| |
Kirkland Municipal Court
Local Court Rules
Table of Rules
Kirkland Municipal Court Local General Rules (KMCLGR)
KMCLGR 1 Courtroom Decorum
Kirkland Municipal Court Local Criminal Rules (KMCLR)
KMCLR 1 Adoption of Local Rules
KMCLR 2 Title of Rules
KMCLR 3 Presiding Judge
KMCLR 4 Form of Pleadings - Style and Form - Facilitating Proof of Service and Filing of Papers
KMCLR 5 Bail Forfeitures for Specific Crimes - RESCINDED
KMCLR 6 Bail/Domestic Violence New Offenses
KMCLR 7 Pre-Trial and Readiness Hearings
KMCLR 8 Defense Continuances
KMCLR 9 Petitions for Deferred Prosecution
KMCLR 10 Requirements for Payment of Jury Fees
KMCLR 11 Confirmation of Jury Trial
KMCLR 12 Requirement for Payment of Administrative Probation Fees
KMCLR 13 Requirement for Payment on Courtesy Warrant Calendar
KMCLR 14 Video Conference Proceedings
KMCLR 15 Sentencing - RESCINDED
KMCLR 16 Withdrawl of Counsel
KMCLR 17 Restitution
KMCLR 18 Requirements for Payment Following Imposition of Fines, Costs, Assessments and Forfeitures
KMCLR 19 Use of a Collection Agency and Assessment as Court Costs of Amounts Paid for Collection Services
Kirkland Municipal Court Local Infraction Rules (KMCLIR)
KMCLIR 1 Adoption of Local Rules
KMCLIR 2 Title of Rules
KMCLIR 3 Speed Measuring Device: Design and Construction Certification
KMCLIR 4 Decisions on Written Statements
KMCLIR 5 Notice of Appearance Required for Contested Hearings
KMCLIR 6 Proof of Insurance
KMCLIR 7 Requirements for Payment Following Infraction Hearing
KMCLIR 8 Time for Hearing - Objections to Date
KMCLIR 9 Driving without a License
KMCLIR 10 Infraction Prehearing Conference - Rescinded
KMCLIR 13 Requirement for Payment on Courtesy Warrant Calendar
KMCLGR-1
COURTROOM DECORUM
A. PHOTOGRAPHY, RECORDING, TELEVISING, BROADCASTING
The taking of photographs or the electronic recording of proceedings in the
courtroom or its environs in connection with any judicial proceeding and the
broadcasting of judicial proceedings by radio, television or other means is
prohibited, except as provided in this rule.
As used herein, "judicial proceeding" means: (1) any hearing required to be
held "on the record" by Supreme Court rule including but not limited to
preliminary hearings, arraignments, pre-trial proceedings, motions, criminal
and civil trials, sentencing hearings, post-conviction relief hearings,
mitigation and contested hearings; (2) any proceeding before a judicial
officer, including a judge, court commissioner, traffic magistrate judge or
judge pro-tem; (3) all sessions of any jury trial including jury orientation or
selection, and (4) it shall include witnesses, jurors, judicial officers and
court employees.
"Courtroom" of the Kirkland Municipal Court means the courtroom itself, witness
or jury rooms, and any location where civil infraction proceedings are conducted.
"Environs" means any area located within the interior confines of the Kirkland
Municipal Courthouse, including but not limited to the entrances, hallways,
corridors, foyers, conference rooms, restrooms and lobbies therein including
probation or other offices.
B. CELL PHONES, ELECTRONIC DEVICES AND TEXT MESSAGING
Lawyers, defendants and members of the public may carry cell phones or other
portable electronic devices into the court facility. When in any courtroom,
all phones or other portable electronic devices shall either be turned off or
silenced. No phone calls or text messages shall be sent or received within any
courtroom. If silenced, the possessor of the device shall make certain that
any transmissions do not interfere with court proceedings.
Failure to comply with this section may result in the confiscation of the cell
phone or other portable electronic device and may include a fine or
incarceration for Contempt.
C. EXCEPTIONS
1. The following exception applies to sections A and B above:
a) Court, probation or law enforcement personnel conducting official business.
2. With the consent of the courtroom's judicial officer, or the presiding judge
of the court, the following exceptions may be granted to sections A and B above:
a) News media conditions and limitations as addressed in GR 1
b) Ceremonial proceedings, including, but not limited to weddings or a
judge or judicial officer's investiture;
c) For the limited purpose of presenting evidence, perpetuation of the
record of proceedings, and security;
d) For the purposes of judicial administration;
e) As otherwise authorized by the court.
(Effective September 1, 2011)
KMCLR 1 ADOPTION OF LOCAL RULES
These rules are adopted pursuant to CrRLJ 1.7.
[Adopted effective September 1, 2001]
KMCLR 2
TITLE OF RULES
These rules may be known and cited as the Kirkland Municipal Court Local Criminal Rules.
The criminal rules shall be referred to as KMCLR.
[Adopted effective September 1, 2006]
KMCLR 3
PRESIDING JUDGE
The Presiding Judge shall conduct duties of the office pursuant to GR 29.
[Adopted effective September 1, 2006]
KMCLR 4
FORM OF PLEADINGS - STYLE AND FORM - FACILITATING PROOF
OF SERVICE AND FILING OF PAPERS
(a) Action Documents. Pleadings or other papers
requiring action on the part of the Clerk/Court (other
than file stamping, docketing and placing in the court
file) shall be considered action documents. Action
documents shall include a special caption directly
below the case number on the first page, stating:
"Clerk's Action Required". The action to be taken must
be stated either next to the special caption or in the
first paragraph on the first page. The clerk will not
search through letters, notices of appearance, requests
for discovery, or other materials to locate possible
requests for action items.
(b) Format. All pleadings and other papers shall
include or provide for the following, unless otherwise
authorized by the court:
(1) Service and Filing. Space should be provided at
the top of the first page of a document allowing on the
right half for the clerk's filing stamp, and in the
left half for proof of, or acknowledgement of, service.
The papers should when feasible, such as common
pleading or service forms, be pre-drilled or punched at
the page top for fastening in court files.
(2) Numbered Paper. All pleadings, motions,
affidavits, briefs, and other supporting documents
prepared by attorneys/parties should be on paper with
line numbering in the left hand margin.
(c) Handling by Clerk. All pleadings or other papers
with proper caption and cause number will be date
receipted, docketed and secured/placed in the court
file by the Clerk of the Municipal Court in the order received.
(d) Form of Pleadings. Pleadings in compliance with
this rule shall be in substantially the following form:
SPACE FOR SERVICE / SPACE FOR COURT FILING
PROOF / STAMP
/
IN THE MUNICIPAL COURT FOR THE CITY OF _______________,
KING COUNTY, STATE OF WASHINGTON
________________________,)
) CAUSE NO. XXXXXXXX
Plaintiff, )
) CLERK'S ACTION REQUIRED:
) (note action required here
or
) in first paragraph)
)
vs. )
) MOTION TO SET REVIEW
________________________,)
)
_______Defendant ________)
CLERK'S ACTION REQUIRED: (note action required here or in caption).
(Adopted effective September 1, 2006)
KMCLR 5
Bail Forfeitures for Specific Crimes
RESCINDED
[Adopted effective September 1, 2006; Amended effective September 1, 2012]
KMCLR 6
BAIL/ DOMESTIC VIOLENCE NEW OFFENSES
When required to reasonably assure appearance in Court for
those persons arrested and detained in jail for new
offenses, bail shall not be set for accused persons arrested
for new offenses involving domestic violence, violation of a
court ordered no contact order or protection order, or
violation an anti-harassment order, except at the
preliminary appearance or arraignment.
[Adopted effective September 1, 2006]
KMCLR 7
PRE-TRIAL AND READINESS HEARINGS.
(a) Unless otherwise ordered by the Court in a specific
case for good cause, all cases in which a defendant
enters a plea of not guilty shall be set for a pre-trial hearing.
(b) (1) The pre-trial hearing shall provide an opportunity
for negotiation between the parties. The parties shall
confer in good faith regarding any agreed disposition
prior to trial. The defendant shall be required to attend
the pre-trial hearing unless excused by the Court. Failure to
attend may result in the issuance of a bench warrant
and/or forfeiture of any bail/bond. In the event of a
disposition, the parties shall execute the appropriate documents for
the Judge to consider the matter on the record.
(2) In cases that proceed to trial, the parties shall
identify with specificity all motions and counsel may be
required to articulate on the record the basis for any
motion. All rulings made at the pre-trial hearing or
subsequent motion hearing(s) shall be binding on the
parties and shall not be re-litigated at trial. Any
motion not identified at pre-trial may be deemed waived
unless otherwise allowed by the Court. Counsel shall
identify only those motions for which there is a good
faith belief that the motion is well grounded in fact and
is warranted by existing law or a good faith argument for
the extension, modification or reversal of existing law.
(c) The Court shall assign dates and give written notice to
the parties for motion hearings and trial at the time of the
pre-trial conference and shall, in so far as is reasonably
possible, schedule those hearings after consultation with
all counsel. Other factors, such as witness
availability, shall also be considered.
(d) (1) A jury call/readiness hearing will be scheduled in
all cases proceeding to jury unless specifically waived by
the Court in a particular case for good cause shown. This
calendar will be held during the week prior to the scheduled
jury trial. The defendant shall be required to attend this
hearing unless excused by the Court. Failure to attend the
readiness hearing may result in the issuance of a bench
warrant, the case being stricken from the month's jury
calendar, and/or forfeiture of bail/bond.
(2) A request for a jury trial date constitutes an
assurance that the parties will be ready to begin jury
selection immediately on the morning of trial.
(e) A Jury trial must be confirmed by the defendant, or
defense council, or prosecuting attorney by notifying the
court at or before 1:30 p.m. the court day prior to trial.
Failure to do so may result in witness or jury costs being imposed.
[Adopted effective September 1, 2006]
KMCLR 8
DEFENSE CONTINUANCES
A request for continuance must be made either by the
defendant or defendant's attorney 48 hours before the
scheduled hearing. Only the following hearings are eligible
for a one-time continuance by the clerk:
1) Non-Prosecutor Contested Hearings
2) Non-DV and Non-DUI Arraignments
3) For a first time continuance of a Pre trial hearing,
the Court will require an agreed motion to continue, filed
with a speedy waiver if applicable at least 48 hours before
the scheduled hearing. Upon receiving the agreed order
and/or waiver, the clerk will reschedule the hearing.
If a motion for continuance is received and it is not
agreed, the clerk will file the motion in the court file.
The motion to continue will be determined by the Judge at
the scheduled hearing.
[Adopted effective September 1, 2006]
KMCLR 9 PETITIONS FOR DEFERRED PROSECUTION
Petitions for deferred prosecution submitted pursuant to RCW
10.05 shall include a waiver of jury trial signed by the
defendant and counsel, if any. Such petitions shall be
presented to the Prosecutor and the Court no later than
seven days prior to the time the Court is requested to grant
the order. The petition shall include the petition,
appropriate assessment, treatment plan, and proposed order.
[Adopted effective September 1, 2001]
KMCLR 10
REQUIREMENTS FOR PAYMENT OF JURY FEES
(a) If a defendant requests a jury trial, and does not
waive his or her right to a jury trial within 24 hours prior
to the scheduled trial or otherwise notifies the Court that
the jury trial will not proceed, and the Court incurs the
expense of summing the jurors, the defendant may be
responsible for payment to the Court in the amount of costs incurred.
(b) If a jury trial is scheduled and the prosecutor does
not notify the court within 24 hours the jury trial will not
proceed due to known evidentiary problems, and the Court
incurs the expense of summing the jurors, the Prosecutor may
be responsible for payment to the Court in the amount of costs incurred.
[Adopted effective September 1, 2006]
KMCLR 11
CONFIRMATION OF JURY TRIAL
Both parties shall confirm with the Court Clerk whether or
not a case set for jury trial is going to be tried to a jury
no later than 1:30 p.m. on the court day preceding the date
that the case is set for jury trial. Failure to confirm may
result in the imposition of sanctions against either or both
parties, pursuant to KMCLR 10.
[Adopted effective September 1, 2006]
KMCLR 12 REQUIREMENT FOR PAYMENT OF ADMINISTRATIVE PROBATION FEES
The Court may impose an administrative probation fee up to
the maximum fee permitted under the current state statute.
[Adopted effective September 1, 2001]
KMCLR 13
REQUIREMENT FOR PAYMENT ON COURTESY WARRANT CALENDAR
A defendant who has been charged with a criminal violation
and has an outstanding warrant in the Kirkland Municipal
Court who requests to attend the courtesy warrant calendar
will be assessed $75 per case in court costs. The court
costs shall be collected by the Kirkland Municipal Court
when the defendant appears in Court and requests to appear
on the courtesy warrant calendar.
[Adopted effective September 1, 2006]
KMCLR 14
VIDEO CONFERENCE PROCEEDINGS
(1) Authorization. Preliminary appearances held pursuant
to CrRLJ 3.2.1(d), arraignments held pursuant to CrRLJ 3.4
and 4.1, bail hearings held pursuant to CrRLJ 3.2, and trial
settings held pursuant to CrRLJ 3.3(f), may be conducted by
video conference in which all participants can
simultaneously see, hear and speak with each other. Such
proceedings shall be deemed held in open court and in the
defendant's presence for the purpose of any statute, court
rule or policy. All video conference hearings conducted
pursuant to this rule shall be public, and the public shall
be able to simultaneously see and hear all participants and
speak as permitted by the Kirkland Municipal Court judge, judge
pro-tem or court commissioner. Any party may request an in-
person hearing which may be granted at the discretion of the
Municipal Court judge, judge pro-tem or court commissioner.
(2) Agreement. Other trial court proceedings, including
the entry of a Statement of Defendant on Plea of Guilty as
provided for by 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 Kirkland
Municipal Court judge, judge-pro tem or court commissioner.
(3) Standards for Video Conference Proceedings. The
standards for video conference proceedings shall be as
specified in CrRLJ 3.4(d)(3).
(Adopted effective September 1, 2006)
KMCLR 15
SENTENCING
RESCINDED - September 1, 2006
KMCLR 16 WITHDRAWL OF COUNSEL
Counsel for the defendant may not withdraw from a pending
criminal matter without authorization by the Court.
Counsel’s failure to appear for any hearing without prior
authorization from the Court may result in sanctions being
imposed against counsel at a show cause hearing.
[Adopted effective September 1, 2001]
KMCLR 17
RESTITUTION
Where the Court orders that a defendant pay restitution, but
does not set an amount at the time of disposition, the
prosecuting attorney shall, within 60 days, file with the
Court a proposed amount, with documentation in support
thereof. The Prosecutor shall mail to the defendant's last
known address the proposed amount, with copies of the
supporting documents. If the defendant wishes to contest
the proposed amount, the defendant shall file with the Court
an objection within 30 days of the date of the proposed
amount was mailed to the defendant's last known address.
Upon receipt of an objection by the Court, the Court shall
schedule a restitution hearing, and shall send notice to the
Prosecutor and the defendant. If the defendant does not
object, the proposed amount shall be entered as a judgment.
[Adopted effective September 1, 2006]
KMCLR 18 REQUIREMENTS FOR PAYMENT FOLLOWING IMPOSITION OF
FINES, COSTS, ASSESSMENTS AND FORFEITURES
(a) Upon imposition of a fine, cost, assessment or
forfeiture for a criminal charge filed with the Kirkland
Municipal Court, absent extenuating circumstances, the
defendant shall make payment in full at the time of
imposition.
(b) Payment agreement may be authorized upon permission
from the Court. The authorization of a payment agreement
shall be subject to the conditions set at the time of the
order.
(c) Failure to make payment pursuant to the agreement shall
be enforceable pursuant to otherwise applicable Court rules,
state law or administrative code regulations.
[Adopted effective September 1, 2001]
KMCLR 19 USE OF A COLLECTION AGENCY AND ASSESSMENT AS COURT
COSTS OF AMOUNTS PAID FOR COLLECTION SERVICES
(a) The Court shall use the services of a collection agency
for the purposes of collecting unpaid and delinquent
penalties on infractions, criminal fines, costs, assessments
and forfeitures, on the terms and conditions of the contract
for collection services between the City of Kirkland and
said collection agency, and may be subsequently amended.
(b) 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.
[Adopted effective September 1, 2001]
KMCLIR 1 ADOPTION OF LOCAL RULES
These rules are adopted pursuant to IRLJ 1.3.
[Adopted effective September 1, 2001]
KMCLIR 2
TITLE OF RULES
These rules may be known and cited as the Kirkland Municipal
Court Infraction Local Rules. The infraction rules shall be
referred to as KMCLIR.
[Adopted effective September 1, 2006]
KMCLIR 3 SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION
CERTIFICATION
Any person who requests production of an electronic speed
measuring device expert, and who is thereafter found by the
Court to have committed the infraction, shall be required to
pay the fee charged by the expert as a cost incurred by that
party, as provided in RCW 46.63.151.
[Adopted effective September 1, 2001]
KMCLIR 4
DECISIONS ON WRITTEN STATEMENTS
(a) Request for Decision on Written Statement or E-mail. If the defendant
submits a timely request for a hearing to contest or mitigate an infraction,
the defendant may elect to seek a decision or request for Deferred Finding on
written statement, or email, pursuant to the provisions of IRLJ 3.5 and KMCLIR
4. A defendant who elects to contest or mitigate an infraction by decision on
written statement or email shall be deemed to have waived an in-court hearing
to contest or mitigate the infraction in person.
In the case where a defendant requests or petitions for a Deferred Finding
which is denied by the court, will be treated as a request for a mitigation
hearing on written statement or email.
(b) Time for Submitting Request for Decision on Written Statement or E-mail.
The request for a decision or request for a Deferred Finding by written
statements or email shall be submitted no later than the scheduled hearing time
or they will not be considered.
(c) Declaration for Written Statement or E-mail Required. A defendant wishing
to proceed by decision or request for Deferred Finding on written statement or
email shall provide a written statement or email which sets forth the facts
and/or defense(s) that the defendant would like the court to consider. A
written statement or email submitted pursuant to this rule shall be submitted
by declaration as follows:
"I declare under penalty of perjury under the laws of the state of Washington
that the foregoing is true and correct," and shall be in substantially the following form:
Name of Defendant:
Address:
Infraction Number (upper right corner of citation):
Violation Date:
I wish to request a Deferred Finding [ ]
I wish to mitigate the infraction [ ]
I wish to contest the infraction [ ]
Statement:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
I declare under penalty of perjury under the laws of the state of Washington
that the above information is true and correct.
Executed this ________ day of __________, 20____ at ____________________ (city/state).
__________________________
Signature
The written statement or email shall be submitted at the same time as the
request for decision on written statement or email.
(d) Time for Examination, Factual Determination, Disposition and Notice to
Parties. The time for examination, factual determination, disposition and
notice to parties shall be pursuant to IRLJ 3.5(a)-(b).
(e) No Appeal Permitted. There shall be no appeal from a decision on written
statements or email.
[Adopted effective September 1, 2001; Amended effective September 1, 2011]
KMCLIR 5 - NOTICE OF APPEARANCE REQUIRED FOR CONTESTED HEARINGS
Attorneys appearing on behalf of clients shall file a Notice of Appearance
with the Court and Prosecutor no later than 3 court days prior to the hearing.
Failure to provide such notice shall be grounds for continuing the case to the next
available calendar when the Prosecutor will be present.
[Adopted effective September 1, 2002; Amended adopted effective September 1, 2007]
KMCLIR 6
PROOF OF INSURANCE
If a defendant who is charged with driving a motor vehicle without having
proof of valid insurance pursuant to RCW 46.20, and that defendant presents
satisfactory evidence that they have obtained valid insurance to the Clerk of
the Court within 15 days of the date of the citation, for the vehicle the
defendant was operating on the day he/she was cited, then the bail for the
offense shall be reduced to $250.00.
If, within fifteen (15) days of the date of the citation, the defendant
presents satisfactory evidence of valid insurance being in effect at the time
the citation was issued, then the offense shall be dismissed upon payment of
the $25.00 administrative fee. "Satisfactory evidence" shall mean 1) written
identification card from the insurance company, and 2) proof that the defendant
was insured to drive the vehicle s/he was operating at the time of the
violation. If the defendant is not named on the insurance card, the defendant
must provide: (a) a copy of the policy verifying the defendant is noted as a
named insured on the policy; (b) a copy of the policy showing who is covered
(i.e. that it covers all other drivers who operate the vehicle with the
permission of the owners); or (c) a letter from the insurance agent clearly
stating that the defendant would have been covered under the policy provisions
on the date charged.
(Adopted Effective September 1, 2006; Amended adopted effective September 1, 2011)
KMCLIR 7 REQUIREMENTS FOR PAYMENT FOLLOWING INFRACTION HEARING
(a) If a defendant who has been charged with a traffic or
other infraction filed with the Kirkland Municipal Court is
found to have committed that infraction, absent extenuating
circumstances, the defendant shall make payment in full of
the amount of the penalty at the time of the hearing in
which the defendant was found to have committed the
infraction.
(b) Payment agreements on infractions may be authorized
upon permission from the Court upon timely request. The
authorization of time payments in infraction cases shall be
subject to the conditions set at the time of the order
authorizing time payments.
(c) Failure to make payment on the penalties on the
committed infractions shall be enforceable pursuant to
otherwise applicable Court rules, state law or
administrative code regulations.
[Adopted effective September 1, 2001]
KMCLIR 8
TIME FOR HEARING - OBJECTIONS TO DATE
The Court shall follow the provisions of IRLJ 2.6.
[Adopted effective September 1, 2006]
KMCLIR 9
DRIVING WITHOUT A LICENSE
If a defendant who is charged with driving a motor vehicle
without having a valid driver's license issued to Washington
residents pursuant to RCW 46.20, and that defendant presents
valid license proof to the court clerk, then the fine for
the offense shall be reduced to $250.
[Adopted effective September 1, 2006]
KMCLIR 10
INFRACTION PREHEARING CONFERENCE
RESCINDED - September 1, 2011
KMCLR 13
REQUIREMENT FOR PAYMENT ON COURTESY WARRANT CALENDAR
A defendant, who has been charged with a criminal violation and has an
outstanding warrant in the Kirkland Municipal Court, may request to have the
matter head on the weekly walk-in warrant calendar. The following terms and
conditions shall apply:
Bench warrant amount is $1-1,000:
Option 1:
Pay $100 bench warrant fee. Bench warrant will be quashed and hearing will be
set by the clerk of court.
Option 2:
Turn him/herself into the Kirkland Jail
Bench warrant amount is $1,001 - $5,000:
Option 1:
Post cash bail in the amount of 10% of bench warrant amount ($100 of this
amount will be put towards bench warrant cost.) Bench warrant will be quashed
and hearing on next available walk-in calendar will be scheduled.
Option 2:
Pay $100 bench warrant fee. Bench warrant will remain active and hearing on
next available walk-in calendar will be scheduled
Option 3:
Turn him/herself into the Kirkland Jail
Bench warrant amount is greater than $5,000
Option 1:
Post cash bail in the amount of 100% of bench warrant amount ($100 of this
amount will be put towards bench warrant cost.) Bench warrant will be quashed
and hearing on next available walk-in calendar will be scheduled.
Option 2:
Pay $100 bench warrant fee. Bench warrant will remain active and hearing on
next available walk-in calendar will be scheduled
Option 3:
Turn him/herself into the Kirkland Jail
[Adopted effective September 1, 2009]
|
|
