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Bellingham Municipal Court
Local Court Rules
Table of Rules
RULE 1 Delegating Authority to Cancel Warrants and FTA'S, and Rescind Delinquent Charges
RULE 2 Mandatory Appearance and Pleadings by Attorneys
RULE 3 Trial by Jury/Pre-Trial Conference/Readiness Hearing
RULE 4 Motions And Applications - Notice - Service
RULE 5 Jury Settings
RULE 6 Written Juror Instructions
RULE 7 Voir Dire
RULE 8 Requirements for Payment of Jury Fees Upon Cancellation of Jury Trial
RULE 9 Civil Infraction - Hearing on Mitigating Circumstances
RULE 10 Civil Infraction - Decision on Written Statements
RULE 11 Telephonic Testimony At Contested Hearings
RULE 12 Payment of Fines And Penalties
RULE 13 Weapons in Court Building Prohibited
RULE 14 Court Files and Audio Tapes-Inspection and Copying Procedures
RULE 15 Bail
RULE 16 Cases of Broad Public Import
RULE 17 Emergency Closures
RULE 18 Oaths of Interpreters and Prosecutors
RULE 19 Jail and Jail Alternatives
RULE 1
DELEGATING AUTHORITY TO CANCEL WARRANTS AND FTA'S,
AND RESCIND DELINQUENT CHARGES
In addition to the Judge, Court Commissioner, and Court
Administrator, the following Court personnel are hereby granted
authority to allow the rescheduling of time payments, to cancel arrest
warrants issued for Failure to Pay fines or costs as agreed; and to
rescind delinquent charges on warrants and FTA's reported to the
Department of Licensing: Acting Court Administrator, Judicial & Support
Services Manager.
RULE 2
MANDATORY APPEARANCE AND PLEADINGS BY ATTORNEYS
1) Pursuant to CrRLJ 3 & 4, an attorney may enter an appearance and/or plea
of not guilty on behalf of a client in any criminal or traffic offense, if said
appearance or plea is made in writing or made in open court unless the
defendant is charged with any offense of domestic violence, assault in the
fourth degree, harassment, indecent exposure, driving while under the influence
or physical control, in which instances the defendant must appear personally
before the Court for arraignment in order to properly determine any pre-trial
conditions of release, or bail, which may be appropriate.
2) Unless previously commenced by an appearance made in open Court, when a
written appearance is authorized it shall commence the running of the time
periods established in CrRLJ 3.3 from the date of receipt by the Court. A
written appearance, waiving an arraignment, but without plea, shall be
considered a plea of not guilty, made in writing, or in open Court, and
obviates the need for further arraignment and waives any defects in the
complaint other than failure to state a crime. Telephonic requests or notice
by defendant or defense counsel shall not constitute an arraignment, appearance
or plea, and shall not commence the time periods under CrRLJ 3.3.
3) Personal appearance at arraignment by a defendant charged with any offense
of domestic violence, assault in the fourth degree, harassment, indecent
exposure, driving while under the influence or physical control is mandated by
law. The "next Court day" for this Court means the next regularly scheduled
Court session at least one calendar day after the violation date of the citation.
[Effective September 1, 2012]
RULE 3
TRIAL BY JURY/PRE-TRIAL CONFERENCE/READINESS HEARING
1) In every criminal case in which the defendant pleads not guilty, the Clerk
shall set a date for a pre-trial conference. The purpose of said conference
is for presentation of motions, completion of plea bargaining, and to set a
trial date and readiness hearing. Discovery shall be provided to the party
requesting same at least two (2) working days PRIOR TO said conference. Unless
the pre-trial conference is continued to another date or the case is resolved
at the hearing, the Clerk will set a jury trial and readiness hearing. If the
right to jury trial is waived, however, the Clerk shall set a bench trial date
and no readiness hearing is required.
2) If the defendant fails to appear at the pre-trial conference without good
cause, forfeiture of bail will be ordered and the Court will order a bench
warrant for the arrest of the defendant.
3) Within twenty-two (22) days prior to an assigned jury trial date there
shall be held a readiness hearing. At such hearing, it shall be mandatory
that the prosecuting authority, the defense counsel, and the defendant be
present. At such hearing, the following matters will be concluded: 1) All
plea bargaining, 2) Exchange of witness lists, 3) Providing of any discovery
not previously exchanged at the pre-trial conference, and 4) Motions on legal
issues arising subsequent to the pre-trial conference or on issues arising
due to new evidence.
4) At the readiness hearing, the parties will notify the Court that they are
ready or not ready for trial. If both parties state that they are ready for
trial, the case will subsequently be tried by jury unless waived by the
defendant, or concluded by a guilty plea, or a dismissal of the charge(s),
except as provided in paragraphs (5), (6), and (7) below.
5) If, after the readiness hearing, the defendant decides to plead guilty, the
plaintiff moves to dismiss, or if either party seeks a continuance of the
trial date, the parties shall notify the other party and the Chief Clerk, or
designee, no later than noon on the court day prior to the scheduled jury
trial nor later than noon on the Friday before the scheduled jury trial if
the defendant is in custody. The Chief Clerk shall then set the matter for a
plea hearing or a motion hearing on the afternoon calendar on the court
day prior to the scheduled jury trial date, or on the jail calendar for the
same date if the Defendant is in custody.
6) A failure of the defendant to be present at the readiness hearing will
result in the issuance of a bench warrant for failure to appear, forfeiture
of bail, and the striking of the jury trial date.
7) Final Confirmation Required: After the readiness hearing, but no later
than noon on the court day before the jury trial is scheduled to begin nor
later than noon on the Friday before the jury trial is scheduled to begin if
the defendant is in custody, both parties shall notify the Chief Clerk, or
designee, that the case is ready to proceed to trial. If either party fails
to confirm that the trial is ready to proceed by that time, the Chief Clerk,
or designee, shall set the matter for a status conference on the afternoon
calendar of the court day prior to the scheduled jury trial, or on the jail
calendar for the same date if the defendant is in custody, and both parties
shall appear for the status conference. If either party fails to appear for
the status conference, the jury trial date shall be stricken and a bench
warrant may be issued.
8) Any case confirmed for trial under paragraph (7) that does not proceed to
trial may subject the culpable party/parties to such sanctions, including but
not limited to, jury costs, witness fees and other terms, as deemed
appropriate by the Judge/Commissioner.
9) A bench warrant issued for failure to appear at a jury trial or status
conference will not be quashed absent a clear and convincing showing of
extraordinary circumstances that justify such a failure to appear.
10) If any attorney fails to appear for a scheduled conference, hearing, or
trial, the Court may assess costs and/or sanctions against the attorney.
11) The requirements of this rule can be waived only by the Judge/Commissioner.
Amended Effective September 1, 2008
RULE 4
MOTIONS AND APPLICATIONS - NOTICE - SERVICE
1) Note for Motion. Except as provided by paragraph 4, either party
may note a motion upon the motion calendar in writing, with proper and timely
notice to opposing counsel. Motions may only be noted on other calendars with
the prior permission of the Judge or Commissioner for good cause shown. Each
note for motion form shall include an estimate of the amount of time the
party believes the motion will take. Motions improperly noted may be
stricken by the Clerk.
2) Memoranda. Memoranda relating to motions shall not exceed
ten (10) pages, not including attachments and exhibits. Requests for waiver
of page limitations may be granted for good cause shown, and may be heard ex parte.
Copies of any statutes, ordinances, reported cases, or other authorities the
advocate deems important to his or her argument shall be attached to the
memoranda. Parties are encouraged, but not required, to electronically file
a "courtesy copy" of their written memoranda by e-mailing the Judge and
Commissioner with electronic copies sent to opposing counsel.
3) Motion Hearing Procedures. Oral argument on motions shall be limited
to five (5) minutes for each side, exclusive of testimony, unless the assigned
Judge or Commissioner determines otherwise.
4) Motion to Rescind or Modify a No Contact Order or Anti-Harassment
Order. A motion to rescind or modify a no contact order or anti-harassment order
shall be noted in the following manner: 1) The motion shall be noted on the
domestic violence calendar if the defendant and victim are not in custody,
or if the defendant and/or victim are incarcerated at the Whatcom County
Jail, upon the Thursday in-custody calendar, (2) the motion may be noted by
the victim advocate on behalf of the victim, the city attorney's office, the
court, a pro se defendant, or the defendant's attorney, (3) the moving party
shall provide written notice to the opposing party at least five court days
prior to the hearing date, and (4) the moving party shall complete and file
a written "Request to Rescind or Modify No Contact Order" to note the
hearing. Any victim or alleged victim requesting such a hearing shall be
referred to the victim advocate in the City Attorney's Office for assistance
in completing this process.
RULE 5
JURY SETTINGS
A matter set for jury may be heard by the Judge or Commissioner.
A party wishing to file an affidavit of prejudice must do so
before any discretionary ruling, and prior to the pre-trial date.
RULE 6
WRITTEN JUROR INSTRUCTIONS
When a jury is to be instructed in writing, proposed instructions
shall be submitted on plain paper with no mark identifying the
attorney or party. The original, which shall be free of citations of
authority, and one copy with the citation of authority, shall be
submitted to the Court at the readiness hearing.
RULE 7
VOIR DIRE
The voir dire examination of jurors shall be conducted under the
direction and control of the Court with the following guidelines:
1) It is expected that voir dire, in most cases, will consume
one hour of time or less. Generally, the Struck Jury Method of
voir dire will be used.
2) The Court shall ask all general questions and thereafter
shall give leave to the respective parties to ask such
supplementary questions as may be deemed proper and necessary by
the Court. The parties may submit all proposed general questions
in writing prior to voir dire.
3) The Court may intervene without objection in instances of
inappropriate questioning and may limit the amount of time each
party has to examine a juror or jury panel.
RULE 8
REQUIREMENTS FOR PAYMENT OF JURY FEES UPON CANCELLATION OF JURY TRIAL
If a defendant who has been charged with a criminal violation has
requested a jury trial, and if that jury panel is summoned and the
Court has incurred the expense, or will incur the expense because the
jury has been brought in, and if the defendant waives his or her right
to a jury trial less than 48 hours prior to the date for which the
jury trial had been scheduled, or otherwise causes the excusal or
release of the jury from hearing the case, the defendant shall be
responsible for payment to the Court of the amount of the actual costs
incurred by the Court for jury fee payments and mileage
reimbursements. Provided, however, that the Judge/Commissioner
presiding over the case specifically determines that payment of those
fees and costs shall be waived for good cause shown.
Any such jury fee costs imposed by the Court for payment and
reimbursement of jury fees and mileage reimbursement shall be paid by
the defendant as a condition of suspended sentence, if any, or as
otherwise directed by the Court.
RULE 9
CIVIL INFRACTION - HEARING ON MITIGATING CIRCUMSTANCES
A defendant requesting a reduction of a civil infraction penalty
may have such determination based on his or her prior record and/or on
other relevant information available to the Court without an
explanation of the event cited. The amount of the reduction shall be
set by the Court in a written order, maintained in the Clerk's office,
and available upon request.
The civil infractions which are disposable by a reduced bail
forfeiture, shall be established by the Judge/Commissioner. A public
list of those civil infractions, bail amount, and any conditions
applicable shall be maintained in the Clerk's office and be available
upon request.
RULE 10
CIVIL INFRACTION - DECISION ON WRITTEN STATEMENTS
1) Generally. The Court shall examine the citing officer's
report and any statement submitted by the defendant. The
examination shall take place within 90 days after the defendant
filed the response to the notice of infraction. The examination
may be held in chambers and shall not be governed by the Rules of Evidence.
2) Factual Determination. The Court shall determine whether
the plaintiff has proved by a preponderance of all evidence
submitted that the defendant has committed the infraction.
3) Disposition. If the Court determines that the infraction
has been committed, it may assess a penalty in accordance with IRLJ 3.3.
4) Notice to Parties. The Court shall notify the parties in
writing whether an infraction was found to have been committed
and what penalty, if any, was imposed, and the date by which such
payment shall be made to the Court.
5) No Appeal Permitted. There shall be no appeal from a
decision on written statements, and the decision of the
Judge/Commissioner shall be final for all purposes.
RULE 11
PROCEDURE AT CONTESTED HEARINGS
1) Speed Measuring Device Experts. When any speed measuring device expert
is required to testify in a contested infraction hearing, the expert may
testify by telephone, unless otherwise ordered by the Court. The party
required to produce such evidence shall be responsible for arranging the
expert's telephonic testimony and advising the Court Clerk prior to the
scheduled time for the contested hearing.
2) Handling of Requests for Contested Hearings After Failure to Respond.
lf a defendant who has failed to respond to a notice of infraction, as required
by RCW 46.63.070 and Rule 2.4 of the Infraction Rules for Courts of Limited
Jurisdiction (IRLJ), requests that the Court set his/her case for a
contested hearing, the Court Clerk shall be authorized to set a date for a
contested hearing, and retrieve pleadings and/or correspondence from the
Department of Licensing reflecting the failure to respond or appear, if any
was sent, only upon the following conditions:
a) The defendant, within one week of the date by which a request for a
contested hearing should have been received by the Court, delivers to
the Court an envelope containing his/her request for a contested
hearing, with a postmark clearly indicating that the envelope was
addressed and mailed to the Court within the time frame for requesting
contested hearings pursuant to statute and Court rule, and with the
envelope indicating that it was returned to the defendant, for
whatever reason; or,
b) The Court, within one week of the date by which a request for
contested hearing should have been received by the Court, receives in
the mail an envelope containing the defendant's request for a
contested hearing, with the envelope showing a postmark clearly
indicating that the envelope was mailed to the Court within the time
frame for requesting contested hearings pursuant to statute and Court rule.
In all other cases, the defendant shall not be entitled to a contested hearing,
and the disposition of the infraction shall be dealt with as provided by statute
or Court rules for failure to respond or appear.
3) Discovery Demands. Any party alleging a violation of the rules of discovery
set forth in IRLJ 3.1(b) shall document service of the discovery demand upon
the opposing party by either providing a copy of the discovery demand with a
stamp from the opposing party indicating the demand was received in a timely
manner or by providing a return receipt from the U.S. Postal Service or
private postal carrier documenting that the opposing party was served with
the discovery demand in a timely manner. Discovery demands made to the City
in infraction matters shall be directed to the prosecution unit of the Office of the
City Attorney, which shall date-stamp all discovery demands when received.
4) Subpoenas for Bellingham Police Officers--Alternative Procedure. Subpoenas
may be requested and served as provided by state law and court rules. In the
alternative, defendants in contested infraction cases may serve subpoenas
upon officers of the Bellingham Police Department in the following manner:
a) A subpoena may be requested and obtained from the court clerk;
b) The defendant, or his or her attorney or agent, may effectuate service
of the subpoena upon the officer by serving the subpoena upon an
employee of the Criminal Division of the Bellingham City Attorney's Office
in that office at least seven days before the scheduled contested hearing;
c) The Bellingham City Attorney's Office shall date-stamp the subpoena,
provide a stamped copy to the person serving the subpoena, and transmit
the original subpoena to the officer at the Bellingham Police Department;
d) All subpoenas served pursuant to this alternative procedure shall
indicate that the subject of the subpoena shall appear to testify one hour
after the commencement of the calendar upon which the case is scheduled;
e) The City of Bellingham has consented to this alternative procedure.
A subpoena served pursuant to this alternative procedure shall be deemed
valid unless objected to in a timely fashion for good cause shown; and
f) This alternative procedure does not apply to requests for Speed
Measuring Device experts employed by or contracted with the
Bellingham Police Department.
5) City Attorney. Pursuant to IRLJ 3.3, the City Attorney's Office need not
appear in any contested infraction unless requested by the Judge or Commissioner.
6) This rule is not intended to supersede or conflict with any statutes
concerning procedures for infractions or the Infraction Rules for Courts of
Limited Jurisdiction (IRLJ).
[Effective September 1, 2012]
RULE 12
PAYMENT OF FINES AND PENALTIES
1) Infractions. Any person who has been served with a notice
of infraction and who desires to use option (1) as provided in
IRLJ 2.4(b)(1), may arrange time payments on the monetary penalty
according to the policy then in force. Infraction penalties
imposed shall be paid at the conclusion of any requested hearing
unless payments are authorized by the Judge/Commissioner.
2) Attorney and Jury Fees - Reimbursement. The Court may
require partial or full reimbursement to the City for the cost of
court appointed counsel, interpreters, and/or jury fees from
those defendants the Court finds able to pay such.
3) Jail Costs - Reimbursement. The Court may require partial
or full reimbursement to the City for the cost of jail time, as
set by the Whatcom County Sheriff's Department, from those
defendants the Court finds are able to pay the same.
4) Revocation of Probation or Imposition of Suspended Jail Time
and/or Fines. Probation shall be revoked and previously
suspended jail time and/or fines may be imposed for willful
failure to pay fines. Any defendant unable to make fine payments
in a timely manner shall request judicial review on or before the
date such payment is due. Failure to request such a hearing
shall be prima facie evidence of a willful failure to pay.
Defendants who cannot pay fines and/or costs assessed shall
request community service as an alternative to monetary payments.
RULE 13
WEAPONS IN COURT BUILDING PROHIBITED
1) Pursuant to RCW 9.41.300(1)(b), the Court has determined
that weapons shall be prohibited from all indoor areas of the
Bellingham Municipal Court Building, located at 2014 "C" Street.
2) Exceptions:
a) Pursuant to RCW 9.41.300(7), paragraph (a) shall not apply
to weapons carried by a person engaged in military activities
sponsored by the federal or state governments while engaged in
official duties, to law enforcement personnel, or to courthouse
security officers engaged in official duties;
b) Paragraph (a) shall not apply to weapons carried by persons
proceeding directly and promptly between the exterior doors at
the public entrance of the Bellingham Municipal Court Building
and any official lock box or public official expressly designated
by the City Council for the storage or retention of weapons.
RULE 14
COURT FILES AND AUDIO TAPES - INSPECTION AND COPYING PROCEDURES
1) All documents, including pleadings, filed with the Court and all CD
recordings of court proceedings are presumed to be available for public
inspection and/or copying during Court business hours upon request, except as
otherwise provided herein.
2) If any party wishes to seal any document, that party must do so by motion
to the Court with proper notice to all parties. If the Court finds sufficient
cause to seal the document, the Court will direct the Clerk to seal the
document and the document will be placed in a sealed envelope in the Court file.
3) No sealed documents will be accepted for filing without a written court order.
4) Sealed documents will not be available for public inspection or copying.
5) Any person may request that a sealed document be unsealed, but must do so
by motion to the Court with proper notice to all parties.
6) Social security numbers, mental health evaluations, and medical
evaluations pertaining to drug or alcohol dependency shall not be subject to
inspection or copying except where the defendant or defendant's attorney so
requests, or upon Court order after a showing of good cause.
7) Private records: Pursuant to ARLJ 9(b), the following records are deemed
to be "private records" and shall not be subject to inspection or copying
unless they have been admitted into evidence, incorporated into a court
pleading, or are the subject of a stipulation on the record which places them
into public records:
a) Witness statements and police reports;
b) Pre-sentence reports and reports related to compliance with conditions of sentence;
c) Copies of driving records or criminal history records subject to RCW 10.97;
d) Correspondence received by the Court regarding sentencing and compliance
with the terms of probation.
8) Quasi-public records: Pursuant to ARLJ 9(c) and RCW 10.101.020(3), the
following records are deemed to be "quasi-public records" and are not subject
to inspection or copying, but are subject to inspection or copying by the
defendant or the defendant's attorney:
a) Witness statements;
b) Pre-sentence reports and reports related to compliance with conditions of sentence;
c) Copies of driving records or criminal history records subject to RCW 10.97;
d) Correspondence received by the Court regarding sentencing and compliance
with the terms of probation, except when the information is provided on
condition it remain confidential or when a finding of good cause is made for
its confidentiality.
e) Any application submitted in support of a determination of indigency.
9) Copying and other charges: Pursuant to RCW 3.50.100 and RCW 3.62.060, the
following fees shall be collected:
a) The charge for copying documents without a seal is fifty cents per page;
b) The charge for preparing a certified copy of an instrument on file or of
record in the clerk's office is five dollars for the first page or portion of
the first page and one dollar for each additional page or portion of an
additional page;
c) The charge for certifying any document on file or of record in the clerk's
office is five dollars. The charge for authenticating or exemplifying an
instrument is two dollars for each additional seal affixed;
d) The charge for copying a document without a seal or file that is in
electronic format is twenty-five cents per page;
e) The charge for copying electronic recordings of proceedings on compact
discs is ten dollars per disc. The charge for any other records copied to
compact disc shall be twenty dollars per disc;
f) The charge for clerk's services for ex parte orders, performing historical
searches, compiling statistical reports, and conducting exceptional records
searches is twenty dollars per hour or per portion of an hour;
g) For preparing a record for appeal to superior court, a fee of forty
dollars including any costs of tape duplication as governed by the RALJ;
h) There shall be no charge for inspecting any document or CD; and
i) Payment for copies of CDs and documents shall be received before copies
are distributed unless the Clerk, Judge, or Commissioner determines that there
is good cause to waive this requirement;
10) Pursuant to ARLJ 9(e), judicial review of disclosure may be requested by
the prosecutor, defendant, defense attorney, court staff, or any other
interested parties. If such a request is made, the Court may withhold
dissemination of the record until a hearing may reasonably be held. Following
the hearing, the Court may make such restrictive orders as are necessary.
11) To ensure the integrity of court files and property, unless otherwise
authorized in writing by the Judge or Commissioner:
a) All copying of court files and CDs shall be conducted by court staff;
b) Inspection of court files shall take place in the designated court file
viewing area; and
c) The Clerk shall have the discretion to determine the appropriate location
and equipment to be used in reviewing CDs.
Nothing in this rule shall be construed to supersede existing statutes or subsequent amendments thereto.
RULE 15
BAIL
Effective immediately, the following policy shall govern the calculation of
bail for all criminal matters:
1) If the Court determines that the defendant is not likely to appear if
released on personal recognizance, the Court may require conditions of
release, including the posting of cash or bond, as provided by CrRLJ 3.2(b).
2) If the Court determines that the defendant poses a substantial danger to the
public to commit a violent crime, intimidate witnesses, or otherwise
unlawfully interfere with the administration of justice, the Court may
require conditions of release, including posting of cash or bond to
guarantee performance of release conditions, as provided by CrRLJ 3.2(d).
Performance bail shall be posted in the Defendant's name, as required by
CrRLJ 3.2(d)(6). Any bond posted to guarantee performance of release
conditions ("performance bond") must be approved by the Judge or
Commissioner in writing prior to the Defendant's release.
3) If the Court, upon issuing a bench warrant, determines that bail shall be
"cash" or "cash only," the defendant may post an appearance bond in the
amount of ten times the cash bail requirement in lieu of cash, prior to the
defendant's first appearance in Court. If "cash" or "cash only" is not
indicated on the bench warrant, the defendant may post either cash or bond
in the amount specified.
4) The Court may apply cash bail posted in the defendant's name to pay the
defendant's fines, penalties and costs on the present case or on any past
due obligations to the Court.
5) In any case for which bail forfeiture in lieu of criminal prosecution has
been authorized, bail must be received by the Court before arraignment
unless previously authorized in writing by the Judge or Commissioner.
6) This rule shall be retroactively applied to all cases in which bail has
previously been set.
LOCAL RULE 16:
CASES OF BROAD PUBLIC IMPORT
1) The assigned Judge or Commissioner may declare, in any case
where the resolution of novel legal issues or particularly
significant factual disputes have ramifications beyond that of a
single case, that the case is a case of broad public import
subject to this rule.
2) The Court may order that related or similar motions in cases
of broad public import be heard together in the interests of
judicial economy, may set cases upon a special motion calendar
for that purpose, and may make such orders as the Court may deem
necessary to expeditiously and effectively resolve said motions
3) In the interest of an informed citizenry and bar, the Clerk
shall solicit and maintain a list of interested attorneys, media
representatives, and any other citizens who wish to be notified
when the Court reaches a decision in cases of broad public
import. When a special or joint broad public import, the Clerk
shall notify all members fo the list and provide a brief summary
of the nature of the motion. The Court may direct that such
notice include an invitation to other attorneys to file related
motions for the same time as the special or joint hearing. When
a written decision is filed on a case of broad public import, the
Clerk shall electronically transmit a copy of the written
decision to all members of said list, but only after copies are
sent to the attorneys of record in the case.
[Adopted effective August 12, 2004]
RULE 17
EMERGENCY CLOSURES
1) The Judge, Commissioner, and/or Judicial Services Director may declare an
emergency closure of the Court when s/he deems that severe weather conditions,
natural disaster, or other emergency so requires. The Court will publicize
the closure as soon as practical, file a written administrative order closing
the Court, and notify the Office of the Administrator for the Courts as soon as
practical, pursuant to GR 21.
2) While the emergency persists, no hearings will be held except that the
Judge, Commissioner, or Judge Pro Tem of the Court will, if circumstances
permit, determine probable cause, set release conditions, and otherwise
adjudicate required first appearance hearings for Defendants who are in
custody. Such hearings may be held by telephone if deemed necessary due to the
emergency.
3) Following an emergency closure, the Judge, Commissioner, and/or Judicial
Services Director may declare the Court to re-open when the severe weather
conditions, natural disaster or other emergency allows. The Court will
publicize the re-opening as soon as practical.
4) All parties other than the City shall contact the Clerk's Office within
two (2) business days after the re-opening of the Court has been publicly
announced to reschedule any hearings that were not held due to emergency
closure. Failure to do so may be deemed a failure to appear.
5) This rule shall only apply to the business of the Court, and shall not be
construed to govern activities of the other branches of City government.
Amended Effective September 1, 2008
RULE 18
OATHS OF INTERPRETERS AND PROSECUTORS
Any oaths or affirmations required for certified interpreters and city
prosecutors, including the oath or affirmation to testify under penalty of
perjury in support of an application for probable cause and the oaths required
by RCW 2.42 or RCW 2.43, may be made in writing and shall endure in perpetuity,
rather than on a case-by-case basis, unless revoked in writing. Certified
interpreters and city prosecutors shall execute oaths or such affirmations made
pursuant to this rule in writing with the original filed with the Court.
Amended Effective September 1, 2008
LOCAL RULE 19
JAIL AND JAIL ALTERNATIVES
1) Use of Jail Alternatives. Unless otherwise ordered in writing, a sentence
to jail shall permit the defendant to apply for jail alternatives and the
defendant may serve the defendant's jail sentence on jail alternatives at the
defendant's expense if deemed eligible by the Whatcom County Jail. The Court
does not permit its sentences to be served at privately-operated jails or
privately-operated jail alternative programs. The Court may consider a
defendant's request to serve a jail term at another jail or jail alternative
facility administered by a law enforcement agency at the defendant's expense if
the defendant is deemed eligible by that law enforcement agency, and the
defendant shall prove service of such sentence to the satisfaction of the
Whatcom County Jail. The Court will not order the Whatcom County Jail to
accept any inmate for any jail alternatives program who is not deemed eligible
by the Whatcom County Jail.
2) Temporary Release. Requests for temporary release from custody will only
be considered by the Court in cases of urgent medical necessity as recommended
by the Whatcom County Jail medical staff or, under circumstances and upon
conditions deemed appropriate by the Court, for release to an in-patient
treatment facility. The Court will not consider nor grant temporary releases
for funerals, work, family care, or any other circumstances.
3) Jail Supervision. The Whatcom County Sheriff, not the Court, is
responsible for the operation and supervision of the Whatcom County Jail and
jail alternative programs. The Court will not enter any order contrary to the Sheriff's
lawful policies regarding the operation of the Jail or jail alternative programs.
[Effective September 1, 2012]
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