access will not present an unreasonable
invasion of personal privacy, will not permit access to records or
information defined by law or court rule as confidential, sealed, exempted
from disclosure, or otherwise restricted from public access, and will not be
unduly burdensome to the ongoing business of the courts.
(b) Definition and Construction of Terms.
(1) "Court record" is defined in GR 31 (c)(4).
(2) "Family law case or guardianship case" means any case filed under Chapters
11.88, 11.92, 26.09, 26.10, 26.12, 26.18, 26.21, 26.23, 26.26, 26.27, 26.50,
26.52, 73.36 and 74.34 RCW.
(3) "Personal Health Care Record" means any record or correspondence that
contains health information that: (1) relates to the past, present, or future
physical or mental health condition of an individual including past, present,
or future payments for health care; or (2) involves genetic parentage testing.
(4) "Personal Privacy" is unreasonably invaded only if disclosure of
information about the person or the family (a) would be highly offensive to a
reasonable person and (b) is not of legitimate concern to the public.
(5) "Public access" means unrestricted access to view or copy a requested
court record.
(6) "Restricted personal identifiers" means a party's social security number,
a party's driver's license number, a party's telephone number, financial
account numbers, social security number of a minor child and date of birth of a minor child.
COMMENT
A party is not required to provide a residence address. Petitioners or
counsel to a family law case will provide a service or contact address in
accordance with CR 4.1 that will be publicly available and all parties and
counsel should provide a contact address if otherwise required. Pattern forms
shall be modified, as necessary, to reflect the intent of this rule.
(7) "Retirement plan order" means a supplemental order entered for the sole
purpose of implementing a property division that is already set forth in a
separate order or decree in a family law case. A retirement plan order may not
grant substantive relief other that what is set forth in a separate order.
Examples of retirement plan orders are orders that implement a division of
retirement, pension, insurance, military, or similar benefits as already
defined in a decree of dissolution of marriage.
(8) "Sealed financial source documents" means income tax returns, W-2s and
schedules, wage stubs, credit card statements, financial institution
statements, checks or the equivalent, check registers, loan application
documents, retirement plan orders, as well as other financial information
sealed by court order.
(c) Access to Family Law or Guardianship Court Records.
(1) General Policy. Except as provided in RCW 26.26.610(2) and
subsections (c)(2) and (c)(3) below, all court records shall be open to the public for
inspection and copying upon request. The Clerk of the court may assess fees,
as may be authorized by law, for the production of such records.
(2) Restricted Access. The Confidential Information Form, Sealed Financial
Source Documents, Domestic Violence Information Form, Notice of Intent to
Relocate required by R.C.W. 26.09.440, Sealed Personal Health Care Record,
Retirement Plan Order, Confidential Reports as defined in (e)(2)(B), copies of
any unredacted Judicial Information System (JIS) database information
considered by the court for parenting plan approval as set forth in (f) of this
rule, and any Personal Information Sheet necessary for Judicial Information
System purposes shall only be accessible as provided in sections (h) and (i) herein.
(3) Excluded Records. This section (c) does not apply to court records that
are sealed as provided in GR 15, or to which access is otherwise restricted by law.
(d) Restricted Personal Identifiers Not Required - Except. Parties to a
family law case or the protected person in a guardianship case shall not be
required to provide restricted personal identifiers in any document filed with
the court or required to be provided upon filing a family law or guardianship
case, except:
(1) "Sealed financial source documents" filed in accordance with (g)(1).
(2) The following forms: Confidential Information Form, Domestic Violence
Information Form, Notice of Intent to Relocate required by R.C.W. 26.09.440,
Vital Statistics Form, Law Enforcement Information Form, Foreign Protection
Order Information Form, and any Personal Information Sheet necessary for
Judicial Information System purposes.
(3) Court requested documents that contain restricted personal identifiers,
which may be submitted by a party as financial source documents under the
provisions of section (g) of this rule.
COMMENT
Court records not meeting the definition of "Sealed Financial Source
Documents", "Personal Health Care Records", Retirement Plan Orders,
Confidential Reports or court records that otherwise meet the definition but
have not been submitted in accordance with (g)(1) are not automatically sealed.
Section (3) provides authority for the court to seal court records containing
restricted personal identifiers upon motion of a party, or on the court's own
motion during a hearing or trial.
(e) Filing of Reports in Family Law and Guardianship cases - Cover Sheet.
(1) This section applies to documents that are intended as reports to the
court in Family law and Guardianship cases including, but not limited to,
the following:
(A) Parenting evaluations;
(B) Domestic Violence Assessment Reports created by Family Court Services
or a qualified expert appointed by the court;
(C) Risk Assessment Reports created by Family Court Services or a
qualified expert;
(D) CPS Summary Reports created by Family Court Services or supplied
directly by Children's Protective Services;
(E) Sexual abuse evaluations; and
(F) Reports of a guardian ad litem or Court Appointed Special Advocate.
(2) Reports shall be filed as two separate documents, one public and one sealed.
(A) Public Document. The public portion of any report shall include a simple
listing of:
(i) Materials or information reviewed;
(ii) Individuals contacted;
(iii) Tests conducted or reviewed; and
(iv) Conclusions and recommendations.
(B) Sealed Document. The sealed portion of the report shall be filed with a
coversheet designated: "Sealed Confidential Report." The material filed with this
coversheet shall include:
(i) Detailed descriptions of material or information gathered or reviewed;
(ii) Detailed descriptions of all statements reviewed or taken;
(iii) Detailed descriptions of tests conducted or reviewed; and
(iv) Any analysis to support the conclusions and recommendations.
(3) The sealed portion may not be placed in the court file or used as an
attachment or exhibit to any other document except under seal.
(f) Information Obtained from JIS Databases with Regard to Approval of a
Parenting Plan.
When a judicial officer proposes to consider information from a JIS database
relevant to the placement of a child in a parenting plan, the judicial officer
shall either orally disclose on the record or disclose the relevant information
in written form to each party present at the hearing, and, on timely request,
provide any party an opportunity to be heard regarding that information. The
judicial officer has discretion not to disclose information that he or she does
not propose to consider. The judicial officer may restrict secondary
dissemination of written unredacted JIS database information not available to the public.
(g) Sealing Financial Source Documents, Personal Health Care Records, and
Sealed Confidential Reports in Family Law and Guardianship cases - Cover Sheet.
(1) Financial source documents, personal health care records, confidential
reports as defined in (e)(2)(B) of this rule, and copies of unredacted JIS
database records considered by the court for parenting plan approval as set
forth in (f) of this rule, shall be submitted to the clerk under a cover sheet
designated "SEALED FINANCIAL SOURCE DOCUMENTS", "SEALED PERSONAL HEALTH CARE
RECORDS", "SEALED CONFIDENTIAL REPORT" or "JUDICIAL INFORMATION SYSTEM DATABASE
RECORDS" for filing in the court record of family law or guardianship cases.
(2) All financial source documents, personal health care records, confidential
reports, or judicial information system database records so submitted shall be
automatically sealed by the clerk. The cover sheet or a copy thereof shall
remain part of the public court file.
(3) The court may order that any financial source documents containing
restricted personal identifiers, personal health care records, any report
containing information described in (e)(2)(B), or copies of unredacted JIS
database records considered by the court for parenting plan approval as
described in (f) be sealed, if they have not previously automatically been
sealed pursuant to this rule.
(4) These coversheets may not be used for any documents except as provided in
this rule. Sanctions may be imposed upon any party or attorney who violates this rule.
COMMENT
See comment to (d)(3) above.
(h) Access by Courts, Agencies, and Parties to Restricted Documents.
(1) Unless otherwise provided by statute or court order, the following persons
shall have access to all records in family law or guardianship cases:
(A) Judges, commissioners, other court personnel, the Commission on
Judicial Conduct, and the Certified Professional Guardian Board may access and
use restricted court records only for the purpose of conducting official
business of the court, Commission, or Board.
(B) Any state administrative agency of any state that administers
programs under Title IV-A, IV-D, IV-E, or XIX of the federal Social Security Act.
(2) Except as otherwise provided by statute or court order, the following
persons shall have access to all documents filed in a family law or
guardianship case, except the Personal Information Sheet, Vital Statistics
Form, Confidential Information Form, Domestic Violence Information Form, Law
Enforcement Information Form, and Foreign Protection Order Form.
(A) Parties of record as to their case.
(B) Attorneys as to cases where they are attorneys of record.
(C) Court appointed Title 11 guardians ad litem as to cases where they are
actively involved.
(i) Access to Court Records Restricted Under This Rule.
(1) The parties may stipulate in writing to allow public access to any court
records otherwise restricted under section (c)(2) above.
(2) Any person may file a motion, supported by an affidavit showing good
cause, for access to any court record otherwise restricted under section (c)(2)
above, or to be granted access to such court records with specified information
deleted. Written notice of the motion shall be provided to all parties in the
manner required by the Superior Court Civil Rules. If the person seeking
access cannot locate a party to provide the notice required by this rule, after
making a good faith reasonable effort to provide such notice as required by the
Superior Court Rules, an affidavit may be filed with the court setting forth
the efforts to locate the party and requesting waiver of the notice provision
of this rule. The court may waive the notice requirement of this rule if the
court finds that further good faith efforts to locate the party are not likely
to be successful, or if the motion requests access to redacted JIS database records.
(A) The court shall allow access to court records restricted under this rule,
or relevant portions of court records restricted under this rule, if the court finds
that the public interests in granting access or the personal interest of the person
seeking access outweigh the privacy and safety interests of the parties or dependent children.
(B) Upon receipt of a motion requesting access, the court may provide access
to JIS database records described in (f) after the court has reviewed the JIS database
records and redacted pursuant to GR 15 (c), any data which is confidential or restricted
by statute or court rule.
(C) If the court grants access to restricted court records, the court may enter
such orders necessary to balance the personal privacy and safety interests of the parties
or dependent children with the public interest or the personal interest of the party seeking
access, consistent with this rule.
[Adopted effective October 1, 2001; amended effective July 1, 2006; amended effective August 11, 2009.]
GR 23
Rule for Certifying Professional Guardians
(a) Purpose and Scope. This rule establishes the standards and criteria
for the certification of professional guardians as defined by RCW 11.88.008 and
prescribes the conditions of and limitations upon their activities. This rule
does not duplicate the statutory process by which the courts supervise
guardians nor is it a mechanism to appeal a court decision regarding the
appointment or conduct of a guardian.
(b) Jurisdiction. All professional guardians who practice in the state of
Washington are subject to these rules and regulations. Jurisdiction shall
continue whether or not the professional guardian retains certification under
this rule, and regardless of the professional guardian's residence.
(c) Certified Professional Guardian Board.
(1) Establishment.
(i) Membership. The Supreme Court shall appoint a Certified
Professional Guardian Board ("Board") of 12 or more members. The Board shall
include representatives from the following areas of expertise: professional
guardians; attorneys; advocates for incapacitated persons; courts; state
agencies; and those employed in medical, social, health, financial, or other
fields pertinent to guardianships. No more than one-third of the Board
membership shall be practicing professional guardians.
(ii) Terms. The term for a member of the Board shall be three years.
No member may serve more than three consecutive full three-year terms, not to
exceed nine consecutive years, including any unfilled term. Terms shall be
established such that one-third shall end each year. All terms of office begin
October 1 and end September 30 or when a successor has been appointed,
whichever occurs later.
(iii) Leadership. The Supreme Court shall designate the Chair of the
Board. The Board shall designate the Vice-Chair, who shall serve in the
absence of or at the request of the Chair.
(iv) Vacancies. Any vacancy occurring in the terms of office of Board
members shall be filled for the unexpired term.
(2) Duties and Powers.
(i) Applications. The Board shall process applications for
professional guardian certification under this rule. The Board may delay or
deny certification if an applicant fails to provide required basic or
supplemental information.
(ii) Standards of Practice. The Board shall adopt and implement
policies or regulations setting forth minimum standards of practice which
professional guardians shall meet.
(iii) Training Program. The Board shall adopt and implement
regulations establishing a professional guardian training program.
(iv) Examination. The Board may adopt and implement regulations
governing the preparation and administration of certification examinations.
(v) Recommendation of Certification. The Board may recommend
certification to the Supreme Court. The Supreme Court shall review the Board's
recommendation and enter an appropriate order.
(vi) Denial of Certification. The Board may deny certification.
If the Board denies certification, it shall notify an applicant in writing of
the basis for denial of certification and inform the applicant of the appeal process.
(vii) Continuing Education. The Board may adopt and implement
regulations for continuing education.
(viii) Grievances and Disciplinary Sanctions. The Board shall
adopt and implement procedures to review any allegation that a professional
guardian has violated an applicable statute, fiduciary duty, standard of
practice, rule, regulation, or other requirement governing the conduct of
professional guardians. The Board may take disciplinary action and impose
disciplinary sanctions based on findings that establish a of violation of an
applicable statute, duty, standard of practice, rule, regulation or other
requirement governing the conduct of professional guardians. Sanctions may
include decertification or lesser remedies or actions designed to ensure
compliance with duties, standards, and requirements for professional guardians.
(ix) Investigation. The Board may investigate to determine
whether an applicant for certification meets the certification requirements
established in this rule. The Board may also investigate to determine whether
a professional guardian has violated any statute, duty, standard of practice, rule,
regulation, or other requirement governing the conduct of professional guardians.
(x) Authority to Conduct Hearings. The Board may adopt
regulations pertaining to the orderly conduct of hearings.
a) Subpoenas. The Chair of the Board, Hearing Officer, or
a party's attorney shall have the power to issue subpoenas.
b) Orders. The Chair or Hearing Officer may make such pre-hearing
or other orders as are necessary for the orderly conduct of any hearing.
c) Enforcement. The Board may refer a Subpoena or order to
the Supreme Court for enforcement.
(xi) Disclosure of Records. The Board may adopt regulations pertaining
to the disclosure of records in the Board's possession.
(xii) Meetings. The Board shall hold meetings as determined to be
necessary by the chair. Meetings of the Board will be open to the public
except for executive session, review panel, or disciplinary meetings prior to
filing of a disciplinary complaint.
(xiii) Fees. The Board shall establish and collect fees in such amounts
as are necessary to support the duties and responsibilities of the Board.
(3) Board Expenses. Board members shall not be compensated for their
services. Consistent with the Office of Financial Management rules, Board
members shall be reimbursed for actual and necessary expenses incurred in the
performance of their duties. All expenses shall be paid pursuant to a budget
submitted to and approved by the Supreme Court. Funds accumulated from examination
fees, annual fees, and other revenues shall be used to defray Board expenses.
(4) Agency. Hearing officers are agents of the Board and are accorded
rights of such agency.
(5) Immunity from Liability. The Board, its members, or agents, including
duly appointed hearing officers, shall enjoy quasi-judicial immunity if the
Supreme Court would have immunity in performing the same functions.
(6) Conflict of Interest. A Board member should disqualify himself or
herself from making any decisions in a proceeding in which his or her
impartiality might reasonably be questioned, including but not limited to, when
the Board member has a personal bias or prejudice concerning a party or
personal knowledge of disputed evidentiary facts concerning the proceeding.
(7) Leave of Absence. The Board may adopt regulations specifying that a
Board member who is the subject of a disciplinary investigation by the Board
must take a leave of absence from the Board. A Board member may not continue
to serve as a member of the Board if the Board or Supreme Court has imposed a
final disciplinary sanction on the Board member.
(8) Administration. The Administrative Office of the Courts (AOC) shall
provide administrative support to the Board and may contract with agencies or
organizations to carry out the Board's administrative functions.
(d) Certification Requirements. Applicants, Certified Professional
Guardians, and Certified Agencies shall comply with the provisions of Chapter
11.88 and 11.92 RCW. In addition, individuals and agencies must meet the
following requirements.
(1) Individual Certification. The following requirements apply to
applicants and do not apply to currently certified professional guardians,
except as stated in subsection (d)(1)(vii). An individual applicant shall:
(i) Be at least 18 years of age;
(ii) Be of sound mind;
(iii) Have no felony or misdemeanor convictions involving moral turpitude;
(iv) Possess an associate's degree from an accredited institution
and at least four full years' experience working in a discipline pertinent to
the provision of guardianship services, or a baccalaureate degree from an
accredited institution and at least two full years' experience working in a
discipline pertinent to the provision of guardianship services, or a Masters,
J.D., Ph.D., or equivalent advanced degree from an accredited institution and
at least one year experience working in a discipline pertinent to the provision
of guardianship services;
(v) The experience required by this rule is experience in which
the applicant has developed skills that are transferable to the provision of
guardianship services and must include decision-making or the use of
independent judgment for the benefit of others, not limited to incapacitated
persons, in the area of legal, financial, social services or healthcare or
other disciplines pertinent to the provision of guardianship services;
(vi) Have completed the mandatory certification training.
(vii) Applicants enrolled in the mandatory certification training on
September 12, 2008, and who satisfactorily complete that training, shall meet
the certification requirements existing on that date, or the date the applicant
submitted a complete application for certification, whichever date is earlier,
and not the requirements set forth in this rule.
(2) Agency Certification. Agencies must meet the following additional requirements:
(i) All officers and directors of the corporation must meet the
qualifications of Chapter 11.88.020 RCW for guardians;
(ii) Each agency shall have at least two (2) individuals in the
agency certified as professional guardians, whose residence or principal place
of business is in Washington State and who are so designated in minutes or a
resolution from the Board of Directors; and
(iii) Each agency shall file and maintain in every guardianship
court file a current designation of each certified professional guardian with
final decision-making authority for the incapacitated person or their estate.
(3) Training Program and Examination. Applicants must satisfy the Board's
training program and examination requirements.
(4) Insurance Coverage. In addition to the bonding requirements of
Chapter 11.88 RCW, applicants must be insured or bonded at all times in such
amount as may be determined by the Board and shall notify the Board immediately
of cancellation of required coverage.
(5) Financial Responsibility. Applicants must provide proof of ability to
respond to damages resulting from acts or omissions in the performance of
services as a guardian. Proof of financial responsibility shall be in such
form and in such amount as the Board may prescribe by regulation.
(6) Application Under Oath. Applicants must execute and file with the
Board an approved application under oath.
(7) Application Fees. Applicants must pay fees as the Board may require
by regulation.
(8) Disclosure. An applicant for certified professional guardian or
certified agency shall disclose upon application:
(i) The existence of a judgment against the applicant arising from
the applicant's performance of services as a fiduciary;
(ii) A court finding that the applicant has violated its duties as
a fiduciary, or committed a felony or any crime involving moral turpitude;
(iii) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;
(iv) Pending or final licensing or disciplinary board actions or
findings of violations;
(v) The existence of a judgment against the applicant within the
preceding eight years in any civil action;
(vi) Whether the applicant has filed for bankruptcy within the
last seven years. Disclosure of a bankruptcy filing within the past seven
years may require the applicant or guardian to provide a personal credit report
from a recognized credit reporting bureau satisfactory to the Board;
(vii) The existence of a judgment against the applicant or any
corporation, partnership or limited liability corporation for which the
applicant was a managing partner, controlling member or majority shareholder
within the preceding eight years in any civil action.
(9) Denial of Certification. The Board may deny certification of an
individual or agency based on any of the following criteria:
(i) Failure to satisfy certification requirements provided in section (d)
of this rule;
(ii) The existence of a judgment against the applicant arising from the
applicant's performance of services as a fiduciary;
(iii) A court finding that the applicant has violated its fiduciary
duties or committed a felony or any crime involving moral turpitude;
(iv) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;
(v) Pending or final licensing or disciplinary board actions or findings
of violations;
(vi) A Board determination based on specific findings that the applicant
lacks the requisite moral character or is otherwise unqualified to practice as
a professional guardian;
(vii) A Board determination based on specific findings that the
applicant's financial responsibility background is unsatisfactory.
(10) Designation/Title. An individual certified under this rule may use
the initials "CPG" following the individual's name to indicate status as
"Certified Professional Guardian." An agency certified under this rule may
indicate that it is a "Certified Professional Guardian Agency" by using the
initials "CPGA" after its name. An individual or agency may not use the term
"certified professional guardian" or "certified professional guardian agency"
as part of a business name.
(e) Guardian Disclosure Requirements.
(1) A Certified Professional Guardian or Certified Agency shall disclose
to the Board in writing within 30 days of occurrence:
(i) The existence of a judgment against the professional guardian arising
from the professional guardian's performance of services as a fiduciary;
(ii) A court finding that the professional guardian violated its
fiduciary duties, or committed a felony or any crime involving moral turpitude;
(iii) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;
(iv) Pending licensing or disciplinary actions related to fiduciary
responsibilities or final licensing or disciplinary actions resulting in
findings of violations;
(v) Residential or business moves or changes in employment; and
(vi) Names of Certified Professional Guardians they employ or who leave
their employ.
(2) Not later than June 30 of each year, each professional guardian and
guardian agency shall complete and submit an annual disclosure statement
providing information required by the Board.
(f) Regulations. The Board shall adopt regulations to implement this rule.
(g) Personal Identification Number. The Board shall establish an
identification numbering system for professional guardians. The Personal
Identification Number shall be included with the professional guardian's
signature on documents filed with the court.
(h) Ethics Advisory Opinions.
(1) The Board may issue written ethics advisory opinions to inform and advise
Certified Professional Guardians and Certified Agencies of their ethical obligations.
(2) Any Certified Professional Guardian or Certified Agency may request in
writing an ethical advisory opinion from the Board. Compliance with an opinion
issued by the Board shall be considered as evidence of good faith in any
subsequent disciplinary proceeding involving a Certified Professional Guardian
or Certified Agency.
(3) The Board shall publish opinions issued pursuant to this rule in
electronic or paper format. The identity of the person requesting an opinion
is confidential and not public information.
(i) Existing Law Unchanged. This rule shall not expand, narrow, or
otherwise affect existing law, including but not limited to, Title 11 RCW.
[Adopted effective January 25, 2000; amended effective April 30, 2002; amended
effective April 1, 2003; September 1, 2004, amended effective January 13, 2009;
amended effective September 1, 2010]
GENERAL RULE 24
DEFINITION OF THE PRACTICE OF LAW
(a) General Definition: The practice of law is the
application of legal principles and judgment with regard
to the circumstances or objectives of another entity or
person(s) which require the knowledge and skill of a
person trained in the law. This includes but is not
limited to:
(1) Giving advice or counsel to others as to their
legal rights or the legal rights or responsibilities of
others for fees or other consideration.
(2) Selection, drafting, or completion of legal
documents or agreements which affect the legal rights of
an entity or person(s).
(3) Representation of another entity or person(s) in a
court, or in a formal administrative adjudicative
proceeding or other formal dispute resolution process or
in an administrative adjudicative proceeding in which
legal pleadings are filed or a record is established as
the basis for judicial review.
(4) Negotiation of legal rights or responsibilities on
behalf of another entity or person(s).
(b) Exceptions and Exclusions: Whether or not they
constitute the practice of law, the following are
permitted:
(1) Practicing law authorized by a limited license to
practice pursuant to Admission to Practice Rules 8 (special
admission for: a particular purpose or action; indigent
representation; educational purposes; emeritus membership;
house counsel), 9 (legal interns), 12 (limited practice for
closing officers), or 14 (limited practice for foreign law
consultants).
(2) Serving as a courthouse facilitator pursuant to court
rule.
(3) Acting as a lay representative authorized by
administrative agencies or tribunals.
(4) Serving in a neutral capacity as a mediator, arbitrator,
conciliator, or facilitator.
(5) Participation in labor negotiations, arbitrations or
conciliations arising under collective bargaining rights or
agreements.
(6) Providing assistance to another to complete a form
provided by a court for protection under RCW chapters 10.14
(harassment) or 26.50 (domestic violence prevention) when no
fee is charged to do so.
(7) Acting as a legislative lobbyist.
(8) Sale of legal forms in any format.
(9) Activities which are preempted by Federal law.
(10) Serving in a neutral capacity as a clerk or court
employee providing information to the public pursuant to
Supreme Court Order.
(11) Such other activities that the Supreme Court has
determined by published opinion do not constitute the
unlicensed or unauthorized practice of law or that have been
permitted under a regulatory system established by the Supreme
Court.
(c) Non-lawyer Assistants: Nothing in this rule shall
affect the ability of non-lawyer assistants to act under
the supervision of a lawyer in compliance with Rule 5.3
of the Rules of Professional Conduct.
(d) General Information: Nothing in this rule shall
affect the ability of a person or entity to provide
information of a general nature about the law and legal
procedures to members of the public.
(e)Governmental agencies: Nothing in this rule shall
affect the ability of a governmental agency to carry out
responsibilities provided by law.
(f) Professional Standards: Nothing in this rule shall
be taken to define or affect standards for civil
liability or professional responsibility.
[Adopted effective September 1, 2001;
amended effective April 30, 2002.]
GENERAL RULE 25
PRACTICE OF LAW BOARD
(a) Purpose. The purpose of this rule is to create a Practice of
Law Board in order to promote expanded access to affordable and
reliable legal and law-related services, expand public confidence in
the administration of justice, make recommendations regarding the
circumstances under which non-lawyers may be involved in the delivery
of certain types of legal and law-related services, enforce rules
prohibiting individuals and organizations from engaging in
unauthorized legal and law-related services that pose a threat to the
general public, and to ensure that those engaged in the delivery of
legal services in the state of Washington have the requisite skills
and competencies necessary to serve the public.
(b) Appointment. The Practice of Law Board shall consist of 13
members, at least four of whom shall be non-lawyers. The appointments
shall be made by the Supreme Court after considering nominations from
the Board of Governors of the Washington State Bar Association and
other interested people and organizations. The members shall be
appointed to staggered 3-year terms of 3 years and no member may serve
more than 2 consecutive full 3-year terms. Any vacancy shall be
filled for the unexpired term. The Supreme Court shall annually
designate a chair and vice-chair, who shall be members of the Board.
(c) Powers of the Practice of Law Board.
(1) Advisory Opinions. On request of any person, or in
connection with the consideration of any complaint or any
investigation made on its own initiative, the Board may render
advisory opinions relating to the authority of non-lawyers to perform
legal and law-related services and arrange for their publication. No
opinion shall be rendered if, to the Board's knowledge, the subject
matter either involves or might affect a case or controversy pending
in any court. An advisory opinion shall be issued by the Board in
writing and shall be transmitted to the person making the inquiry. At
the direction of the Board, an opinion may be published in the
Washington State Bar News. Published opinions shall not, insofar as
practicable, identify the party or parties making an inquiry, or the
complainant or respondent.
(2) Complaints. The Board shall have jurisdiction over and
shall inquire into and consider complaints alleging the unauthorized
practice of law by any person or entity in accordance with the
procedures outlined in this rule.
(3) Investigation. The Board may, on its own initiative, and
without any complaint being made to it, investigate any condition or
situation of which it becomes aware that may involve the unauthorized
practice of law.
(4) Recommendations to the Supreme Court Regarding the Provision
of Legal and Law-Related Services by Non-Lawyers. On request of the
Supreme Court or any person or organization, or on its own initiative,
the Board may recommend that non-lawyers be authorized to engage in
certain defined activities that otherwise constitute the practice of
law as defined in GR 24. In forwarding a recommendation that non-
lawyers be authorized to engage in certain legal or law-related
activities that constitute the practice of law as defined in GR 24,
the Board shall determine whether regulation under authority of the
Supreme Court (including the establishment of minimum and uniform
standards of competency, conduct, and continuing education) is
necessary to protect the public interest. Any recommendation that non-
lawyers be authorized to engage in the limited provision of legal or
law-related services shall be accompanied by a determination:
(A) that access to affordable and reliable legal and law-
related services consistent with protection of the public will be
enhanced by permitting non-lawyers to engage in the defined activities
set forth in the recommendation;
(B) that the defined activities outlined in the
recommendation can be reasonably and competently provided by skilled
and trained non-lawyers;
(C) if the public interest requires regulation under
authority of the Supreme Court, such regulation is tailored to promote
access to affordable legal and law-related services while ensuring
that those whose important rights are at stake can reasonably rely on
the quality, skill and ability of those non-lawyers who will provide
such services;
(D) that, to the extent that the activities authorized will
involve the handling of client trust funds, provision has been made to
ensure that such funds are handled in a manner consistent with RPC
1.15A and APR 12.1, including the requirement that such funds be
placed in interest bearing accounts, with interest paid to the Legal
Foundation of Washington; and
(E) that the costs of regulation, if any, can be
effectively underwritten within the context of the proposed regulatory regime.
Recommendations to authorize non-lawyers to engage in the limited
practice of law pursuant to this section shall be forwarded to the
Washington State Board of Governors for consideration and comment
before transmission to the Supreme Court. Upon approval of such
recommendations by the Supreme Court pursuant to the procedures set
out in GR 9, those who meet the requirements and comply with
applicable regulatory and licensing provisions shall be deemed to be
engaged in the authorized practice of law.
(d) Expenses of the Practice of Law Board. The Practice of Law
Board shall be supported through annual commitments from the
Washington State Bar Association and through a portion of other
licensing fees established by the Supreme Court for non-lawyers
authorized to engage in the regulated practice of law. The Board shall
be administered and staffed by the Washington State Bar which shall
pay all expenses reasonably and necessarily incurred by the Board,
pursuant to a budget approved by the Board of Governors. Members of
the Board shall not be compensated for their services, but shall be
reimbursed for their necessary expenses incurred in connection with
the Board in a manner consistent with the Association's reimbursement policies.
(e) Records. All records of the Board shall be filed and
maintained at the principal office of the Association.
(f) Procedure.
(1) Committees. The Board may establish such committees as the
membership may deem necessary and appropriate to the performance of
its assigned tasks.
(2) Quorum. A majority of the Board shall constitute a quorum.
The chairperson of the Board may appoint temporary members of the
Board or a committee when a member is disqualified or unable to
function on a specific matter for good cause.
(3) Action by Board. The full jurisdiction and authority of the
Board, as provided in this rule, may be exercised by a committee,
except that (1) no advisory opinion may be given without the approval
of a majority of the Board; (2) no determination of the unauthorized
practice of law by a respondent and referral of a matter to a law
enforcement or other agency may be made without the approval of a
majority of the Board: and (3) the action of a committee on any matter
shall be subject to review and the approval or disapproval of the Board.
(4) Formal Complaint Procedure.
(A) Preliminary Investigation. The investigation or review
of a complaint shall be promptly instituted by the Board or by a
member thereof designated by the chair of the Board. If a complaint
has been filed, the investigating member shall interview the
complainant and respondent and shall conduct such further
investigation as is deemed appropriate.
(B) Report and Written Agreement. Upon the conclusion of
an investigation of a complaint, a report shall be made to the Board.
If, after consideration of the report, the Board concludes that there
has been no unauthorized practice of law, the complaint shall be
dismissed and the Board shall so notify the complainant and the
respondent in writing and shall close the file in the matter. If the
Board concludes that there has been unauthorized practice of law, the
Board shall attempt to persuade the respondent to enter into a written
agreement to refrain from such conduct in the future. The written
agreement may include a stipulation to penalties in the event of
continued violation.
(C) Pending Controversy. The Board may defer investigation
if, to the Board's knowledge, the conduct complained of is the subject
matter of or might affect a case or controversy pending in any court.
(D) Informal Disposition. The Board may attempt to arrive
at an amicable disposition of any matter within its jurisdiction with
the respondent. At any time during the pendency of a matter before
it, the Board may conduct an informal conference with the respondent.
At the Board's discretion, an electronic recording or written
transcription of the proceeding may be made. A respondent subject to
an informal conference may be represented by counsel. After a finding
by the Board of the unauthorized practice of law, the Board shall
endeavor to have the respondent enter into a written agreement to
refrain in the future from such conduct. If the respondent declines
to enter into a written agreement pursuant to this rule, the Board
shall refer the matter to an appropriate law enforcement or other
agency in accordance with this rule.
(g) Petitions for Review.
(1) Notice. Within 20 days after an opinion is published, or
within 30 days after any final action of the Board other than the
publication of any opinion, any aggrieved member of the bar, bar
association, person or entity may seek review thereof by serving on
the Board a notice of petition for review by the Supreme Court and by
filing the original notice with the Clerk of the Supreme Court. The
notice shall set forth the petitioner's name and address and, if
represented, the name and address of counsel. The notice shall
designate the action of the Board sought to be reviewed and shall
concisely state the manner in which the petitioner is aggrieved.
(2) Procedure. Petitions for review to the Supreme Court shall
comply with the Rules for Appellate Procedure.
(3) Final Determination. The final determination of a petition
for review may be either by written opinion or by order of the Supreme
Court and shall state whether the opinion or the action of the Board
is affirmed, reversed or modified or shall provide for such other
final disposition as is appropriate.
(h) Referral to Enforcement Agency.
(1) Referral. When the Board concludes from its preliminary
investigation, or from the failure of an informal conference as
provided in these rules, that an amicable disposition of any matter
within its jurisdiction cannot be effected with the respondent, it
shall, based upon the nature of the complaint, the relief sought, and
the facts as then known, refer the matter to the law enforcement or
other agency the Board determines is best suited to conduct an
investigation and any prosecution of such matter.
(2) Contents of File. Upon making a determination that an
amicable disposition of a matter cannot be effected, and that the
matter should be referred to a particular law enforcement or other
agency, the Board shall send such agency the original complaint,
response, evidence or other proof, investigative report and, if an
informal conference has been conducted, a transcript of such
proceedings. The Board shall retain copies of all such documents for its file.
(3) Notice to Complainant. Upon referring a matter to a law
enforcement or other agency, the Board shall notify the complainant of
such action in writing.
(i) Immunity from Suit.
(1) The members and staff of the Board shall be absolutely
immune from suit, whether legal or equitable in nature, for any
conduct in the performance of their official duties.
(2) Persons who bring allegations concerning any individual or
entity to the Board shall be immune from suit, whether legal or
equitable in nature, for all communications to the Board or to its staff.
(j) Regulations. The Board may adopt regulations pertinent to these
powers subject to the approval of the Supreme Court.
[Adopted effective September 1, 2001; September 1, 2006.]
PRACTICE OF LAW BOARD
REGULATIONS
REGULATION 1. PURPOSE
The purpose of these regulations is to establish procedures for
the Practice of Law Board (POL Board) in order to carry out its
purposes and exercise its powers pursuant to General Rule 25 (GR 25).
REGULATION 2. PRACTICE OF LAW
General Rule 24 (GR 24), Definition of the Practice of Law,
including any amendments, provides the framework by which the POL
Board will carry out its purposes and exercise its powers as set
forth in GR 25.
REGULATION 3. ESTABLISHMENT OF THE BOARD
A. Board Members. The POL Board shall consist of 13 members
(Member[s]) appointed by the Supreme Court of the State of
Washington (Supreme Court) at least four of whom shall be non-
lawyer Washington residents and the remainder of whom shall be
lawyers licensed to practice law in Washington. Appointments to
the POL Board shall be made by the Supreme Court after
considering nominations from the WSBA Board of Governors (WSBA
Board) and any other interested people or organizations.
B. Member Terms. The Members shall initially be appointed to
staggered terms of one to three years. Thereafter, appointments
shall be for three-year terms. No Member may serve more than two
consecutive three-year terms.
C. Resignation. A member may resign from the POL Board by
letter addressed to the POL Board and the Supreme Court with
resignation to be effective two days following the date of the
letter or any effective date thereafter which may be specified in
the letter.
D. Vacancies. A membership vacancy shall be deemed to occur on
the resignation of a Member or upon declaration of a vacancy by
the Supreme Court following any request to the Supreme Court by
the POL Board for the reasons set forth in section O below, or if
a Member has three consecutive unexcused absences from regular
POL Board meetings or is not present at more than a majority of
the POL Board meetings during any 12-month period as determined
by the chairperson. A membership vacancy shall be filled by the
Supreme Court for the unexpired term.
E. Administration of Board. The Washington State Bar
Association (WSBA), in consultation with the POL Board, shall
provide the POL Board with an administrator (Board Administrator)
and any additional staff support as designated by the Executive
Director of the WSBA. The Board Administrator shall not be
entitled to vote on POL Board matters.
F. Funding and Expenses. The POL Board shall prepare an annual
budget to be submitted for approval and on a schedule set by the
WSBA Board of Governors. The WSBA shall pay all expenses
reasonably and necessarily incurred by the POL Board pursuant to
the budget and the expense policy of the WSBA. Funding for the
POL Board shall be provided by annual commitments from the WSBA
and through a portion of other licensing fees established by the
Supreme Court.
G. Officers. The Supreme Court shall annually designate a
chairperson and a vice-chairperson from among the POL Board membership.
H. Regular Meetings. The POL Board shall meet as necessary to
complete its business not less than once per year as determined
by the POL Board or upon call of the chairperson.
I. Regular Meeting / Agenda Notice. The POL Board may file
with the Code Reviser a schedule of the time and place of
regularly scheduled meetings in January of each year for
publication in the Washington State Register. The POL Board
shall post an agenda for each regular meeting on the
Administrative Office of the Courts website or the WSBA website
at least seven days prior to the meeting.
J. Special Meetings. A special meeting of the POL Board may be
called at any time by the chairperson or by a majority of the POL
Board membership by delivering written notice personally, by
mail, or by e-mail to each Member at least two business days
before the time of such meeting and by providing notice of the
special meeting to the public on the Administrative Office of the
Courts website or the WSBA website.
K. Voting. Each Member shall be entitled to one vote on each
matter submitted to a vote at a meeting of the POL Board. A
majority vote of the Members present at a meeting at which a
quorum exists shall, unless a greater vote is required by other
provisions of these regulations or by GR 25, decide any issue submitted.
L. Quorum. A majority of the Members shall constitute a
quorum. The chairperson may appoint temporary members of the POL
Board (or any designated committee) from among former members of
the POL Board when a Member is disqualified or unable to function
on a specific matter, for good cause. If less than a quorum is
present at a meeting, a majority of the Members present may
adjourn the meeting and continue it to a later date and time upon
notice. At any reconvened meeting at which a quorum is present,
any business may be transacted which might have been transacted
at the adjourned meeting. Members present at a properly called
meeting may continue to transact business until adjournment,
notwithstanding the withdrawal of Members leaving less than a quorum.
M. Action by Communication Equipment. The Members or any
designated committee may participate in a meeting of the POL
Board or such designated committee by means of a conference phone
or similar communications equipment by which all persons
participating in the meeting can hear each other at the same
time, and participation by such means will constitute presence in
person at a meeting.
N. Action Without a Meeting. Any action required or permitted
to be taken at a POL Board meeting in Executive Session may be
taken without a meeting if a written consent setting forth the
action taken or to be taken is signed by each of the Members.
Any such written consent (including facsimile and digital
signatures) shall be inserted in the minute book as if it were
the minutes of a POL Board meeting in Executive Session.
Further, such consent shall have the same force and effect as a
unanimous vote, and may be stated as such in any document filed
for the public record.
O. Removal of a Member. The POL Board may request the Supreme
Court to declare a membership vacancy with respect to any Member
whose removal from the POL Board would, upon a two-thirds vote of
the POL Board excluding the affected Member, be in the best
interest of the POL Board; however, such action may only be taken
by the POL Board at a regular or special meeting following notice
of such proposed action.
P. Committees. The POL Board may establish such committees as
the POL Board deems necessary and appropriate with each committee
(designated committee) having a specified function determined by
the POL Board and having the full jurisdiction and authority of
the POL Board as provided in GR 25, except that: 1) no advisory
opinion may be issued without the approval of the POL Board; 2)
no determination of the unauthorized practice of law by a
respondent and referral of a matter to a law enforcement or other
agency may be made without the approval of the POL Board; and 3)
the action of a designated committee on any matter shall be
subject to review and approval/disapproval of the POL Board. The
chairperson shall designate a committee chair for each designated
committee to serve for a one-year term.
Q. Records. The Board Administrator shall maintain minutes of
the POL Board and its designated committees, deliberations,
recommendations, and decisions. All records of the POL Board and
its committees shall be filed and maintained at the principal
office of the WSBA.
R. R. Open Meeting and Records. All records, files, meetings and proceedings
of the POL Board and its designated committees shall be open and public,
except that the POL Board may meet in executive session and records and files
may be made confidential where the preservation of confidentiality is desirable
or where public disclosure might result in the violation of individual rights or
in unwarranted private or personal harm. All discussions of particular complaints
and investigations will be held in Executive Session. Nothing in these regulations
shall be construed to deny access to relevant information by professional licensing
or discipline agencies, or other law enforcement authorities, as the Board shall authorize.
S. Public Participation. The chairperson or the chair of any
designated committee may allow for public participation at any
meeting. Members of the public who wish to address the POL Board
or a designated committee at any meeting shall be required to
provide contact information on a form provided for that purpose
and shall be required to comply with any time limitation deemed
appropriate by the chairperson or the designated committee chair.
T. Letterhead. Use of POL Board letterhead shall be limited to
official business of the POL Board and specifically shall not be
used in connection with any political campaign or to support or
oppose any public issue unless the POL Board has taken a position
on the issue; to support or oppose any political candidate; or
for personal or charitable purposes.
REGULATIONS 4. CONFLICT OF INTEREST.
A. In General. A Member who has or has had a lawyer/client
relationship or financial relationship with, or who is an
immediate family member of, a person or entity who is a
complainant or the subject of a matter before the POL Board shall
not participate in the investigation or deliberation on any
matter involving that complainant, person, or entity. No WSBA
employee shall participate in deliberation on any matter which is
pending in, or likely to be referred to, the WSBA attorney
disciplinary system or bar admission.
B. Disclosure. A Member with a past or present relationship,
other than that as provided in section A above, with a person or
entity who is the complainant or subject of a matter before the
POL Board, shall disclose such relationship to the POL Board and,
if the POL Board deems it appropriate, that Member shall not
participate in any action relating to that matter.
REGULATION 5. ADVISORY OPINIONS.
A. Requests for Advisory Opinions. Any person may request an
advisory opinion from the POL Board relating to the authority of
a non-lawyer to perform legal and law-related services. Such
requests shall be in writing in a form and in a manner prescribed
by the POL Board and signed by the person requesting the opinion.
B. Board Initiated Advisory Opinions. The POL Board may render
advisory opinions relating to the authority of non-lawyers to
perform legal and law-related services in connection with the
consideration of any complaint or in any investigation made on
its own initiative relating to the unauthorized practice of law
by any person or entity.
C. Notice of Request. The POL Board may give notice to any
person or entity, either personally or by publication, of any
pending request for an advisory opinion or pending POL Board
initiated advisory opinion, and invite written comments regarding
the pending advisory opinion.
D. Pending Controversy. The POL Board may not render an
advisory opinion in any matter that, to its knowledge, is the
subject of or might affect a case or controversy pending in any
court or administrative [attorney disciplinary] proceeding.
E. Public Hearing. The POL Board may conduct a public hearing
at a date and time and in a manner set by the POL Board, designed
to make it accessible to interested parties as determined by the
Board, on any request for an advisory opinion or a POL Board
initiated advisory opinion.
F. POL Board Action. Upon receipt of a proper request for an
advisory opinion, the POL Board may issue an advisory opinion or
proposed advisory opinion, or may decline to issue an advisory
opinion. If the POL Board issues an advisory opinion, it shall
be in writing and shall be transmitted to the person making the
request, or in the case of a POL Board initiated advisory
opinion, it may be transmitted to any person(s) determined by the
POL Board for whose benefit or detriment the advisory opinion was issued.
G. Publication of Advisory Opinions. The POL Board may arrange
for the publication of advisory opinions in the Washington State
Bar News. Opinions so published shall not, insofar as
practicable, identify the party or parities making the inquiry,
the complainant or the respondent.
H. Petitions for Review. Petitions for review of any advisory
opinion issued by the POL Board shall conform with Regulation 7 below.
REGULATION 6. COMPLAINTS.
A. Filing Complaints. Complaints alleging the unauthorized or
unlicensed practice of law shall be submitted to the POL Board,
in writing, in a form and manner prescribed by the POL Board.
B. Investigation. The POL Board may, on its own initiative and
without any complaint being made to it, investigate any
condition, situation or activity involving the unauthorized or
unlicensed practice of law of which it becomes aware in the same
manner as if a complaint had been made under section A above.
C. Initial Review of Complaints. Upon receipt of a complaint,
the Board Administrator shall conduct an initial review to
determine whether it is within the jurisdiction of the POL Board
or may be subject to deferral. If not within the jurisdiction of
the POL Board or if it is subject to deferral, the Board
administrator shall advise the complainant that the matter will
not be opened as a complaint, and the reasons. The complainant
may submit additional information. All such items will be placed
on the next POL Board agenda for review and any action deemed
appropriate by the POL Board. If the complaint is deemed to be
within the jurisdiction of the POL Board and not subject to
deferral, the complaint will be opened for investigation.
D. Request for Response. If a complaint is opened for
investigation, a copy shall be send to the respondent with a
request to respond within 20 days, and with notice that if the
respondent does not respond, the complaint shall be considered
without a response.
E. Report and Written Agreement. The complainant and respondent
shall be interviewed and such other and further review or
investigation may be conducted as is deemed appropriate. A
written report and recommendation will be submitted to the Board,
by transmitting it to the Board Administrator and the Members.
All Members shall have one week (5 working days) to submit
comments respecting the report by transmitting them to the Board
Administrator and the Members. If the report recommends
dismissal of the complaint and there are no adverse comments from
the Members within the comment period, the report and
recommendation shall be deemed adopted by the POL Board and the
chairperson shall immediately notify the complainant and the
respondent, in writing, of the dismissal and the matter shall be
closed. If one or more Members disagree with the recommendation
for dismissal, the matter shall be placed on the agenda of the
next meeting of the POL Board for action by the POL Board. If
the report concludes that there has been an unauthorized or
unlicensed practice of law, the matter shall be placed on the
agenda of the next POL Board meeting for action.
F. POL Board Review. If upon POL Board review of a report and
recommendation, the POL Board concludes that there has been no
unauthorized or unlicensed practice of law, the complaint shall
be dismissed and the chairperson shall so notify the complainant
and the respondent, in writing, and shall close the file. If the
POL Board concludes that there has been unauthorized or
unlicensed practice of law, the POL Board shall proceed in the
following manner:
(1) The POL Board shall attempt through the Chairperson or
his or her designee to persuade the respondent to enter
into a written agreement to refrain from the
objectionable conduct in the future. Such written
agreement shall be prepared by the Chairperson or his
or her designee and may include a stipulation as to
penalties in the event of continued unauthorized or
unlicensed practice of law which is the subject matter
of the agreement or violation of other terms of the agreement.
(2) If the respondent will not enter into a written
agreement as set forth in (1) above, the POL Board may
attempt to arrive at any other satisfactory disposition
as determined by the POL Board. In attempting to
arrive at a satisfactory disposition, the POL Board
may, at a regular or special POL Board meeting, or by a
designated committee, conduct an informal conference
with the respondent, which conference may, in the
discretion of the chairperson or designated committee
chair, be recorded electronically or reported by a
certified court reporter. At such informal conference,
the respondent may be represented by counsel, but the
informal conference shall not be public, nor shall
rules of evidence apply. If the informal conference
was held by a designated committee, the chair shall
render a report, in writing, to the POL Board at the
next POL Board meeting for action. If the POL Board
determines that the respondent has engaged in the
unauthorized or unlicensed practice of law, the POL
Board shall endeavor to have the respondent enter into
a written agreement to refrain from the objectionable
conduct in the future, in the same manner as provided
in (1) above. If, however, the respondent declines to
enter into a written agreement, the POL Board may refer
the matter to the appropriate law enforcement or other
agency in accordance with GR 25(h).
G. Pending Controversy. Notwithstanding the foregoing, the POL
Board may defer an investigation in any matter that, to its
knowledge, is the subject of or might affect a case or
controversy pending in any court or administrative [attorney disciplinary] proceeding.
H. Notice of Board Action.
(1) Notice to Parties. The chairperson shall provide notice to
any complainant who has not been previously notified of dismissal
and each respondent, other than a respondent who has entered into
a written agreement, of POL Board action with respect to the
complaint or self-initiated investigation within ten days of POL
Board action. All such notices of POL Board action shall inform
the recipients of the right to petition for review by the Supreme
Court as prescribed in GR 25(g).
(2) Publication of Notice: The POL Board may, in its
discretion, publish notice of Board action on a complaint
alleging the unauthorized practice of law in the Washington State
Bar News, on the WSBA website, or elsewhere as it deems
appropriate. The Board Administrator has discretion in drafting
notices for publication, and they should include sufficient
information to adequately inform the public of the reasons for
the Board’s action and conclusions.
REGULATION 7. PETITIONS FOR REVIEW.
Petitions for review from any action of the POL Board to the
Supreme Court shall comply with GR 25(g).
REGULATION 8. RECOMMENDATIONS TO THE SUPREME COURT.
A. In General. On the request of the Supreme Court or any
person or organization, or on its own initiative, the POL Board
may recommend that non-lawyers be authorized to engage in certain
defined activities that otherwise constitute the practice of law
as defined in GR 24.
B. Public Hearing. The POL Board may, in its discretion,
conduct a public hearing upon such notice and at a date, time and
in a manner as determined by the POL Board on any self-initiated
action or request for a recommendation to the Supreme Court.
C. Recommendation. Any recommendation forwarded by the POL
Board to the Supreme Court that non-lawyers be authorized to
engage in certain legal or law-related activities that constitute
the practice of law as defined in GR 24 shall set forth the
determining factors required by GR 25(c)(4), and any additional
factors the POL Board deems relevant.
D. Transmittal of Recommendation to the Board of Governors.
Any recommendation from the POL Board pursuant to this Regulation
8 shall be submitted to the WSBA Board of Governors for
consideration and comment before transmission to the Supreme
Court. The recommendation of the POL Board with comments by the
WSBA Board, if any, shall be transmitted to the Supreme Court as
provided in GR 25(c)(4). The WSBA Board of Governors may affirm
the recommendation of the POL Board or recommend that it be
modified or rejected.
[Approved by the Supreme Court December 2, 2004; Adopted amended effective September 1, 2005.]
GR 26
MANDATORY CONTINUING JUDICIAL EDUCATION
Preamble. The protection of the rights of free citizens depends upon the
existence of an independent and competent judiciary. The challenge of
maintaining judicial competence requires ongoing education of judges in the
application of legal principles and the art of judging in order to meet the
needs of a changing society. This rule establishes the minimum requirements
for continuing judicial education of judicial officers.
(a) Minimum Requirement. Each judicial officer shall complete a
minimum of 45 credit hours of continuing judicial education approved by the
Board for Court Education (BCE) every three years, commending January 1 of the
calendar year following the adoption of this rule. If a judicial officer
completes more than 45 such credit hours in a three-year reporting period, up
to 15 hours of the excess credit may be carried forward and applied to the
judicial officer's education requirement for the following three-year reporting
period. At least six credit hours for each three-year reporting period shall
be earned by completing programs in judicial ethics approved by the BCE. The
fifteen credit hours that may be carried forward may include two credit hours
toward the judicial ethics requirement.
(b) Judicial College Attendance.
1) A judicial officer shall attend and complete the Washington Judicial
College program within twelve months of the initial appointment or
election to the judicial office.
2) A judicial officer who attended the Washington Judicial College
during his or her term of office in a court of limited jurisdiction shall
attend and complete the Washington Judicial College within twelve months
of any subsequent appointment or election to the Superior Court. A
judicial officer who attended the Washington Judicial College during his
or her term of office in the Superior Court shall attend and complete the
Washington Judicial College within twelve months of any subsequent
appointment or election as a judicial officer in a court of limited
jurisdiction. A judicial officer who attended the Washington Judicial
College during his or her term of office in a superior court or court of
limited jurisdiction and is subsequently appointed or elected to an
appellate court position is not required to attend the Washington Judicial College.
3) A judicial officer of a District Court, Municipal Court, Superior
Court, or an appellate court, who has been a judicial officer at the time
of the adoption of this rule for less than four years but has not attended
the Washington Judicial College, shall attend and complete the Washington
Judicial College program within twelve months of the adoption of this rule.
(c) Accreditation. BCE shall, subject to the approval of the Supreme
Court, establish and publish standards for accreditation of continuing judicial
education programs and may choose to award continuing judicial education
credits for self-study or teaching. Continuing judicial education credit shall
be given for programs BCE determines enhance the knowledge and skills that are
relevant to the judicial office.
(d) Compliance Report. Each judicial officer shall file a report with
the Administrative Office of the Courts (AOC) on or before January 31 each year
in such form as the Administrative Office of the Courts shall prescribe
concerning the judicial officer's progress toward the continuing judicial
education requirements of sections (a) and (b) of this rule during the previous
calendar year. If a judicial officer does not respond by January 31, their
credits will be confirmed by default. Judicial officers who do not have the
requisite number of hours at the end of their three-year reporting period will
have until March 1 to make up the credits for the previous three-year reporting
period. These credits will not count toward their current three-year reporting
period. AOC shall publish a report with the names of all judicial officers who
do not fulfill the requirements of sections (a) and (b) of this rule. The AOC
report shall be disseminated by means that may include, but are not limited to,
publishing on the Washington Courts Internet web site, publishing the
information as part of any voter's guide produced by or under the direction of
the Administrative Office of the Courts, and releasing the information in
electronic or printed form to media organizations throughout the Washington State.
(e) Delinquency. Failure to comply with the requirements of this rule
may be deemed a violation of the Code of Judicial Conduct that would subject a
judicial officer to sanction by the Commission on Judicial Conduct.
(f) Definition. The term "judicial officer" as used in this rule shall
not include judges pro tempore but shall otherwise include all full or part
time appointed or elected justices, judges, court commissioners, and magistrates.
[Adopted effective July 1, 2002; December 31, 2003; amended November 7, 2002; December 31, 2007.]
26_STDS WASHINGTON STATE JUDICIAL EDUCATION MANDATORY CONTINUING JUDICIAL EDUCATION STANDARDS (IN WORD FORMAT) The contents of this item are only available on-line.
GR 27
FAMILY LAW COURTHOUSE FACILITATORS
(a) Generally. RCW 26.12.240 provides a county may create a
courthouse facilitator program to provide basic services to pro
se litigants in family law cases. This Rule applies only to
courthouse facilitator programs created pursuant to RCW
26.12.240.
(b) The Washington State Supreme Court shall create a Family
Courthouse Facilitator Advisory Committee supported by the
Administrative Office of the Courts to establish minimum
qualifications and administer a curriculum of initial and ongoing
training requirements for family law courthouse facilitators.
The Administrative Office of the Courts shall assist counties in
administering family law courthouse facilitator programs.
(c) Definitions. For the purpose of this rule the following
definitions apply:
(1) A Family Law Courthouse Facilitator is an individual or
individuals who has or have met or exceeded the minimum
qualifications and completed the curriculum developed by the
Administrative Office of the Courts and who is or are
providing basic services in family law cases in a Superior
Court.
(2) Family Law Cases include, but not limited to, dissolution
of marriage, modification of dissolution matters such as child
support, parenting plans, non-parental custody or visitation,
and parentage by unmarried persons to establish paternity,
child support, child custody and visitation.
(3) “Basic Service” includes but is not limited to:
a) referral to legal and social service resources, including
lawyer referral and alternate dispute referral programs and
resources on obtaining family law forms and instructions;
b) assistance in calculating child support using standardized
computer based program based on financial information provided by
the pro se litigant;
c) processing interpreter requests for facilitator assistance
and court hearings ;
d) assistance in selection as well as distribution of forms and
standardized instructions that have been approved by the court,
clerk’s office, or the Administrative Office of the Courts;
e) assistance in completing forms that have been approved by
the court, clerk’s office, or the Administrative Office of the
Courts;
f) explanation of legal terms;
g) information on basic court procedures and logistics
including requirements for service, filing, scheduling hearings
and complying with local procedures;
h) review of completed forms to determine whether forms have
been completely filled out but not as to substantive content with
respect to the parties’ legal rights and obligations;
i) previewing pro se documents prior to hearings for matters
such as dissolution of marriage and show cause and temporary
relief motions calendars under the direction of the Clerk or
Court to determine whether procedural requirements have been
complied with
j) attendance at pro se hearings to assist the Court
with pro se matters.
k) assistance with preparation of court orders under
the direction of the Court.
l) preparation of pro se instruction packets under the
direction of the Administrative Office of the Courts.
(d) Family Law Courthouse Facilitators shall, whenever reasonably
practical, obtain a written and signed disclaimer of attorney-
client relationship, attorney-client confidentiality and
representation from each person utilizing the services of the
Family Law Courthouse Facilitator. The prescribed disclaimer
shall be in the format developed by the Administrative Office of
the Courts.
(e) No attorney-client relationship or privilege is created, by
implication or by inference, between a Family Law Courthouse
Facilitator providing basic services under this rule and the
users of Family Law Courthouse Facilitator Program services.
(f) Family law courthouse facilitators providing basic services
under this rule are not engaged in the unauthorized practice of
law. Upon a courthouse facilitator’s voluntary or involuntary
termination from a courthouse facilitator program, that person is
no longer a courthouse facilitator providing services pursuant to
RCW 26.12.240 or this Rule.
[Adopted effective September 1, 2002.]
GR 28
Jury Service Postponement, Excusal, and Disqualification
[a] Scope of rule. This rule addresses the procedures
for postponing and excusing jury service under RCW
2.36.100 and 2.36.110 and for disqualifying potential
jurors under RCW 2.36.070 (basic statutory
qualifications).
[b] Delegation of authority to postpone, excuse, or
disqualify.
(1) The judges of a court may delegate to court staff
and county clerks their authority to disqualify,
postpone, or excuse a potential juror from jury
service.
(2) Any delegation of authority under this rule must
be written and must specify the criteria for making
these decisions.
(3) Judges may not delegate decision-making authority
over any grounds for peremptory challenges or
challenges for cause that fall outside the scope of
this rule.
[c] Grounds for postponement of service.
(1) Postponement of service for personal or work-related
inconvenience should be liberally granted when
requested in a timely manner.
(2) Postponement shall be to a specified period of
time within the twelve-month period pursuant to RCW
2.36.100(2).
[d] Grounds for excusal from service.
(1) Excusal from jury service shall be limited and shall
be allowed only when justified by the criteria
established in RCW 2.36.100(1) and 2.36.110.
[e] Grounds for disqualification of potential jurors.
[Reserved. See RCW 2.36.070.]
[Adopted effective October 1, 2002]
General Rule 29
PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND
LIMITED JURISDICTION COURT DISTRICT
(a) Election, Term, Vacancies, Removal and Selection Criteria - Multiple
Judge Courts.
(1) Election. Each superior court district and each limited jurisdiction
court district (including municipalities operating municipal courts) having
more than one judge shall establish a procedure, by local court rule, for
election, by the judges of the district, of a Presiding Judge, who shall
supervise the judicial business of the district. In the same manner, the judges
shall elect an Assistant Presiding Judge of the district who shall serve as
Acting Presiding Judge during the absence or upon the request of the Presiding
Judge and who shall perform such further duties as the Presiding Judge, the
Executive Committee, if any, or the majority of the judges shall direct. If
the judges of a district fail or refuse to elect a Presiding Judge, the Supreme
Court shall appoint the Presiding Judge and Assistant Presiding Judge.
(2) Term. The Presiding Judge shall be elected for a term of not less than
two years, subject to reelection. The term of the Presiding Judge shall
commence on January 1 of the year in which the Presiding Judge's term begins.
(3) Vacancies. Interim vacancies of the office of Presiding Judge or
Acting Presiding Judge shall be filled as provided in the local court rule in (a)(1).
(4) Removal. The Presiding Judge may be removed by a majority vote of the
judges of the district unless otherwise provided by local court rule.
(5) Selection Criteria. Selection of a Presiding Judge should be based on
the judge's 1) management and administrative ability, 2) interest in serving in
the position, 3) experience and familiarity with a variety of trial court
assignments, and 4) ability to motivate and educate other judicial officers and
court personnel. A Presiding Judge must have at least four years of experience
as a judge, unless this requirement is waived by a majority vote of the judges
of the court.
Commentary
It is the view of the committee that the selection and duties of a presiding
judge should be enumerated in a court rule rather than in a statute. It is
also our view that one rule should apply to all levels of court and include
single judge courts. Therefore, the rule should be a GR (General Rule). The
proposed rule addresses the process of selection/removal of a presiding judge
and an executive committee. It was the intent of the committee to provide some
flexibility to local courts wherein they could establish, by local rule, a
removal process. Additionally, by delineating the selection criteria for the
presiding judge, the committee intends that a rotational system of selecting a
presiding judge is not advisable.
(b) Selection and Term - Single Judge Courts. In court districts or
municipalities having only one judge, that judge shall serve as the Presiding
Judge for the judge's term of office.
(c) Notification of Chief Justice. The Presiding Judge so elected shall
send notice of the election of the Presiding Judge and Assistant Presiding
Judge to the Chief Justice of the Supreme Court within 30 days of election.
(d) Caseload Adjustment. To the extent possible, the judicial caseload
should be adjusted to provide the Presiding Judge with sufficient time and
resources to devote to the management and administrative duties of the office.
Commentary
Whether caseload adjustments need to be made depends on the size and workload
of the court. A recognition of the additional duties of the Presiding Judge by
some workload adjustment should be made by larger courts. For example, the
Presiding Judge could be assigned a smaller share of civil cases or a block of
time every week could be set aside with no cases scheduled so the Presiding
Judge could attend to administrative matters.
(e) General Responsibilities. The Presiding Judge is responsible for
leading the management and administration of the court's business, recommending
policies and procedures that improve the court's effectiveness, and allocating
resources in a way that maximizes the court's ability to resolve disputes
fairly and expeditiously.
(f) Duties and Authority. The judicial and administrative duties set
forth in this rule cannot be delegated to persons in either the legislative or
executive branches of government. A Presiding Judge may delegate the
performance of ministerial duties to court employees; however, it is still the
Presiding Judge's responsibility to ensure they are performed in accordance
with this rule. In addition to exercising general administrative supervision
over the court, except those duties assigned to clerks of the superior court
pursuant to law, the Presiding Judge shall:
(1) Supervise the business of the judicial district and judicial officers
in such manner as to ensure the expeditious and efficient processing of all
cases and equitable distribution of the workload among judicial officers;
(2) Assign judicial officers to hear cases pursuant to statute or rule.
The court may establish general policies governing the assignment of judges;
(3) Coordinate judicial officers' vacations, attendance at education
programs, and similar matters;
(4) Develop and coordinate statistical and management information;
(5) Supervise the daily operation of the court including:
(a) All personnel assigned to perform court functions; and
(b) All personnel employed under the judicial branch of government, including
but not limited to working conditions, hiring, discipline, and termination
decisions except wages, or benefits directly related to wages; and
(c) The court administrator, or equivalent employee, who shall report
directly to the Presiding Judge.
Commentary
The trial courts must maintain control of the working conditions for their
employees. For some courts this includes control over some wage-related
benefits such as vacation time. While the executive branch maintains control
of wage issues, the courts must assert their control in all other areas of
employee relations.
With respect to the function of the court clerk, generally the courts of
limited jurisdiction have direct responsibility for the administration of their
clerk's office as well as the supervision of the court clerks who work in the
courtroom. In the superior courts, the clerk's office may be under the
direction of a separate elected official or someone appointed by the local
judges or local legislative or executive authority. In those cases where the
superior court is not responsible for the management of the clerk's office, the
presiding judge should communicate to the county clerk any concerns regarding
the performance of statutory court duties by county clerk personnel.
A model job description, including qualification and experience criteria, for
the court administrator position shall be established by the Board for Judicial
Administration. A model job description that generally describes the
knowledge, skills, and abilities of a court administrator would provide
guidance to Presiding Judges in modifying current job duties/responsibilities
or for courts initially hiring a court administrator or replacing a court administrator.
(6) Supervise the court's accounts and auditing the procurement and
disbursement of appropriations and preparation of the judicial district's
annual budget request;
(7) Appoint standing and special committees of judicial officers
necessary for the proper performance of the duties of the judicial district;
(8) Promulgate local rules as a majority of the judges may approve or as
the Supreme Court shall direct;
(9) Supervise the preparation and filing of reports required by statute
and court rule;
(10) Act as the official spokesperson for the court in all matters with
the executive or legislative branches of state and local government and the
community unless the Presiding Judge shall designate another judge to serve in
this capacity;
Commentary
This provision recognizes the Presiding Judge as the official spokesperson for
the court. It is not the intent of this provision to preclude other judges
from speaking to community groups or executive or legislative branches of state
or local government.
(11) Preside at meetings of the judicial officers of the district;
(12) Determine the qualifications of and establish a training program for
pro tem judges and pro tem court commissioners; and
(13) Perform other duties as may be assigned by statute or court rule.
Commentary
The proposed rule also addresses the duties and general responsibilities of the
presiding judge. The language in subsection (d), (e), (f) and (g) was intended
to be broad in order that the presiding judge may carry out his/her
responsibilities. There has been some comment that individual courts should
have the ability to change the "duties and general responsibilities"
subsections by local rule. While our committee has not had an opportunity to
discuss this fully, this approach has a number of difficulties:
. It would create many "Presiding Judge Rules" all of which are different.
. It could subject some municipal and district court judges to pressure from
their executive and/or legislative authority to relinquish authority over areas
such as budget and personnel.
. It would impede the ability of the BJA through AOC to offer consistent
training to incoming presiding judges.
The Unified Family Court subgroup of the Domestic Relations Committee suggested
the presiding judge is given specific authority to appoint judges to the family
court for long periods of time. Again the committee has not addressed the
proposal; however, subsections (e) and (f) do give the presiding judge broad
powers to manage the judicial resources of the court, including the assignment
of judges to various departments.
(g) Executive Committee. The judges of a court may elect an executive
committee consisting of other judicial officers in the court to advise the
Presiding Judge. By local rule, the judges may provide that any or all of the
responsibilities of the Presiding Judge be shared with the Executive Committee
and may establish additional functions and responsibilities of the Executive Committee.
Commentary
Subsection (g) provides an option for an executive committee if the presiding
judge and/or other members of the bench want an executive committee.
(h) Oversight of judicial officers. It shall be the duty of the Presiding
Judge to supervise judicial officers to the extent necessary to ensure the
timely and efficient processing of cases. The Presiding Judge shall have the
authority to address a judicial officer's failure to perform judicial duties
and to propose remedial action. If remedial action is not successful, the
Presiding Judge shall notify the Commission on Judicial Conduct of a judge's
substantial failure to perform judicial duties, which includes habitual neglect
of duty or persistent refusal to carry out assignments or directives made by
the Presiding Judge, as authorized by this rule.
(i) Multiple Court Districts. In counties that have multiple court
districts, the judges may, by majority vote of each court, elect to conduct the
judicial business collectively under the provisions of this rule.
(j) Multiple Court Level Agreement. The judges of the superior, district,
and municipal courts or any combination thereof in a superior court judicial
district may, by majority vote of each court, elect to conduct the judicial
business collectively under the provisions of this rule.
(k) Employment Contracts. A part-time judicial officer may contract with a
municipal or county authority for salary and benefits. The employment contract
shall not contain provisions which conflict with this rule, the Code of
Judicial Conduct or statutory judicial authority, or which would create an
impropriety or the appearance of impropriety concerning the judge's activities.
The employment contract should acknowledge the court is a part of an
independent branch of government and that the judicial officer or court
employees are bound to act in accordance with the provisions of the Code of
Judicial Conduct and Washington State Court rules.
[Adopted effective April 30, 2002; amended effective May 5, 2009.]
GR 30
ELECTRONIC FILING
(a) Definitions
(1) "Digital signature" is defined in RCW 19.34.020.
(2) "Electronic Filing" is the electronic transmission of information to a
court or clerk for case processing.
(3) "Electronic Document" is an electronic version of information
traditionally filed in paper form, except for documents filed by facsimile
which are addressed in GR 17. An electronic document has the same legal effect
as a paper document.
(4) "Electronic Filing Technical Standards" are those standards, not
inconsistent with this rule, adopted by the Judicial Information System
committee to implement electronic filing.
(5) "Filer" is the person whose user ID and password are used to file an
electronic document.
Comment
The form of "digital signature" that is acceptable is not limited to
the procedure defined by chapter 19.34 RCW, but may include
other equivalently reliable forms of authentication as adopted by
local court rule or general.
(b) Electronic filing authorization, exception, service, and technology equipment.
(1) The clerk may accept for filing an electronic document that complies with
the Court Rules and the Electronic Filing Technical Standards.
(2) A document that is required by law to be filed in non-electronic media
may not be electronically filed.
Comment
Certain documents are required by law to be filed in non-electronic media. Examples
are original wills, certified records of proceedings for purposes of appeal, negotiable
instruments, and documents of foreign governments under official seal.
(3) Electronic Transmission from the Court. The clerk may electronically
transmit notices, orders, or other documents to a party who has filed
electronically, or has agreed to accept electronic documents from the court,
and has provided the clerk the address of the party's electronic mailbox. It
is the responsibility of the filing or agreeing party to maintain an electronic
mailbox sufficient to receive electronic transmissions of notices, orders, and other documents.
(4) Electronic Service by Parties. Parties may electronically serve documents
on other parties of record only by agreement.
(5) A court may adopt a local rule that mandates electronic filing by
attorneys provided that the attorneys are not additionally required to file
paper copies except for those documents set forth in (b)(2). The local rule
shall not be inconsistent with this Rule and the Electronic Filing Technical
Standards, and the local rule shall permit paper filing upon a showing of good
cause. Electronic filing should not serve as a barrier to access.
Comment
When adopting electronic filing requirements, courts should refrain from requiring
counsel to provide duplicate paper pleadings as "working copies" for judicial officers.
(c) Time of Filing, Confirmation, and Rejection.
(1) An electronic document is filed when it is received by the clerk's
designated computer during the clerk's business hours; otherwise the document
is considered filed at the beginning of the next business day.
(2) The clerk shall issue confirmation to the filing party that an electronic
document has been received.
(3) The clerk may reject a document that fails to comply with applicable electronic
filing requirements. The clerk must notify the filing party of the rejection and
the reason therefor.
(d) Authentication of Electronic Documents.
(1) Procedures
(A) A person filing an electronic document must have received a user ID and
password from a government agency or a person delegated by such agency in order
to use the applicable electronic filing service.
Comment
The committee encourages local clerks and courts to develop a protocol for uniform
statewide single user ID's and passwords.
(B) All electronic documents must be filed by using the user ID and password
of the filer.
(C) A filer is responsible for all documents filed with his or her user ID
and password. No one shall use the filer's user ID and password without the
authorization of the filer.
(2) Signatures
(A) Attorney Signatures - An electronic document which requires an attorney's
signature may be signed with a digital signature or signed in the following manner:
s/ John Attorney
State Bar Number 12345
ABC Law Firm
123 South Fifth Avenue
Seattle, WA 98104
Telephone: (206) 123-4567
Fax: (206) 123-4567
E-mail: John.Attorney@lawfirm.com
(B) Non-attorney signatures - An electronic document which requires a non-
attorney's signature and is not signed under penalty of perjury may be signed
with a digital signature or signed in the following manner:
s/ John Citizen
123 South Fifth Avenue
Seattle, WA 98104
Telephone: (206) 123-4567
Fax: (206) 123-4567
E-mail: John.Citizen@email.com
(C) Non-attorney signatures on documents signed under penalty of perjury -
Except as set forth in (d)(2)(D) of this rule, if the original document
requires the signature of a non-attorney signed under penalty of perjury, the
filer must either:
(i) Scan and electronically file the entire document, including the signature
page with the signature, and maintain the original signed paper document for
the duration of the case, including any period of appeal, plus sixty (60) days
thereafter; or
(ii) Ensure the electronic document has the digital signature of the signer.
(D) Law enforcement officer signatures on documents signed under penalty of perjury.
(i) A citation or notice of infraction initiated by an arresting or citing
officer as defined in IRLJ 1.2(j) and in accordance with CrRLJ 2.1 or IRLJ 2.1
and 2.2 is presumed to have been signed when the arresting or citing officer
uses his or her user id and password to electronically file the citation or
notice of infraction.
(ii) Any document initiated by a law enforcement officer is presumed to have
been signed when the officer uses his or her user ID and password to
electronically submit the document to a court or prosecutor through the
Statewide Electronic Collision & Traffic Online Records application, the
Justice Information Network Data Exchange, or a local secured system that the
presiding judge designates by local rule. Unless otherwise specified, the
signature shall be presumed to have been made under penalty of perjury under
the laws of the State of Washington and on the date and at the place set forth
in the citation.
(E) Multiple signatures - If the original document requires multiple
signatures, the filer shall scan and electronically file the entire document,
including the signature page with the signatures, unless:
(i) The electronic document contains the digital signatures of all signers; or
(ii) For a document that is not signed under penalty of perjury, the signator
has the express authority to sign for an attorney or party and represents having
that authority in the document.
If any of the non-digital signatures are of non-attorneys, the filer shall maintain
the original signed paper document for the duration of the case, including any
period of appeal, plus sixty (60) days thereafter.
(F) Court Facilitated Electronically Captured Signatures - An electronic document
that requires a signature may be signed using electronic signature pad equipment
that has been authorized and facilitated by the court. This document may be
electronically filed as long as the electronic document contains the electronic
captured signature.
(3) An electronic document filed in accordance with this rule shall bind the
signer and function as the signer's signature for any purpose, including CR 11.
An electronic document shall be deemed the equivalent of an original signed
document if the filer has complied with this rule. All electronic documents
signed under penalty of perjury must conform to the oath language requirements
set forth in RCW 9A.72.085 and GR 13.
(e) Filing fees, electronic filing fees.
(1) The clerk is not required to accept electronic documents that require a
fee. If the clerk does accept electronic documents that require a fee, the
local courts must develop procedures for fee collection that comply with the
payment and reconciliation standards established by the Administrative Office
of the Courts and the Washington State Auditor.
(2) Anyone entitled to waiver of non-electronic filing fees will not be
charged electronic filing fees. The court or clerk shall establish an
application and waiver process consistent with the application and waiver
process used with respect to non-electronic filing and filing fees.
[Adopted effective September 1, 2003; December 4, 2007; September 1, 2011.]
GR 31
ACCESS TO COURT RECORDS
(a) Policy and Purpose. It is the policy of the courts to
facilitate access to court records as provided by Article I,
Section 10 of the Washington State Constitution. Access to
court records is not absolute and shall be consistent with
reasonable expectations of personal privacy as provided by
article 1, Section 7 of the Washington State Constitution
and shall not unduly burden the business of the courts.
(b) Scope. This rule applies to all court records, regardless
of the physical form of the court record, the method of
recording the court record or the method of storage of the
court record. Administrative records are not within the
scope of this rule. Court records are further governed by GR 22.
(c) Definitions.
(1) "Access" means the ability to view or obtain a copy of
a court record.
(2) "Administrative record" means any record pertaining to
the management, supervision or administration of the
judicial branch, including any court, board, or
committee appointed by or under the direction of any
court or other entity within the judicial branch, or
the office of any county clerk.
(3) "Bulk distribution" means distribution of all, or a
significant subset, of the information in court
records, as is and without modification.
(4) "Court record" includes, but is not limited to: (i)
Any document, information, exhibit, or other thing that
is maintained by a court in connection with a judicial
proceeding, and (ii) Any index, calendar, docket,
register of actions, official record of the
proceedings, order, decree, judgment, minute, and any
information in a case management system created or
prepared by the court that is related to a judicial
proceeding. Court record does not include data
maintained by or for a judge pertaining to a particular
case or party, such as personal notes and
communications, memoranda, drafts, or other working
papers; or information gathered, maintained, or stored
by a government agency or other entity to which the
court has access but which is not entered into the record.
(5) "Criminal justice agencies" are government agencies
that perform criminal justice functions pursuant to
statute or executive order and that allocate a
substantial part of their annual budget to those functions.
(6) "Dissemination contract" means an agreement between a
court record provider and any person or entity, except
a Washington State court (Supreme Court, court of
appeals, superior court, district court or municipal
court), that is provided court records. The essential
elements of a dissemination contract shall be
promulgated by the JIS Committee.
(7) "Judicial Information System (JIS) Committee" is the
committee with oversight of the statewide judicial
information system. The judicial information system is
the automated, centralized, statewide information
system that serves the state courts.
(8) "Judge" means a judicial officer as defined in the Code
of Judicial Conduct (CJC) Application of the Code of
Judicial Conduct Section (A).
(9) "Public" includes an individual, partnership, joint
venture, public or private corporation, association,
federal, state, or local governmental entity or agency,
however constituted, or any other organization or group
of persons, however organized.
(10) "Public purpose agency" means governmental agencies
included in the definition of "agency" in RCW 42.17.020
and other non-profit organizations whose principal
function is to provide services to the public.
(d) Access.
(1) The public shall have access to all court records
except as restricted by federal law, state law, court
rule, court order, or case law.
(2) Each court by action of a majority of the judges may
from time to time make and amend local rules governing
access to court records not inconsistent with this rule.
(3) A fee may not be charged to view court records at the courthouse.
(e) Personal Identifiers Omitted or Redacted from Court Records
(1) Except as otherwise provided in GR 22, parties shall
not include, and if present shall redact, the following
personal identifiers from all documents filed with the
court, whether filed electronically or in paper, unless
necessary or otherwise ordered by the Court.
(A) Social Security Numbers. If the Social Security
Number of an individual must be included in a
document, only the last four digits of that number
shall be used.
(B) Financial Account Numbers. If financial account
numbers are relevant, only the last four digits
shall be recited in the document.
(C) Driver's License Numbers.
(2) The responsibility for redacting these personal
identifiers rests solely with counsel and the parties.
The Court or the Clerk will not review each pleading
for compliance with this rule. If a pleading is filed
without redaction, the opposing party or identified
person may move the Court to order redaction. The
court may award the prevailing party reasonable
expenses, including attorney fees and court costs,
incurred in making or opposing the motion.
COMMENT
This rule does not require any party,
attorney, clerk, or judicial officer
to redact information from a court
record that was filed prior to the
adoption of this rule.
(f) Distribution of Court Records Not Publicly Accessible
(1) A public purpose agency may request court
records not publicly accessible for scholarly,
governmental, or research purposes where the
identification of specific individuals is ancillary to
the purpose of the inquiry. In order to grant such
requests, the court or the Administrator for the Courts must:
(A) Consider: (i) the extent to which access will
result in efficiencies in the operation of the
judiciary; (ii) the extent to which access will
fulfill a legislative mandate; (iii) the extent to
which access will result in efficiencies in other
parts of the justice system; and (iv) the risks
created by permitting the access.
(B) Determine, in its discretion, that filling the
request will not violate this rule.
(C) Determine the minimum access to restricted court
records necessary for the purpose is provided to
the requestor.
(D) Assure that prior to the release of court records
under section (f) (1), the requestor has executed
a dissemination contract that includes terms and
conditions which: (i) require the requester to
specify provisions for the secure protection of
any data that is confidential; (ii) prohibit the
disclosure of data in any form which identifies an
individual; (iii) prohibit the copying,
duplication, or dissemination of information or
data provided other than for the stated purpose;
and (iv) maintain a log of any distribution of
court records which will be open and available for
audit by the court or the Administrator of the
Courts. Any audit should verify that the court
records are being appropriately used and in a
manner consistent with this rule.
(2) Courts, court employees, clerks and clerk employees,
and the Commission on Judicial Conduct may access and
use court records only for the purpose of conducting
official court business.
(3) Criminal justice agencies may request court records not
publicly accessible.
(A) The provider of court records shall approve the
access level and permitted use for classes of
criminal justice agencies including, but not
limited to, law enforcement, prosecutors, and
corrections. An agency that is not included in a
class may request access.
(B) Agencies requesting access under this section of
the rule shall identify the court records
requested and the proposed use for the court records.
(C) Access by criminal justice agencies shall be
governed by a dissemination contract. The
contract shall: (i) specify the data to which
access is granted; (ii) specify the uses which the
agency will make of the data; and (iii) include
the agency's agreement that its employees will
access the data only for the uses specified.
(g) Bulk Distribution of Court Records
(1) A dissemination contract and disclaimer approved by the JIS
Committee for JIS records or a dissemination contract and
disclaimer approved by the court clerk for local records must
accompany all bulk distribution of court records.
(2) A request for bulk distribution of court records may be
denied if providing the information will create an undue burden
on court or court clerk operations because of the amount of
equipment, materials, staff time, computer time or other
resources required to satisfy the request.
(3) The use of court records, distributed in bulk form, for the
purpose of commercial solicitation of individuals named in the
court records is prohibited.
(h) Appeals. Appeals of denials of access to JIS records
maintained at state level shall be governed by the rules and
policies established by the JIS Committee.
(i) Notice. The Administrator for the Courts shall develop a
method to notify the public of access to court records and
the restrictions on access.
(j) Access to Juror Information. Individual juror information,
other than name, is presumed to be private. After the
conclusion of a jury trial, the attorney for a party, or
party pro se, or member of the public, may petition the
trial court for access to individual juror information under
the control of court. Upon a showing of good cause, the
court may permit the petitioner to have access to relevant
information. The court may require that juror information
not be disclosed to other persons.
(k) Access to Master Jury Source List. Master jury source list
information, other than name and address, is presumed to be
private. Upon a showing of good cause, the court may permit
a petitioner to have access to relevant information from the
list. The court may require that the information not be
disclosed to other persons.
[Adopted effective October 26, 2004; amended effective January 3, 2006.]
General Rule 32
Court Performance Audits
Pursuant to the provision of RCW Chapter 2.56 and
to ensure that minimum service levels for the
administration of justice are in place, the
Administrative Office of the Courts (AOC) is
directed to conduct performance audits of courts
under the authority of the Supreme Court, in
conformity with criteria and methods developed by
the Board for Judicial Administration which have
been approved by the Supreme Court.
[Adopted Effective March 30, 2004]
GR 33
Requests for Accommodation by Persons with Disabilities
(a) Definitions. The following definitions shall apply under this rule:
(1) "Accommodation" means measures to make each court service, program, or
activity, when viewed in its entirety, readily accessible to and usable by a
person with a disability, and may include but is not limited to:
(A) making reasonable modifications in policies, practices, and procedures;
(B) furnishing, at no charge, auxiliary aids and services, including but
not limited to equipment, devices, materials in alternative formats,
qualified interpreters, or readers; and
(C) as to otherwise unrepresented parties to the proceedings,
representation by counsel, as appropriate or necessary to making each
service, program, or activity, when viewed in its entirety, readily
accessible to and usable by a person with a disability.
(2) "Person with a disability" means a person with a sensory, mental or
physical disability as defined by the Americans with Disabilities Act of 1990
(42 U.S.C. §§12101-12213), the Washington Law Against Discrimination (RCW
49.60 et seq.), or other similar local, state, or federal laws.
(3) "Proceedings Applicant" means any lawyer, party, witness, juror, or any
other individual who is participating in any proceeding before any court.
(4) "Public Applicant" means any other person seeking accommodation.
(b) Process for Requesting Accommodation.
(1) Persons seeking accommodation may proceed under this rule. Local
procedures not inconsistent with this rule may be adopted by courts to
supplement the requirements of this rule. A disputed or denied request for
accommodation is automatically subject to review under the procedures set out
in subsections (d) and (e) of this rule.
(2) An application requesting accommodation may be presented ex parte in
writing, or orally and reduced to writing, on a form approved by the
Administrative Office of the Courts, to the presiding judge or officer of the
court or his or her designee.
(3) An application for accommodation shall include a description of the
accommodation sought, along with a statement of the disability necessitating
the accommodation. The court may require the applicant to provide additional
information about the qualifying disability to help assess the appropriate
accommodation. Medical and other health information shall be submitted under a
cover sheet created by the Administrative Office of the Courts for use by
applicants designated "SEALED MEDICAL AND HEALTH INFORMATION" and such
information shall be sealed automatically. The court may order that such
information be sealed if it has not previously automatically been sealed.
(4) An application for accommodation should be made as far in advance as practical.
(c) Consideration. A request for accommodation shall be considered and
acted upon as follows:
(1) In determining whether to grant an accommodation and what accommodation to
grant, the court shall:
(A) consider, but not be limited by, the provisions of the Americans with
Disabilities Act of 1990 (§ 42 U.S.C. 12101 et seq.), RCW 49.60 et seq., and
other similar local, state, and federal laws;
(B) give primary consideration to the accommodation requested by the applicant; and
(C) make its decision on an individual- and case-specific basis with due
regard to the nature of the applicant's disability and the feasibility of the
requested accommodation.
(2) If an application for accommodation by a proceedings applicant is submitted
five (5) or more court days prior to the scheduled date of the proceeding for
which the accommodation is sought, and if the applicant otherwise is entitled
under this rule to the accommodation requested, the accommodation shall be
provided unless:
(A) it is impossible for the court to provide the requested accommodation
on the date of the proceeding; and
(B) the proceeding cannot be continued without prejudice to a party to the proceeding.
(3) If an application for accommodation by a proceedings applicant is submitted
fewer than five (5) court days prior to the scheduled date of the proceeding
for which the accommodation is requested, and if the applicant otherwise is
entitled under this rule to the accommodation requested, the accommodation
shall be provided unless:
(A) it is impractical for the court to provide the requested accommodation on
the date of the proceeding; and
(B) the proceeding cannot be continued without prejudice to a party to the proceeding.
(4) If a requested accommodation is not provided by the court under subsection
(c)(2) or (c)(3) of this rule, the court must offer the applicant an
alternative accommodation.
(d) Denial: Proceedings Applicants. Except as otherwise set forth in
subsection (c)(2) or (c)(3) of this rule, an application for accommodation by a
proceedings applicant may be denied only if the court finds that:
(1) the applicant has failed to satisfy the substantive requirements of this rule;
(2) the requested accommodation would create an undue financial or administrative burden;
(3) the requested accommodation would fundamentally alter the nature of the
court service, program, or activity; or
(4) permitting the applicant to participate in the proceeding with the
requested accommodation would create a direct threat to the health or
safety or well being of the applicant or others.
(e) Decision: Proceedings Applicants. The court shall, in writing or on the
record, inform the applicant and the court personnel responsible for
implementing accommodations that the request for accommodation has been granted
or denied, in whole or in part, and the nature and scope of the accommodation
to be provided, if any. The decision shall be entered in the proceedings file,
if any, or in the court's administrative files. If the court denies a requested
accommodation pursuant to subsection (d) of this rule, the decision shall
specify the reasons for the denial. If a requested accommodation is not provided
by the court under subsection (c)(2) or (c)(3) of this rule, the court shall state:
(1) the facts and/or circumstances that make the accommodation impossible
under subsection (c)(2) or impractical under subsection (c)(3); and
(2) the reasons why the proceeding cannot be continued without prejudicing
a party to the proceeding.
(f) Decision: Public Applicants. A public applicant should be
accommodated consistent with the Americans with Disabilities Act of 1990 (42
USC §§12101-12213) and the Washington Law Against Discrimination (RCW 49.60 et
seq). The applicant shall, orally or in writing, be informed that the request
for accommodation has been granted or denied. If requested, a written
statement of reasons for denial shall be provided.
Comment
[1] Access to justice for all persons is a fundamental right. It is the policy
of the courts of this state to assure that persons with disabilities have equal
and meaningful access to the judicial system. Nothing in this rule shall be
construed to limit or invalidate the remedies, rights, and procedures accorded
to any person with a disability under local, state, or federal law.
[2] Supplemental informal procedures for handling accommodation requests may be
less onerous for both applicants and court administration. Courts are strongly
encouraged to adopt an informal grievance process for public applicants whose
requested accommodation is denied.
[Adopted effective September 1, 2007; amended effective December 28, 2010.]
GR 34
Waiver of Court and Clerk's Fees and Charges in
Civil Matters on the Basis of Indigency
(a) Any individual, on the basis of indigent status as defined herein, may
seek a waiver of filing fees or surcharges the payment of which is a condition
precedent to a litigant's ability to secure access to judicial relief from a
judicial officer in the applicable trial court.
(1) The application for such a waiver may be made ex parte in writing
or orally, accompanied by a mandatory pattern form created by the
Administrative Office of the Courts (AOC) whereby the applicant attests to
his or her financial status or, in the case of an individual represented by
a qualified legal services provider ("QLSP") or an attorney working in
conjunction with a QLSP, a declaration of counsel stating that the
individual was screened and found eligible by the QLSP.
(2) The court shall accept an application submitted in person, by
mail and where authorized by local court rule not inconsistent with GR 30,
electronic filing. The process for presentation of the application shall
conform to local court rules and clerk processes not inconsistent with the
rules of this court for presenting ex parte orders to the court directly or
via the clerk. All applications shall be presented to a judicial officer
for consideration in a timely manner and in conformity with the local
court's established procedures. There shall be no locally imposed fee for
making an application. The applicant or applicant's attorney filing by
mail, shall provide the court with a self-addressed stamped envelope for
timely return of a conformed copy of the order.
COMMENT
This rule establishes the process by which judicial officers may
waive civil filing fees and surcharges for which judicial officers
have authority to grant a waiver. This rule applies to mandatory
fees and surcharges that have been lawfully established, the payment
of which is a condition precedent to a litigant's ability to secure
access to judicial relief. These include but are not limited to
legislatively established filing fees and surcharges (e.g., RCW
36.18.020(5)); other initial filing charges required by statute
(e.g., family court facilitator surcharges established pursuant to
RCW 26.12.240; family court service charges established pursuant to
RCW 26.12.260; domestic violence prevention surcharges established
pursuant to RCW 36.18.016(2)(b)); and other lawfully established fees
and surcharges which must be paid as a condition of securing access
to judicial relief.
(3) An individual who is not represented by a qualified legal
services provider (as that term is defined below) or an attorney working in
conjunction with a qualified legal services provider shall be determined to
be indigent within the meaning of this rule if such person, on the basis of
the information presented, establishes that:
(A) he or she is currently receiving assistance under a needs-based,
means-tested assistance program such as the following:
(i) Federal Temporary Assistance for Needy Families (TANF);
(ii) State-provided general assistance for unemployable individuals (GA-U or GA-X);
(iii) Federal Supplemental Security Income (SSI);
(iv) Federal poverty-related veteran's benefits; or
(v) Food Stamp Program (FSP); or
(B) his or her household income is at or below 125 percent of the
federal poverty guideline; or
(C) his or her household income is above 125 percent of the federal
poverty guideline and the applicant has recurring basic living expenses (as
defined in RCW 10.101.010(4)(d)) that render him or her without the
financial ability to pay the filing fees and other fees or surcharges for
which a request for waiver is made; or
(D) other compelling circumstances exist that demonstrate an
applicant's inability to pay fees and/or surcharges.
(4) An individual represented by a QLSP, or an attorney working in
conjunction with a QLSP that has screened and found the individual eligible
for services, is presumptively deemed indigent when a declaration from
counsel verifies representation and states that the individual was screened
and found eligible for services.
(5) As used in this rule, "qualified legal services provider" means
those legal services providers that meet the definition of APR 8(e).
COMMENT
The adoption of this rule is rooted in the constitutional premise
that every level of court has the inherent authority to waive payment
of filing fees and surcharges on a case by case basis. Each court is
responsible for the proper and impartial administration of justice
which includes ensuring that meaningful access to judicial review is
available to the poor as well as to those who can afford to pay.
(b) Nothing in this rule shall prohibit or delay action on the
underlying petition upon the court's approval of a waiver and presentation of
an original petition may accompany the initial fee waiver.
[Adopted effective December 28, 2010.]
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