Bainbridge Island Municipal Court
Local Court Rules
Table of Rules
Administrative Rules
LARLJ 9(c)(5) Deferred Prosecution
LARLJ 10 Anti-Harassment Protection Order Procedure
Infraction Rules
LIRLJ 3.1 Contested Hearings - Preliminary Proceedings
LIRLJ 6.6 Speed Measuring Device
Criminal Rules
LCrRLJ 3.2.2 Release Of Accused
Forms
Pre-Arraignment Domestic Violence No Contact Order
BAINBRIDGE ISLAND MUNICIPAL COURT
IN RE: |
|
LOCAL RULES OF THE | ORDER ADOPTING
BAINBRIDGE ISLAND MUNICIPAL | LOCAL RULE
COURT |
______________________________________________________________
Pursuant to GR 7, Bainbridge Island Municipal Court of
the State of Washington for Kitsap County hereby adopts the
following local rule:
LCrRLJ 3.2.2 Release of Accused; Domestic Violence
A copy of this rule is attached. The rules shall become
effective September 1, 2003.
DATED and SIGNED this ________ day of _______________, 2003.
STEPHEN J. HOLMAN, Judge
Bainbridge Island Municipal Court
LARLJ 9(c)(5)
DEFERRED PROSECUTION
(c) Quasi-Public Documents: The following are not subject
to public review, but are subject to review by the
defendant and the defendant’s lawyer:
(5) Deferred Prosecution: Petition for deferred
prosecution, statement of defendant for deferred
prosecution, order granting deferred prosecution,
evaluation and recommendation of chemical dependency
agency, status reports from chemical dependency agency,
status reports and/or recommendations from probation,
any aspect of a court docket which reflects the
contents of a report from a chemical dependency agency
or probation, any aspect of a court docket which
reflects the conditions set by the court as a result of
an evaluation or status report submitted by a chemical
dependency agency or probation.
[Effective date September 1, 2000]
LARLJ 10
ANTI-HARASSMENT PROTECTION ORDER PROCEDURE
Pursuant to RCW 10.14.150, as amended by HB 1296 (2005), the
Bainbridge Island Municipal Court shall hear and adjudicate
petitions for anti-harassment protection orders filed under
Chapter 10.14 RCW.
(Effective September 1, 2005)
LIRLJ 3.1
CONTESTED HEARINGS - PRELIMINARY PROCEEDINGS
(a) Subpoena: The defendant and the plaintiff may subpoena
witnesses necessary for the presentation of their respective
cases. Witnesses should be served at least 7 days before the
hearing. The subpoena may be issued by a judge, a court
commissioner, or by a party’s lawyer. If the party’s lawyer
issues a subpoena, a copy shall be filed with the court. A
subpoena may be directed for service within their jurisdiction to
the sheriff of any county or any peace officer of any
municipality in the state in which the witness may be or it may
be served as provided in CR 45(c), or it may be served by first
class mail, postage prepaid, sent to the witness’ last known
address. Service by mail shall be deemed complete upon the third
day following the day upon which the subpoena was placed in the
mail. If the subpoena is for a witness outside the county, the
judge must approve of the subpoena.
(i) If the defendant wishes to subpoena a witness, including a
law enforcement officer, the defendant shall deliver in person to
the court clerk at the Bainbridge Island Municipal Court office
located at 10255 NE Valley Road, Bainbridge Island, Washington,
or by mail to Bainbridge Island Municipal Court, P O Box 151,
Rolling Bay, Washington, 98061, at least 28 days prior to the
date of the hearing, a written request for the issuance of the
subpoena and for instructions regarding service of the subpoena.
The written request must state the case number, date and time of
the hearing, the complete address of the location of the hearing
and the name and address of the witness to be named in the
subpoena. The defendant shall include a self-addressed, stamped
envelope along with the written request.
Upon receipt of the written request, the court clerk shall
prepare a subpoena and present it to the judge for
signature. The clerk shall then mail the subpoena to the
defendant in the self-addressed, stamped envelope, together
with a return of service form, and instructions regarding
service of the subpoena.
[Effective date September 1, 2000]
LIRLJ 6.6
SPEED MEASURING DEVICE
Any certificate admissible under LIRLJ 6.6(b), and any other
document relating to a Speed Measuring Device, can be filed
with the clerk of the court and maintained by the court as a
public record, and shall be available for inspection by the
public. Copies shall be provided by the clerk’s office on
request. There shall be no charge for the copy if it
relates to an infraction filed against the person making the
request. Otherwise, there shall be a charge of 15 cents for
each page copied. These records shall be available without
a formal request for discovery. The court shall be entitled
to take judicial notice of the fact that any document filed
pursuant to this rule has been filed with the court.
Documents filed pursuant to this rule shall not be
suppressed as evidence merely because there is not
prosecutor present to offer the document as an exhibit at
the hearing. If the certificate or document is
insufficient, then a motion to suppress the reading of the
Speed Measuring Device shall be granted.
[Effective date September 1, 2000]
LCrRLJ 3.2.2
RELEASE OF ACCUSED
(a) Release of Accused; Domestic Violence.
(1) Any person arrested on Probable Cause (without a
warrant) for an offense classified as a Domestic Violence
offense under Chapter 10.99 of the Revised Code of
Washington as the same exists or shall hereafter be amended
shall be held in jail pending the defendant’s first
appearance.
(2) Notwithstanding paragraph (1), a person being held for
a Domestic Violence offense classified as a felony may be
released from custody prior to defendant’s first appearance
upon (a) the posting of $50,000 bail or bond; and (b) the
person’s affixing his or her signature at the appropriate
location on a Pre-Arraignment Domestic Violence No Contact
Order described in paragraph (4) prohibiting the arrested
person from having contact with the protected person or from
knowingly coming within, or knowingly remaining within, 500
feet of the protected person’s residence, place of work, or
school.
(3) Notwithstanding paragraph (1), a person being held for
a Domestic Violence offense classified as a misdemeanor or
gross misdemeanor may be released from custody prior to
defendant’s first appearance upon (a) the posting of $5,000
bail or bond; and (b) the person’s affixing his or her
signature at the appropriate location on a Pre-Arraignment
Domestic Violence No Contact Order described in paragraph
(4) prohibiting the arrested person from having contact with
the protected person or from knowingly coming within, or
knowingly remaining within, 500 feet of the protected
person’s residence, place of work, or school.
(4) The following Pre-Arraignment Domestic Violence No
Contact Order, or one that is substantially similar to it,
is hereby approved for use under this rule.
(Adopted 9/1/03)
PRE-ARRAIGNMENT DOMESTIC VIOLENCE NO CONTACT ORDER The contents of this item are only available on-line.
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