Cle Elum Municipal Court
                               Local Court Rules

                                Table of Rules


Introduction

LARLJ 2            Scope of Rules and Adoption


Local Criminal Rules

LCrRLJ 4.5         Pre-Trial Procedure
LCrRLJ 7.2(f)      Requirements for Chemical Dependency Assessments


Local Rule of General Application

LGR 17(a)(7)       Facsimile Transmission


Local Infraction Rules

LIRLJ 3.5          Infraction Hearings Based on Written Statements
LIRLJ 6.6(e)       Request for Speed Measuring Device Expert
LIRLJ 6.6(f)       Public Access to Speed Measuring Device Certificates


Forms

Declaration        Interpreter's Declaration
LCrRLJ 4.5 Form 1  Stipulated Pre-Trial Statement of Readiness
LCrRLJ 4.5 Form 2  Deferred Prosecution Findings of Fact,Conclusions of Law & Order
LCrRLJ 4.5 Form 3  Stipulation for and Order for Stay of Proceedings
LIRLJ  3.5 Form    Defendant's Request for Decision on Written Statements
    

    
                                    LARLJ 2
                          SCOPE OF RULES AND ADOPTION


    (a)  Effect of Local Rules.  The provisions of the Local Rules are supplemental
to the Rules for courts of Limited Jurisdiction, as adopted or hereafter
amended by the Supreme Court of the State of Washington, and shall not be
construed in conflict with them.

    (b)  Scope.  The Local Rules apply to all Courts in which a Upper Kittitas
County District Court Judge is appointed or elected to sit, including but not
limited to the Upper Kittitas County District Court, Cle Elum Municipal Court,
and the Roslyn Municipal Court.

    (c)  Adoption and Amendments.  These Rules may be amended from time to time by
the Cle Elum Municipal Court Judge.

    (d)  Prior Rules Repealed.  All prior rules of the Cle Elum Municipal Court are
repealed upon the adoption of these Rules.


(Adopted effective September 1, 2011)
    

    
                                  LCrRLJ 4.5
                              PRE-TRIAL PROCEDURE


    (A)  Pre-Trial Hearings.  All cases scheduled for jury trial shall be set by
the clerk for a pre-trial hearing.  The state or city prosecutor, defense
counsel and the defendant shall attend the pre-trial hearing to consider such
matters as will promote a fair and expeditious trial.  Upon agreement that the
discovery process has been completed to the satisfaction of the parties and
that there are no other issues to be heard by the court at the scheduled pre-trial
hearing, a stipulated pre-trial statement of readiness, substantially in
the form set forth as "Form 1" below, may be filed by the parties.  The filing
of a stipulated pre-trial statement of readiness will serve to excuse counsel
and the defendant from appearing at the scheduled pre-trial hearing.

    (B)  Motions.  All amendments to the charges, pleas or pre-trial motions
shall be made prior to or at the time of the pre-trial hearing.  Motions which
should have been heard at a pretrial hearing shall not be considered at the
time of trial unless the judge at the time of the pre-trial hearing expressly
continues such motions to the time of trial.   Absent good cause, motions for
dismissal or suppression of evidence in criminal cases shall be in writing and
shall be provided to the prosecutor or city attorney at least 24 hours before
the pre-trial hearing.  Motions which are lengthy, complex, or which require
the presence of witnesses will be heard by the court at a subsequent 3.5/3.6
hearing calendar.

    (C)  CrRLJ 3.5 Hearings.   Pursuant to CrRLJ 3.5(a) all demands for hearing
on the admissibility of confessions must be made no later than the pre-trial
hearing.  All motions filed pursuant to this rule shall be heard by the court
at a subsequent 3.5/3.6 hearing calendar.

    (D) Deferred Prosecution - Time for Petition - Forms for Petition and Order.
A petition for deferred prosecution shall be filed with the court at least
seven days before the date set for trial but, upon written motion and affidavit
establishing good cause for the delay and failure to comply with this rule, the
court may waive this requirement subject to the defendant's reimbursement to
the court of the witness fees and expenses due for subpoenaed witnesses who
have appeared on the date set for trial.  The petition for deferred prosecution
shall substantially comply with CrRLJ 4.2(I).  The proposed findings and order
shall substantially comply with the form set forth as "Form 2" below.

    (E) Stays of Proceedings - Form of Order.  In the event the parties enter
into a stay of proceedings, the agreement between the parties shall be reduced
to writing in a form which substantially complies with the form set forth as
"Form 3" below.

[Adopted effective September 1, 2011]


                                   Comments

The purpose of these rules is to eliminate surprise and unnecessary delay and
expense.  While the purpose of these rules is not to create traps for the
unwary, when a party's failure to follow these rules causes unnecessary extra
expense to the opposing party, the inconvenienced party may apply to the court
for the imposition of sanctions.  The purpose of these sanctions is not to
punish but rather to insure that the appropriate party is responsible for the
predictable costs of unnecessary delay.

Comment to section (A): The stipulated pre-trial statement of readiness was
adopted by the court at the request of counsel who wanted to avoid the
necessity of clients appearing at unproductive pre-trial hearings.  Attorneys
are encouraged to use the pre-trial statement of readiness to avoid the
necessity of clients appearing when there are no pre-trial issues requiring his
or her presence.

Comment to section (B): The purpose of this section is to provide a predictable
structure to the pre-trial motions process and to insure that the non-moving
party has adequate time to prepare for the hearing.  However, if counsel desire
to avoid multiple hearings, the parties may agree to present evidence and argue
pre-trial motions at the scheduled pre-trial hearing rather than following the
procedure described by this rule.

Comment to section (C): See the comments to section (B).

Comment to section (D): See RCW 10.05.010.

Comment to section (E): The stay of proceedings form set forth below is
generally consistent with the forms currently in use in the Cle Elum Municipal
Court.  In creating a uniform stay of proceedings form, it is not the court's
intention to suggest what conditions should be part of an agreement between the
parties.  For example, if an agreement between the parties in a specific case
does not include the defendant stipulating to the admissibility of the police
reports, or a stipulation that the reports are sufficient to convict, the court
expects the parties to line out that portion of the stay of proceedings form.
    

    
                                 LCrRLJ 7.2(f)
               REQUIREMENTS FOR CHEMICAL DEPENDENCY ASSESSMENTS


      When, as a part of a sentence or other disposition, a chemical dependency
assessment is required, the alcohol/drug evaluator must be a certified Chemical
Dependency Professional (CDP) or a CDP trainee (CDPT) under supervision of a
CDP.  The evaluator shall prepare a written report of the assessment that shall
include a description of the steps taken to insure compliance with the
requirements of WAC 388-805-310.  The written report shall also include the
following information:

    1. A description of the sources used to establish the defendant's legal
history.  At a minimum, these sources must include a Defendant's Case History
(DCH), a Washington Department of Licensing driver's record abstract, and
police reports describing the current offense.  The police reports shall
contain, at a minimum, a description of the offense and the defendant's blood
or breath alcohol level and any other drug levels at the time of arrest.

    2. A description of sources used to document the defendant's history of
alcohol and other drug treatment or education.  At a minimum, these sources
shall include any available drug/alcohol evaluations prepared by a CDP or CDPT
concerning the defendant. The defendant shall notify the evaluator of any prior
alcohol/drug evaluation and sign any releases necessary to make such
alcohol/drug evaluations available to his or her current evaluating agency.

    3. A description of the method used to notify the defendant of the
assessment results.  The defendant shall be supplied with a copy of his alcohol/drug
evaluation along with any treatment/education recommendations made by the CDP
or CDPT.  If the assessment results are mailed to the defendant, the report
shall state the address to which the assessment was mailed and the date of mailing.


[Adopted effective September 1, 2011]
    

    
                                 LGR 17(a)(7)
                            FACSIMILE TRANSMISSION


     The Cle Elum Municipal Court will not accept for filing a facsimile
transmission of any pleading or other document for which any other court rule
or statute sets a filing time-limit or filing deadline.  The court will accept
facsimile transmissions of other documents, including judge's working copies of
trial briefs or position statements.


[Adopted effective September 1, 2011]
    

    
                                   LIRLJ 3.5
                INFRACTION HEARINGS BASED ON WRITTEN STATEMENTS


     The court adopts IRLJ 3.5 and will, at the request of a defendant, decide
infraction cases based on written statements. A defendant requesting the court
to decide the case on written statements shall do so by completing a statement
in substantially the following form:

{see form LIRLJ 3.5 Form}


[Adopted effective September 1, 2011]
    

    
                                 LIRLJ 6.6(e)
                   REQUEST FOR SPEED MEASURING DEVICE EXPERT


Request for Speed Measuring Device ("SMD") Expert. Defense requests to produce
an electronic or laser SMD expert pursuant to IRLJ 6.6(b) shall be contained in
a separate document clearly designated as a request for an SMD expert, served
on the prosecuting authority with a conformed copy filed with the clerk of the
court.  If the charging law enforcement agency's SMD expert maintains a
schedule for monthly appearances in the Cle Elum Municipal Court, a request for
an SMD expert shall be deemed by the court to be a request to set (or re-set)
the hearing to a day scheduled for the agency's SMD expert.  An SMD expert
called as a witness by either party may testify by telephone; however, any
party intending to elicit telephonic testimony from an SMD expert shall notify
the court and the opposing party at least 5 days prior to the date set for the
contested hearing.


[Adopted effective September 1, 2011]


                   Comments to Local Infraction Rule 6.6(e).

LIR 6.6(e) is designed to address the problem of requests for SMD experts being
"buried" within discovery requests or other documents filed in contested
infraction cases.  A request for an SMD expert which stands alone and is
clearly identified as a request for an SMD expert will eliminate continuances
for defendants who desire the presence of an SMD expert but who have not made
their wish sufficiently clear to the prosecuting authority.  Allowing SMD
expert testimony by telephone serves to reduce costs incurred by law
enforcement agencies as well as assisting defendants in presenting the
testimony of their own SMD experts.
    

    
                                 LIRLJ 6.6(f)
             PUBLIC ACCESS TO SPEED MEASURING DEVICE CERTIFICATES


     Pursuant to IRLJ 6.6(d), the court maintains as public records any design
and construction certifications for electronic speed measuring devices and
laser speed measuring devices filed with the court.


[Adopted effective September 1, 2011]
    

DECLARATION INTERPRETER'S DECLARATION

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

LCRRLJ4.5 FORM1 STIPULATED PRE-TRIAL STATEMENT OF READINESS

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

LCRRLJ4.5 FORM2 DEFERRED PROSECUTION FINDINGS OF FACT,CONCLUSIONS OF LAW & ORDER

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

LCRRLJ4.5 FORM3 STIPULATION FOR AND ORDER FOR STAY OF PROCEEDINGS

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

LIRLJ 3.5 FORM DEFENDANT'S REQUEST FOR DECISION ON WRITTEN STATEMENTS

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