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CHEHALIS MUNICIPAL COURT
COURT LOCAL RULES
Table of Rules
Preface
CMLARLJ 1. Scope of Local Rules
CMLARLJ 2. Decorum
CMLARLJ 3. Decision on Written Statements
CMLARLJ 4. Video Conference Proceedings
CMLARLJ 5. Infractions/Fines/No Proof of Liability Insurance
CMLARLJ 6. Sentence Monitoring
CMLARLJ 7. Park in Space for Individual W/Disability without Placard/Plate
PREFACE
1. Promulgation. These rules shall be known as the Local Rules for
Municipal Court of Chehalis, County of Lewis, State of Washington. Copies
of these rules will be filed with the Office of the Administer of the Courts,
and the Clerk of the Municipal Court of Chehalis. Copies of these rules
will be distributed to all law offices in Lewis County and to the county Law
Library for public reference. To the extent possible, these rules will be
placed on the Internet at the Chehalis Municipal Court web page. Copies will
be available from the Municipal Court Clerk for Chehalis. These rules will be
effective on September 1, 2000, and supersede all prior rules of this court.
2. Numbering. Consistent with GR 7(b) Washington Court Rules, these rules
to the extent possible, conform in numbering system and in format to those rules
adopted by theSupreme Court of the State of Washington for courts of limited
jurisdiction and facilitate the use of the same. The number of each rule is
preceded by abbreviation "CML",designating the rule as a Chehalis Municipal
Local Rule and as being supplemental to the corresponding Washington Court
Rule for Courts of Limited Jurisdiction.
3. Revisions and Additions (reserved).
CMLARLJ 1. SCOPE OF LOCAL RULES
These rules govern the procedure in the Municipal Court
of Chehalis, County of Lewis, State of Washington. These
rules are supplemental to the rules enacted by limited
jurisdiction as specifically authorized by GR 7, CRLJ 83,
CrRLJ 1.7, and IRLJ 1.3 of the Washington Court Rules. The
court may modify or suspend any of these local rules in any
given case upon good cause being shown or upon the court's
own motion.
1. Appearance following arrest.
(a) Defendant having been arrested for Driving
Under the Influence, RCW 46.61.50571, must appear in court
on the earliest practicable day as defined herein.
(b) Earliest practicable day is defined as the
next regularly scheduled court session.
CMLARLJ 2. DECORUM
1. Courtroom Decorum. All attorneys and other individuals
in the courtroom shall abide by the following rules of conduct.
(a) Always be Prompt. Be in the courtroom ready to
proceed at the appointed time.
(b) Dress Appropriately to the Serious Nature of the
Matters Before the Court. Shorts and other kinds of beach
apparel are not appropriate. Clothing advertising alcoholic
beverages or illegal drugs are not appropriate. Hats are not to
be worn in the courtroom.
CMLARLJ 3.
DECISION ON WRITTEN STATEMENTS
(a) Written Submissions: Traffic infractions may be heard
by the Court on the basis of written documents submitted by
the city and a defendant, as provided in IRLJ 2.4 (b) (4)
and IRLJ 2.6. A written submission must be received by the
court no later than seven (7) days prior to the scheduled
date of the contested or mitigation hearing, or the
submission will not be considered.
(b) Generally: The court shall examine the citing
officer's report and any written documents submitted by the
defendant. The examination shall take place within 120 days
after the defendant files the response to the notice of
infraction. The examination may be held in chambers and
shall not be governed by the Rules of Evidence.
(c) Factual Determination: For purposes of a contested
infraction hearing, the court shall determine whether the
city has established, by a preponderance of all submitted
evidence, that the defendant committed the infraction.
(d) Disposition: If the court determines that the
infraction has been committed, it may assess a penalty
amount, and any appropriate and permitted costs to be paid
by the defendant.
(e) 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.
(f) No Appeal Permitted: There shall be no appeal from a
court determination based upon written statements.
CMLARLJ 4
VIDEO CONFERENCE PROCEEDINGS
1. Authorization: Preliminary appearances as defined by CrR 3.2 (B) and
CrRLJ 3.2.1 (d), arraignments as defined by CrR 3.4 and 4.1 and CrRLJ 3.4 and
4.1, bail hearings as defined by CrR 3.2 and CrRLJ 3.2, and trial settings as
defined by CrR 3.3 and CrRLJ 3.3 (f), conducted via video conference in which
all participants can simultaneously see, hear, and speak with each other shall
be deemed held in open court and in the defendant's presence for the purposes
of any statute, court rule or policy. All video conference hearings conducted
pursuant to the rule shall be public, and the public shall be able to
simultaneously see and hear all participants and speak as permitted by the
Court. Any party may request an in-person hearing under this section, which
may be in the Court's discretion, be granted.
2. Agreement: Other trial court proceedings including the entry of a
Statement of Defendant on Plea of Guilty as defined by CrR 4.2 and CrRLJ 4.2
may be conducted by video conference only by agreement of the parties, either
in writing or on the record, and upon the approval of the Court pursuant to
this local court rule. For purposes of video conference proceedings, the
facsimile signatures of the defendant, counsel, interested parties and the
Court shall be treated as if they were an original signature. This includes
all orders on Judgment and Sentence, No Contact Orders, Statements of Defendant
on Plea of Guilty, and other documents or pleadings as the Court shall
determine are appropriate or necessary
3. Standards: The judge, counsel, all parties, and the public must be able to
see and hear each other during video proceedings, and may speak as permitted by
the Court. Video conference facilities must provide for confidential
communications between attorney and client and security sufficient to protect
the safety of all participants and observers. In interpreted proceedings, the
interpreter must be located next to the defendant and the proceedings must be
conducted to assure that the interpreter can hear all participants.
CMARLJ 5
INFRACTIONS/FINES/NO PROOF OF LIABILITY INSURANCE
1. If a person who has been cited with a violation of RCW 46.30.020 (failure
to provide proof of liability insurance) presents to the Court Clerk evidence
that the person had in effect, at the time of the citation, liability insurance
as required by RCW 46.30.020, then, upon payment of twenty-five dollars
($25.00), administrative costs, the case shall be dismissed and the Court Clerk
shall be authorized to make appropriate notation of the dismissal in the Court
file. This section is applicable only if the person charged has otherwise
complied with all rules and procedures that govern responding to notices of infraction.
CMLARLJ 6
SENTENCE MONITORING
1. Authorization: The municipal court, under authority of ARLJ 11, hereby
establishes a procedure to monitor conditions of a suspended sentence. The
court staff identified as working in this area is serving as an arm of this
court, performing functions that this court could perform.
2. Agreement: Under the authority of ARLJ 11.1, this court authorizes the
retention of appropriate staff with the title of Judicial Assistants for
Sentence Monitoring. These staff shall be hired by the court to perform duties
as specified by the court. In general, these judicial assistants shall receive
referrals from the court with terms set forth in a court order or judgment and
sentence. Among other duties, these judicial assistants shall receive
information about compliance, determine whether timely and complete fines and
costs have been paid, determine whether court ordered evaluations and
treatments have been met, and meet with defendants at appropriate times.
Any defendant appearing in Chehalis Municipal Court who has any portion of
his/her jail time suspended, any defendant who has been granted a deferred
prosecution or deferred sentence, shall be monitored by the Judicial Assistant
for Sentence Monitoring
Any defendant placed on the Chehalis Municipal Court Electronic Home Monitoring
Program and/or the Community Service Program, shall be monitored by the
Judicial Assistant for Sentence Monitoring.
CMLARLJ 7
PARK IN SPACE FOR INDIVIDUAL W/DISABILITY WITHOUT PLACARD/PLATE
If a person is charged with violation of city ordinance 10.08.090 or with
RCW 46.19.050.4, for parking in a space for individuals with disabilities
without placard or plate, as now enacted or hereafter amended, presents to the
Court Clerk evidence that the person had in effect at the time of citation, the
required parking placard, and an identification card bearing picture, name and
date of birth of the permit holder, as well as the placard's serial number,
then the infraction shall be dismissed and the Court Clerk will be authorized
to make the appropriate notation of the dismissal in court records.
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