Federal Way Municipal Court
Local Rules
Table of Rules
Local General Rules (FWMCLGR)
30 Electronic Filing - Photo Enforcement
Local Administrative Rules (FWMCLAR)
2 Scope of Rules - Photo Enforcement
11 Misdemeanant Probation
12 Registration by Courts of Limited Jurisdiction - - Court Business Hours
Local Criminal Rules (FWMCLR)
1.8 Title of Rules
3.2 Release of Accused -- Bail Schedule
3.4 Presence of the Defendant - - Video Conference Hearings
4.1 Arraignment -- Mandatory Appearances and Continuances
7.3 Judgment -- Costs/Assessments/Collection
8.2 Motions
Local Infraction Rules (FWMCLIR)
1.2 Definitions -- Defendant in Photo Enforcement Cases
2.2 Initiation of Infraction Cases -- Photo Enforcement
2.6 Scheduling of Hearings - - Photo Enforcement - Rescinded
3.1 Contested Hearings - - Subpoenas and Witnesses
3.3 Procedure at Contested Hearing -- Attorneys at Contested Code Compliance Hearings
3.5 Decision on Written Statements -- Disposition by Written Statement, E-Mail Statement,
and by Violations Bureau
4.2 Failure to Pay or Complete Community Restitution for Traffic Infraction --
Use of Collection Agencies
6.2 Monetary Penalty Schedule for Infractions -- Photo Enforcement Monetary Penalties
6.3 Title and Citation of Rules
FWMCGR 30
ELECTRONIC FILING - PHOTO ENFORCEMENT
(d)(2)(D)(ii) The electronic signature of the officer applied to a Notice of
Infraction pursuant to FWMCLIR 2.2 is presumed to be under penalty of perjury.
(Effective September 1, 2012)
FWMCLAR 2
SCOPE OF RULES - PHOTO ENFORCEMENT
Unless otherwise provided, all Infraction Rules for Courts of Limited
Jurisdiction (IRLJ) and all local infraction rules (FWMCLIR) apply to photo
enforcement proceedings. Subject to supervision and control of the court, the
court may delegate administrative functions, filing of Notices of Infraction,
docketing of cases, and collection of fines generated by Notices of Infraction
issued under RCW 46.63.170 to a third party vendor.
(Effective September 1, 2011)
FWMCLAR 11
MISDEMEANANT PROBATION
The court provides probation services pursuant to ARLJ 11 through a contract
with a third-party vendor.
(Effective September 1, 2010, Amended September 1, 2011)
FWMCLAR 12
REGISTRATION BY COURTS OF LIMITED JURISDICTION
COURT BUSINESS HOURS
The Federal Way Municipal Court shall be open to the public for business from
8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. Monday through Friday of
each week except for Holidays scheduled by Order of the State of Washington
Supreme Court or the Federal Way Municipal Court Presiding Judge.
FWMCLR 1.8
TITLE OF RULES
These rules may be known and cited as the Federal Way Municipal Court Local
Criminal Rules and shall be referred to as FWMCLR.
FWMCLR 3.2
RELEASE OF ACCUSED -- BAIL SCHEDULE
The court adopts the following bail schedule pursuant to CrRLJ 3.2(b)(7) and CrRLJ 3.2(o):
A Defendant who is booked and detained in jail after the initial arrest for a
misdemeanor or gross misdemeanor shall be released upon promising to appear in
court and posting bail in the amount of $500 for a misdemeanor and $1,000 for a
gross misdemeanor, except for the following offenses:
1. Domestic Violence Offenses: Defendants booked and detained in jail after
the initial arrest shall be held in non-bailable status pending hearing the
next court day following booking for any crime alleging domestic violence under
RCW 10.99.020(5) or domestic violence violations alleged under FWRC 6.35.070
and/or FWRC 6.35.090.
2. Driving Under the Influence/Physical Control: Defendants booked and
detained in jail after the initial arrest shall be held in non-bailable status
pending hearing the next court day following booking for Driving Under The
Influence pursuant to RCW 46.61.502 or Physical Control of a Motor Vehicle
While Under The Influence pursuant to RCW 46.61.504.
3. Other Crimes: Defendants booked and detained in jail after the initial
arrest shall be held in non-bailable status pending hearing the next court day
for the following crimes:
(a) Assault in the fourth degree - RCW 9A.36.041
(b) Harassment - RCW 9A.46.020
(c) Violation of an anti-harassment order - RCW 9A.46.040 and FWRC 6.35.060
(d) Stalking - RCW 9A.46.110
(e) Communicating with a minor for immoral purposes - RCW 9.68A.090
(f) Indecent Exposure - RCW 9A.88.010
(g) Aiming or Discharge of a Firearm - RCW 9.41.230
(h) Loaded Firearm in a Vehicle - RCW 9.41.050(2)
(i) Unloaded Firearm in a Vehicle - RCW 9.41.050.1A
(j) Altering a Firearm - RCW 9.41.140
(k) Carrying Concealed Pistol w/o a license in Vehicle - RCW 9.41.050(2)(a)
(l) Carrying Concealed Pistol w/o a license on Person - RCW 9.41.050(1)(a)
(m) Leaving Unloaded Pistol in Vehicle - RCW 9.41.050(3)(a)
(n) Unlawful Carrying or Display of Weapons - RCW 9.41.270
(o) Weapons in a Prohibited Area - RCW 9.41.300
(p) Weapons in a Prohibited Area - Court - RCW 9.41.300
(q) Possession of Dangerous Weapon - RCW 9.41.250
(r) Possession of Dangerous Weapon - School - RCW 9.41.280
(s) Malicious Mischief in the third degree - RCW 9A.48.090
(t) Menacing - FWRC 6.35.020
(u) Firearm on Liquor Sale Premises - FWRC 6.25.030
(v) Firearm in Restricted Area - FWRC 6.25.040
(w) Discharge of firearms prohibited - FWRC 6.25.050
(x) Firearm in Park - FWRC 4.05.220, 4.05.040
(Effective September 1, 2011)
FWMCLR 3.4
PRESENCE OF THE DEFENDANT - VIDEO CONFERENCE HEARINGS
All in-custody arraignments, bail hearings, and trial settings will be
conducted via video conference pursuant to CrRLJ 3.4. Consent to proceed via
video conference will be implied for all other hearings, excluding trial,
unless an objection is made before or during the hearing to proceeding in this
manner. However, this consent will not be implied if the defendant is not
accompanied or represented by counsel at the hearing. A defendant who is not
accompanied or represented by counsel must affirmatively give consent on the
record to proceed via video conference.
(Effective September 1, 2011, Amended September 1, 2012)
FWMCLR 4.1
ARRAIGNMENT -- MANDATORY APPEARANCES AND CONTINUANCES
a. Continuances: If a defendant requests a continuance of his or her
arraignment date in person for crimes not specified in subsection (e) of this
local rule, the Clerk is authorized to continue and reset the arraignment to a
date not later than seven (7) days after the date on which the arraignment was
initially set. This continuance may be granted by the Clerk if the defendant
signs a notice and promise to appear for the new arraignment date and waives
any objection to the later arraignment date in writing.
e. Mandatory Appearance: Defendant's appearance is mandatory and may not be
waived or continued in cases involving alleged Driving Under the Influence,
Physical Control, any crime alleging domestic violence, or any of the following crimes:
(a) Assault in the fourth degree - RCW 9A.36.041
(b) Harassment - RCW 9A.46.020
(c) Violation of an anti-harassment order - RCW 9A.46.040 and FWRC 6.35.060
(d) Stalking - RCW 9A.46.110
(e) Communicating with a minor for immoral purposes - RCW 9.68A.090
(f) Indecent Exposure - RCW 9A.88.010
(g) Aiming or Discharge of a Firearm - RCW 9.41.230
(h) Loaded Firearm in a Vehicle - RCW 9.41.050(2)
(i) Unloaded Firearm in a Vehicle - RCW 9.41.050.1A
(j) Altering a Firearm - RCW 9.41.140
(k) Carrying Concealed Pistol w/o a license in Vehicle - RCW 9.41.050(2)(a)
(l) Carrying Concealed Pistol w/o a license on Person - RCW 9.41.050(1)(a)
(m) Leaving Unloaded Pistol in Vehicle - RCW 9.41.050(3)(a)
(n) Unlawful Carrying or Display of Weapons - RCW 9.41.270
(o) Weapons in a Prohibited Area - RCW 9.41.300
(p) Weapons in a Prohibited Area - Court - RCW 9.41.300
(q) Possession of Dangerous Weapon - RCW 9.41.250
(r) Possession of Dangerous Weapon - School - RCW 9.41.280
(s) Malicious Mischief in the third degree - RCW 9A.48.090
(t) Menacing - FWRC 6.35.020
(u) Firearm on Liquor Sale Premises - FWRC 6.25.030
(v) Firearm in Restricted Area - FWRC 6.25.040
(w) Discharge of firearms prohibited - FWRC 6.25.050
(x) Firearm in Park - FWRC 4.05.220, 4.05.040
(Effective September 1, 2010, Amended September 1, 2011)
FWMCLR 7.3
JUDGMENT
COSTS/ASSESSMENTS/COLLECTION
The Court may require partial or full reimbursement for the cost of court
appointed counsel, interpreters, booking fees, warrant fees, jury fees,
conviction fees, and all other costs and assessments allowed by law.
The Court may use the services of a collection agency for the purposes of
collecting unpaid and delinquent criminal fines, costs, assessments and
forfeitures. The terms and conditions of the contract for collection services
shall be between the Federal Way Municipal Court, the City, and said collection
agency, and may be amended as necessary.
The collection agency's fee or charge, as set forth in said contract, shall be
added by the collection agency as a Court cost to the total judgment of the
Court against each Defendant whose account is referred by the Court to the
collection agency.
Nothing in this section shall prevent the Court from notifying the Department
of Licensing of the defendant's failure to pay a fine and/or costs as ordered
by the Court.
FWMCLR 8.2
MOTIONS
a. Time for Hearing
Motions shall be filed and served as follows:
1. Motion Requested at Time of Trial Setting: If a motion date is set at the
same time the case is set for trial then the moving party's brief and all
supporting documents shall be served on the opposing party and filed with the
court at least 14 days before the date scheduled for the hearing.
2. Motion Requested at Time Other than at Trial Setting: If a motion is filed
at any other time by either party, the moving party must file a note for
motion, the moving party's brief, and all supporting documents at the time the
motion is filed. The note for motion and supporting documents shall be served
and filed with the court at least 21 days before the date requested for the
hearing by the moving party.
b. Responsive Documents
The non-moving party's brief and all supporting documents shall be served and
filed at least 7 days before the date scheduled for the hearing. The moving
party's reply and all supporting documents shall be served and filed at least 2
days before the date scheduled for the hearing.
c. Proof of Service
The parties must file suitable proof showing that the opposing party was served
with the documents filed by the party.
FWMCLIR 1.2
DEFINITIONS -- DEFENDANT IN PHOTO ENFORCEMENT CASES
(c) In a photo enforcement case, the court is authorized to amend the identity
of the named defendant if that new named defendant indicates that they were
driving the vehicle at the time alleged in the Notice of Infraction.
(Effective September 1, 2011)
FWMCLIR 2.2
INITIATION OF INFRACTION CASES -- PHOTO ENFORCEMENT
(b)(1) For a photo enforcement Notice of Infraction, the officer signs the
Notice of Infraction when the officer approves the Notice of Infraction and his
or her name is affixed to the Notice of Infraction in the computer system
provided for that purpose.
(d) A photo enforcement Notice of Infraction signed by an officer pursuant to
FWMCLIR 2.2(b)(1) is filed with the court when it is made part of the computer
system of the third party vendor authorized in FWMCLAR 2. There is a
rebuttable presumption that the date the Notice of Infraction is made part of
the computer system of the third party vendor is the same as the date of
issuance of the first Notice of Infraction against the defendant.
(Effective September 1, 2011)
FWMCLIR 2.6
SCHEDULING OF HEARINGS -- PHOTO ENFORCEMENT
[Rescinded effective August 31, 2011]
FWMCLIR 3.1
CONTESTED HEARINGS
SUBPOENAS AND WITNESSES
A request by a defendant for the court to authorize a subpoena of a witness
must be received by the court at least 14 days before the date of the contested
hearing. This includes the police officer whose presence is not required
unless subpoenaed. The Court will deny the request for the subpoena or
condition the issuance of the subpoena upon a continuance of the hearing date
if the request for a subpoena is made less than 14 days prior to the scheduled hearing.
All officer subpoena cases shall be heard on a special calendar and a request
to subpoena the officer will result in the case being rescheduled to the date
and time of that special calendar.
It is the responsibility of the party requesting the subpoena to arrange for
proper service of the subpoena on the witness.
FWMCLIR 3.3
PROCEDURE AT CONTESTED HEARING
ATTORNEYS AT CONTESTED CODE COMPLIANCE HEARINGS
The court may require that the city have an attorney appear at contested code
compliance infraction hearings.
FWMCLIR 3.5
DECISION ON WRITTEN -- STATEMENTS DISPOSITION BY WRITTEN STATEMENT,
E-MAIL STATEMENT, AND BY VIOLATIONS BUREAU
a. Hearings by Mail or E-Mail
Traffic infractions may be heard by the Court based on written or e-mail
submissions from the City and the defendant. Written or e-mail submissions
must be provided to the Court five (5) business days in advance of the date set
for contested hearing or mitigation hearing in compliance with Infraction Rules
of Limited Jurisdiction (IRLJ). A finding of committed may be entered and the
full fine assessed if written or e-mail submissions are not timely provided and
defendant fails to appear for the in-person hearing.
b. Dispositions by Violations Bureau
The defendant may request an in-person contested or mitigation hearing for any
offense, but a defendant may agree in writing to waive an in-person hearing and
permit the clerk to enter the following dispositions for the following offenses:
1. Proof of Insurance - If a defendant who is charged with driving a motor
vehicle without having proof of valid insurance presents to the clerk
satisfactory evidence of valid insurance in effect for the defendant or the
vehicle the defendant was operating at the time the citation was issued, then
the charge will be dismissed and $25.00 in court costs shall be assessed.
2. Disabled Parking - If a person charged with violation of parking in a
disabled space without proper parking placard, license plate or picture
identification, 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, the infraction shall be
dismissed and the court clerk shall be authorized to make appropriate notation
of the dismissal in court records.
3. Expired Vehicle License Tabs - The clerk is authorized to enter a
committed finding and judgment in the amounts set forth below if defendant
shows proof that the vehicle license tabs for the vehicle in question have been
renewed and are current:
Expired tabs under two months - $85
Expired tabs over two months - $140
(Effective September 1, 2010, Amended September 1, 2011)
FWMCLIR 4.2
FAILURE TO PAY OR COMPLETE COMMUNITY RESTITUTION FOR TRAFFIC INFRACTION
USE OF COLLECTION AGENCIES
The Court may use the services of a collection agency for the purposes of
collecting unpaid and delinquent penalties on infractions, assessments and
forfeitures. The terms and conditions of the contract for collection services
shall be between the Federal Way Municipal Court, the City, and said collection
agency, and may be amended as necessary.
The collection agency's fee or charge, as set forth in said contract, shall be
added by the collection agency as a Court cost to the total judgment of the
Court against each Defendant whose account is referred by the Court to the
collection agency.
Nothing in this section shall prevent the Court from notifying the Department
of Licensing of the defendant's failure to pay a fine and/or costs as ordered
by the Court.
FWCLIR 6.2
MONETARY PENALTY SCHEDULE FOR INFRACTIONS
PHOTO ENFORCEMENT MONETARY PENALTIES
Unless a different penalty is provided for by state law or local ordinance, the
monetary penalty for an infraction issued through means of a photo enforcement
system shall not exceed the following amounts:
Red Light Enforcement - $124
School Zone Speeding 1-5 MPH over speed limit - $189
School Zone Speeding 6-10 MPH over speed limit - $210
School Zone Speeding 11+ MPH over speed limit - $250
FWMCLIR 6.3
TITLE AND CITATION OF RULES
These rules may be known and cited as the Federal Way Municipal Court Local
Infraction Rules and shall be referred to as FWMCLIR.
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