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Lakewood Municipal Court
Local Court Rules
Table of Rules
Chapter I General Rules
LMCLR GR 1.1 Scope
LMCLR GR 1.2 Purpose and Construction
LMCLR GR 1.3 Effect
LMCLR GR 1.4 Definitions
LMCLR GR 1.5 Schedule of Fees
LMCLR GR 1.6 Waiver of Account Balances
Chapter II Criminal Rules
LMCLR CR 2.2 Warrant Recall Procedures
LMCLR CR 3.2(n) Bail or Bond Procedures
LMCLR CR 3.2(o) Bail for New Domestic Violence Offenses
LMCLR CR 4.1 Arraignments and Continuances of all Matters other than Arraignment
LMCLR CR 4.2(i) Deferred Prosecution
LMCLR CR 4.5 Pre-Trial Hearings
LMCLR CR 4.7 Discovery - Assigned Counsel
LMCLR CR 6.4 Voir Dire
LMCLR CR 6.13 Evidence - Court's Custody of Exhibits
LMCLR CR 7.2(a) Restitution
LMCLR CR 7.2(b) Payment Arrangements
LMCLR CR 7.2(c) Community Service
LMCLR CR 7.6 Probation Department Services and Procedure
LMCLR CR 8.2 Criminal Motion Procedures
Chapter III Infraction Rules
LMCLR IR 2.6(a)(1) Continuances of Infraction Proceedings
LMCLR IR 3.1(a) Procedure at Contested Hearings - Subpoenas
LMCLR IR 3.1(b) Discovery Requests for Infractions
LMCLR IR 3.1(e) Contested Hearings - Preliminary Motions
LMCLR IR 3.2(b) Failure to Appear
LMCLR IR 3.3 Deferred Findings on Infractions
LMCLR IR 3.5 Written Statement
LMCLR IR 3.6(a) Disabled Parking
LMCLR IR 3.6(b) Mandatory Liability Insurance
LMCLR IR 3.6(c) Expired Vehicle Registration
LMCLR IR 3.6(d) NVOL with ID
LMCLR IR 3.6(e) Motor Vehicle Equipment Violations
LMCLR IR 6.2(b) Monetary Penalty for Unscheduled Infractions
Chapter IV Appeals to Municipal Court
LMCLR AR 1.1 Appeals
LMCLR GR1.1
SCOPE
These rules govern the procedures in the Municipal Court of the City of
Lakewood in all proceedings and supplemented in light of the common law and the
decisional law of this city. These rules shall not be construed to affect or
derogate from the constitutional rights of any defendant.
(Effective 09/01/2012)
LMCLR GR1.2
PURPOSE AND CONSTRUCTION
These rules are intended to provide for the just determination of every
proceeding. They shall be construed to secure simplicity in procedure, fairness
in administration, effective justice, and the elimination of unjustifiable
expense and delay.
These rules are not intended to supersede or conflict with any statutes
covering procedures for criminal and infraction violations or the Criminal
Rules for Courts of Limited Jurisdiction (CrRLJ), or the Infraction Rules for
Courts of Limited Jurisdiction (IRLJ).
(Effective 09/01/2012)
LMCLR GR1.3
EFFECT
Except as otherwise provided elsewhere in these rules, on their effective date:
1) Any acts done before the effective date in any proceedings then pending or
any action taken in any proceeding pending under rules of procedure in effect
prior to the effective date of these rules are not impaired by these rules.
2) These rules also apply to any proceedings in court then pending or
thereafter commenced regardless of when the proceedings were commenced, except
to the extent that in the opinion of the court, the former procedures should
continue to be made applicable in a particular case in the interest of justice
or because of infeasibility of application of the procedures of these rules.
(Effective 09/01/12)
LMCLR GR1.4
DEFINITIONS
As used in these rules, unless the context clearly requires otherwise:
1) "Earliest practicable day" means the next regularly scheduled court calendar.
2) "Next business day" means the next day the court is open for business.
(Effective 09/01/12)
LMCLR GR1.5
SCHEDULE OF FEES
The following shall be the schedule of fees charged for certain services provided by the
Municipal Court. These amounts are consistent with RCW 3.62.060.
Duplication of Electronic Records $10.00/tape or CD
Paper Copy/Fax Expenses $1.00/first page, $.50/each additional page
Certified Copy $5.00/document
Postage actual cost
Civil Filing Fee - as set by Pierce County District Court
JIS Data Dissemination charges will be set in accordance with the Administrative Office of the Courts.
(Effective 09/01/12)
LMCLR GR1.6
WAIVER OF ACCOUNT BALANCES
1) Delinquent account balances under $10.00 on adjudicated cases where all other
conditions of sentencing have been satisfied may be waived administratively and
closed on a case-by-case basis.
2) Any case for which jurisdiction has expired, and the only remaining condition of
sentence is to pay an account balance that has been in collections for ten years or more,
and the account has been deemed uncollectible, the remaining balance may be waived
administratively and closed. A docket entry will be made on each case reflecting the
above for audit purposes, and the case will be closed.
(Effective 09/01/12)
LMCLR CR2.2
WARRANT RECALL PROCEDURES
1) If a defendant has not failed to appear for a prior hearing, the defendant
may appear within 2 working days by 5 pm and reset their hearing. Prior to
resetting the hearing the defendant will complete a Personal Recognizance form
and then be given a copy of the form with the next court appearance date noted.
2) If a defendant has failed to appear for a prior hearing, and the warrant
ordered by the Judge is for a cash or bond amount, the defendant may post a $50
non-refundable warrant fee to have the warrant recalled by the clerk. The
defendant shall complete a Personal Recognizance form, and be given a copy of
the form with the next court appearance date noted, as well as a copy of the
recalled warrant (if it has been printed).
3) A defendant may post the entire bail/bond amount with the clerk to have the
warrant recalled. The defendant shall complete a Personal Recognizance form,
and be given a copy of the form with the next court appearance date noted, as
well as a copy of the recalled warrant (if it has been printed).
4) A defendant has the option to request a Motion to Recall Warrant hearing if
the defendant has not previously failed to appear for this type of hearing as
to the warrant in question. The defendant shall complete a Motion to Recall
Warrant form, and will be given a copy of the form with the next court
appearance date noted.
5) The defendant may surrender to the Pierce County Jail on an active warrant.
The warrant must have been downloaded successfully to the LESA system and the
service copy of the warrant must have been forwarded to LESA Records. If the
warrant has not been downloaded, or LESA Records does not have the service copy
of the warrant, the clerk may fax a copy of the active warrant to the Pierce
County Jail; the copy of the warrant being faxed must show that the copy may be
used as a service copy.
6) If a No Contact Order has been filed and approved by the Court, but not
previously served on a defendant, the Order will be served on the defendant
along with the Personal Recognizance form or notice of Motion to Recall Warrant
hearing. If the defendant refuses to accept service of a No Contact Order, the
warrant shall be served on the defendant and the defendant shall be transported
to the Pierce County Jail.
(Effective 09/01/12)
LMCLR CR3.2(n)
BAIL OR BOND PROCEDURES
1) Upon receipt of bail or bond for a case where charges are pending review and
filing by the Prosecutor, the court shall create a case in JIS and hold the
bail or bond for 30 days. If no formal charges have been filed by the
Prosecutor in that time, then the bail will be returned to the payee, and/or a
notice of exoneration will be mailed to the bonding agency that posted the bond.
2) When a case is dismissed or sentence imposed, any financial obligations for
fines, penalties and/or costs on the case shall be deducted from bail posted by
the defendant, and the remainder shall be returned to the defendant, unless the
bail has already been forfeited subject to RCW 10.19.140.
3) If cash bail was posted subsequent to the issuance of a bench warrant, the
court shall deduct a warrant fee prior to refunding the bail. This rule shall
also apply if a person other than the defendant posted the bail.
4) If bail or bond has been processed for forfeiture, and the judge has ordered
the forfeited bail returned to the payee, per RCW 10.19.140 the court shall
deduct a warrant fee and/or booking fee, when applicable, prior to the return
of the bail or bond forfeiture.
(Effective 09/01/12)
LMCLR CR3.2(o)
BAIL FOR NEW DOMESTIC VIOLENCE 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 or violation of an anti-harassment
order except at the preliminary appearance or arraignment.
(Effective 09/01/12)
LMCLR CR4.1
ARRAIGNMENTS AND CONTINUANCES OF ALL MATTERS OTHER THAN ARRAIGNMENT
1) Arraignment: A lawyer may, pursuant to CrRLJ 4.1(d), enter an appearance on
behalf of a client, except in cases in which the docket or charging document
states that one or more of the charges involves DUI, Physical Control, any
Domestic Violence charge, including, but not limited to Assault 4th DV,
Malicious Mischief DV, Harassment, Violation of an Antiharassment/No Contact
Order, Stalking or Harassment, whereupon the defendant's presence is mandatory
and cannot be waived. Pursuant to RCW 46.61.50571, the Presiding Judge may
waive the appearance of a defendant arrested under RCW 46.61.502, 503 and 504
from the next judicial day to the next regularly scheduled arraignment calendar.
2) Unless otherwise noted for motion, all requests to continue pretrial
hearings, motions, trial dates and/or other final dispositions will require an
Agreed Order signed by both parties. The signed Agreed Order for Continuance is
to be filed no less than four working days before the scheduled hearing and
will be either approved or denied by the Judge. If an Agreed Order of
Continuance is filed less than four working days before the scheduled hearing,
the prosecutor or defense is required to file the Order in open Court for the
Judge's approval or denial.
(Effective 09/01/12)
LMCLR CR4.2(i)
DEFERRED PROSECUTION
In addition to the statutory conditions and requirements of deferred prosecution,
each defendant shall pay the administrative assessment to the Municipal Court in the
amount of $250 plus the BAC fee and any other costs related to the case. All defendants
placed on a deferred prosecution will also be placed on five year probation monitoring:
Active Supervised Probation for two years, and Monitored Unsupervised Probation for
three years. The defendant will be required to pay the fees for Probation. Restitution
is required as a condition of a deferred prosecution. An Order deferring prosecution
under RCW 10.05 will be granted only to a petitioner who has a written signed contract
for treatment.
(Effective 09/01/12)
LMCLR CR 4.5
PRE-TRIAL HEARINGS
1) 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.
2) (a) 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 bond/bail. In the
event of a disposition, the parties shall execute the appropriate documents for
the Judge to consider the matter on the record. Pre-trial hearings should be
held no later than 30 days after arraignment unless otherwise approved by the court.
(b) In cases which 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
relitigated at trial. Any motion not identified at pre-trial shall be deemed
waived unless otherwise allowed by the court. Parties 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. Parties shall comply with CrRLJ 3.6.
3) The court shall assign dates and give written notice to the parties for
future motion hearings and trial at the time of the pre-trial conference and
shall, in so far as is reasonably possible, schedule those hearings in
consultation with both parties. Other factors, such as witness availability,
shall also be considered.
4) (a) A jury call/readiness hearing will be scheduled in all cases proceeding
to trial unless specifically waived by the court in a particular case for good
cause shown. This calendar will be held during the week approximately 1 week
prior to the scheduled trial or as otherwise set by the court. The defendant
shall be required to attend this hearing unless excused by the court. Failure
to attend the jury call/readiness hearing may result in the issuance of a bench
warrant and/or forfeiture of bond/bail.
(b) 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 and submit jury instructions at the call of the jury calendar.
(c) At the conclusion of the readiness hearing, the court will no longer
accept any plea bargaining arrangements. Therefore, the case will be tried by
jury unless waived by the defendant, or concluded by a guilty plea to the
original charge(s), or a dismissal of the charge(s). When a defendant enters a
plea to an offense as charged after having confirmed for jury trial at the
readiness hearing, the court shall assess jury costs in the amount of one
hundred twenty-five dollars ($125). Jury costs may be waived by agreement of
the parties or at the discretion of the court.
(Effective 09/01/12)
LMCLR CR 4.7
DISCOVERY - ASSIGNED COUNSEL
The prosecuting authority shall provide discovery to counsel appointed at
public expense within 14 days of the prosecuting authority's receipt of the
order appointing counsel or other notification of appointment by the court.
The order appointing counsel or other notification of appointment by the court
shall be considered a written demand for discovery, thereby triggering the
prosecuting authority's discovery obligations under CrRLJ 4.7(a).
(Effective 09/01/12)
LMCLR CR 6.4
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 time or less.
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 shall submit all proposed
general questions in writing prior to voir dire.
3) The court may intervene without objections in instances of inappropriate
questioning and may limit the amount of time each party has to examine a juror
or jury panel.
(Effective 09/01/12)
LMCLR CR 6.13
EVIDENCE - COURT'S CUSTODY OF EXHIBITS
In a criminal case every exhibit in the court's custody, which is not
contraband and for which ownership is not in dispute, shall be returned to the
party who produced that exhibit upon motion of that party and expiration of the
appeal period. In the event of finding of guilty, for purpose of this rule, the
appeal period shall begin on the day of sentencing or deferral of sentencing by
the court. Exhibits not withdrawn shall be delivered by the court to the
Lakewood Police Department for disposition as abandoned property, or if
contraband, for destruction. The court shall release no exhibit without its
being receipted for by the receiving person.
(Effective 09/01/12)
LMCLR CR 7.2(a)
RESTITUTION
Where the court orders that a defendant pay restitution but does not set an
amount at the time of disposition, a restitution hearing shall be scheduled.
The prosecuting attorney shall file a restitution order with supporting
documentation at the time of the hearing. If the Prosecutor does not file a
restitution order at the time of the hearing, the matter of restitution shall
be deemed waived unless otherwise authorized by the court. If the defendant
does not object, the proposed amount shall be entered as a judgment. Payment of
restitution shall be made through the clerk of the court unless otherwise
ordered by the court.
(Effective 09/01/12)
LMCLR CR 7.2(b)
PAYMENT ARRANGEMENTS
Upon sentencing, entry of a Stipulated Order of Continuance, or entry of
Deferred Prosecution, the defendant shall pay the fines/fees assessed in the
case in full within 60 days from the date of entry.
A defendant has the option to establish an account with Signal Credit
Management Services to allow for a longer time period to complete the payment
of fees/fines. To establish an account, a defendant is required to complete a
payment application and submit the fees required by Signal Credit.
If a defendant fails to comply with the payment arrangements as agreed, Signal
Credit will notify the court that the defendant has failed to complete the
payment arrangements, and the account will be directly assigned to AllianceOne
for collection purposes. No notice will be provided to the defendant by the
court that the account has been assigned.
(Effective 09/01/12)
LMCLR CR 7.2(c)
COMMUNITY SERVICE
The court may allow a defendant to complete community service at a non-profit
organization in lieu of monetary payments in appropriate cases. Unless
otherwise ordered by the court, community service hours are credited at the
most recent minimum wage amount used by the State of Washington, rounded off to
the nearest dollar per hour worked toward any fine balances.
(Effective 09/01/12)
LMCLR CR 7.6
PROBATION DEPARTMENT SERVICES AND PROCEDURE
The role of the Municipal Court Probation Department is to assist the court in
the management of criminal justice and thereby aid in the preservation of
public order and safety. Pursuant to ARLJ 11, the Probation Officer shall
perform the following duties and follow the following procedures:
1) Conduct pre/post-sentence investigations with face to face interviews and
extensive research that may include but is not limited to: criminal history,
contact with victims, personal history, social and economic needs, community
resource needs, counseling/treatment needs, work history, family and employer
support, and complete written pre/post-sentence reports which include
sentencing recommendations to the court.
2) For offenders referred to the misdemeanant probation department, the
Probation Officer shall determine their risk to the community using a
standardized classification system with a minimum of monthly face to face
interviews for offenders classified at the highest level;
3) Probation Officer shall monitor offenders with face to face interviews
depending on risk classification system;
4) Probation Officer shall communicate with community agencies providing
services required of offenders with input to the judicial officer regarding the
following areas: alcohol/drug, domestic violence, sexual deviancy, and mental
illness.
5) In addition to the duties mentioned above, the Probation Officer is also
required to perform records checks on active probation clients, notify the
court of violations or special circumstances through written reports and direct
communication with court personnel, attend calendar proceedings as needed, and
participate in accounting of fees.
6) This rule is based upon the provisions of ARLJ 11.
(Effective 09/01/12)
LMCLR CR 8.2
CRIMINAL MOTION PROCEDURES
1) Purpose: This rule governs criminal motion practice.
2) Filings of Motions. Memoranda and Affidavits General. The moving party shall
file with the court 14 days prior to the motion hearing date the following:
The motion being noted, all supporting affidavits and documentary evidence and
a brief memorandum of authorities. Unless a court rule, statute or briefing
schedule provides a different timeframe for a response, the responding party
may file a response to the issue of law, or any counter-affidavits, briefs or
memoranda of authorities no later than five (5) days before the hearing. The
responding party may also file any pleading to which the motion is directed.
Failure to timely comply with these filing requirements may result in a
continuance or the motion being stricken from the calendar.
3) Length of Memoranda. Memoranda relating to motions shall not exceed
fifteen (15) pages. Waiver of page limitations may be granted only upon motion
demonstrating good cause which may be heard ex parte.
4) Copies of Motions, Memoranda and Affidavits. A copy of the motion, brief,
memorandum, documents and affidavit shall be furnished to the Clerk at the time
of filings for delivery to the assigned Judge for preparation. Responding
briefs, memoranda and other documents shall be filed with copies provided for
the preparation of the assigned Judge.
5) Motion Hearing Procedures. Oral argument on motions shall be limited to
ten (10) minutes for each side unless the Judge determines otherwise.
6) The Motion hearing shall proceed upon the pleadings and any submitted
police reports. If, at the time of the hearing, the City elects to provide
supplementation or the court finds that additional information is necessary to
adequately decide the issues presented by the moving party, a testimonial
hearing shall be set. Prior to the testimonial hearing, the court should advise
the parties of the issues that remain for consideration. The purpose of this
rule is to efficiently and effectively resolve pre-trial issues and to focus
the costs of testimonial hearings to cases that warrant it.
(Effective 09/01/12)
LMCLR IR 2.6(a)(l)
CONTINUANCES OF INFRACTION PROCEEDINGS
A motion for a continuance in a scheduled contested or mitigation hearing must
be made in writing and filed 7 days prior to the date of the hearing. The
motion shall show good cause for continuance. The Clerk is authorized to grant
a timely request for a continuance, unless (a) the defendant has previously
sought a continuance; (b) failed to appear for a hearing; or (c) the defendant
has either requested that witnesses be present or witnesses have been
subpoenaed. Any other requests for a continuance shall be considered by the judge.
(Effective 09/01/12)
LMCLR IR 3.1(a)
PROCEDURE AT CONTESTED HEARINGS - SUBPOENAS
1) A subpoena may be obtained pursuant to IRLJ 3.1 (a).
2) Subpoenas for 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 who issued the citation in the following manner:
(a) A subpoena may be requested and obtained from the court clerk;
(b) The defendant, or his/her attorney or agent, may effectuate service of
the subpoena upon the officer by serving the subpoena upon an employee of the
Legal Department of the City Attorney's Office in that office at least seven
days before the scheduled contested hearing;
(c) The 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 Police Department.
3) 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 09/01/12)
LMCLR IR 3.1(b)
DISCOVERY REQUESTS FOR INFRACTIONS
1) Discovery requests regarding infractions that are pending hearing shall be
governed by IRLJ 3.1 (b).
2) All discovery requests must have the following information:
Complete name of defendant, Case number and mailing address of defendant.
3) No motion to dismiss for failure to comply with IRLJ 3.1 shall be
entertained absent proof of service of such discovery request upon the opposing
party on-file with the court, in conformity with CRLJ 5(b).
(Effective 09/01/12)
LMCLR IR 3.1(e)
CONTESTED HEARINGS - PRELIMINARY MOTIONS
Motions challenging the authority of the Court, the constitutionality of the
Court, the constitutionality of any statute, ordinance or court rule pertaining
to an infraction, the authority of the prosecuting attorney prosecuting an
infraction, and/or the authority of the law enforcement agency or officer
filing an infraction must be made in writing. Such motions, together with
citations to authority and argument, must be filed with the Court and served
upon the opposing party no later than fourteen days prior to a contested
infraction hearing. Such motions may be decided by the Court with or without
oral argument, as the Court may determine.
(Effective 09/01/12)
LMCLR IR 3.2(b)
FAILURE TO APPEAR
If a defendant appears within 48 hours of a failure to appear (FTA) on a regularly
scheduled contested or mitigation hearing, has not previously failed to appear, and
the plaintiff has not been prejudiced by the FTA, the FTA will be set aside and reset
for the same hearing type pursuant to IRLJ 3.2 (b) and CRLJ 60 (b).
In all other FTA's, the defendant may request a show cause hearing. If there is a
potential basis for good cause, the Court may stop the FTA pending the show cause hearing.
(Effective 09/01/02)
LMCLR IR 3.3
DEFERRED FINDINGS ON INFRACTIONS
Upon entry of a deferred finding for an infraction, the court will monitor the
infraction for a period of six months from the date of entry to determine
compliance with the conditions set by the court. If a defendant successfully
complies with the conditions after the six month period, the charge(s) will be
dismissed as agreed.
If a defendant fails to pay the agreed costs within the time limit allowed by
the court, fails to establish an account with Signal Credit, or fails to
complete the payment plan within the time allowed, a finding of committed will
be entered for the charge(s), and collection will proceed.
If a defendant obtains a new moving violation during the first six months of
jurisdiction, the court shall extend jurisdiction over the deferral to one year
total. During the additional time period, the court shall monitor the new
moving violation(s) and determine whether or not a committed finding has been
entered. If a committed finding is entered for the new moving violation(s), per
RCW 46.63.070(5) the deferral will be revoked and the charge(s) found
committed. If the new moving violation(s) is dismissed or found not committed,
then the deferral will be monitored by the court until the end of the jurisdiction,
which shall be no less than six months from the date of entry of the deferral.
The court will not consider a request for deferred findings under RCW 46.63.070(5)
for the following violations:
RCW 46.61.440 Speeding in a School Zone
RCW 46.61.527 Speeding in a Construction Zone,
RCW 46.61.212 Emergency Zone Violations, or
RCW 46.61.370 Passing Stopped School Bus.
Defendants with a CDL (Commercial Driver's License) or who operated a commercial vehicle
at the time of the violation are not eligible to enter into a Deferred Finding.
(Effective 09/01/12)
LMCLR IR 3.5
WRITTEN STATEMENT
This Court adopts IRLJ 3.5 regarding decision on written statements for infractions.
(Effective 09/01/12)
LMCLR IR 3.6(a)
DISABLED PARKING
If a person charged with parking in a disabled parking space without proper
parking placard or license plate has a valid disabled parking placard or
disabled person's license plate at the time of citation, the defendant may
present such proof to the court along with proper picture identification. Upon
confirmation with Department of Licensing that the placard is valid, the charge
will be dismissed.
(Effective 09/01/12)
LMCLR IR 3.6(b)
MANDATORY LIABILITY INSURANCE
1) If a person charged with a violation of RCW 46.30.020, driving a motor
vehicle without having proof of valid insurance, presents to the court clerk
within 15 days of the violation, or prior to a scheduled mitigation or
contested hearing evidence that they had in effect at the time of the
infraction liability insurance as required by RCW 46.30.020, then, upon payment
of twenty-five dollars ($25), the case shall be dismissed and the court clerk
shall be authorized to make appropriate notation of the dismissal in the court file.
2) If a person charged with a violation of RCW 46.30.020, driving a motor
vehicle without having proof of valid insurance, provides proof to the court
clerk within 15 days of the violation, or prior to a scheduled mitigation or
contested hearing that they subsequently obtained liability insurance in
conformity with the requirements of RCW 46.30.020, then the penalty shall be
reduced to one hundred and fifty dollars ($150), and the clerk shall be
authorized to enter a finding that the infraction was committed and make
appropriate notations in the court record. The person will be relieved of any
further need to appear in court in connection with this charge on the infraction.
(Effective 09/01/12)
LMCLR IR 3.6(c)
EXPIRED VEHICLE REGISTRATION
If a person who has been cited with a violation of RCW 46.16A.030.5 provides
proof to the court clerk within 14 days from the date of violation, or prior to
any scheduled mitigation or contested hearing that the vehicle registration was
valid at the time of the violation, and that person has had no previous
violations of RCW 46.16.010, then the case shall be dismissed with no costs.
If a person charged with the violation of RCW 46.16A.030.5.L (Expired Vehicle
Registration Less than Two Months) is able to acquire valid registration and
provide proof to the court within 14 days from the date of violation, or prior
to any scheduled mitigation or contested hearing, then the penalty shall be
reduced to one hundred dollars ($100) and a finding of committed entered.
If a person is charged with the violation of RCW 46.16A.030.5.O (Expired
Vehicle Registration Over Two Months) is able to acquire valid registration and
provide proof to the court within 14 days from the date of violation, or prior
to any scheduled mitigation or contested hearing, then the penalty shall be
reduced to one hundred fifty dollars ($150) and a finding of committed entered.
(Effective 09/01/12)
LMCLR IR 3.6(d)
NVOL WITH ID
If a person charged with violation of RCW 46.20.015 for No Valid Operator's
License with Valid Identification (NVOL with ID) is able to acquire a valid
operator's license and provide proof to the court within 14 days from the date
of violation, or prior to a scheduled mitigation or contested hearing, then the
penalty shall be reduced to one hundred fifty dollars ($150).
If a person charged with violation of RCW 46.20.015 for NVOL with ID fails to
obtain a valid operator's license within 14 days from the date of violation, or
prior to a scheduled mitigation or contested hearing, and the violation is the
first NVOL with ID offense in five years, the penalty shall be reduced to three
hundred dollars ($300). The clerk shall be authorized to enter a finding that
the infraction was committed and to make appropriate notations in the court
record, and the person will be relieved of any further need to appear in court
in connection with the infraction.
(Effective 09/01/12)
LMCLR IR 3.6(e)
MOTOR VEHICLE EQUIPMENT VIOLATIONS
If a person charged with a defective motor vehicle equipment violation presents
to the court clerk, prior to any hearing, proof of repairs to the vehicle to
correct the defect, the clerk may reduce the fine to one hundred dollars ($100).
(Effective 09/01/12)
LMCLR IR 6.2(b)
MONETARY PENALTY FOR UNSCHEDULED INFRACTIONS
The Administrative Office of the Courts (AOC) has interpreted School Zone
Speeding pursuant to RCW 46.61.440, and Construction Zone Speeding pursuant to
RCW 46.61.527 to be "unscheduled" infractions under IRLJ 6.2(b). On the
assumption that this is a correct interpretation, the Municipal Court has by
this rule established a local rule as permitted by IRLJ 6.2(b) to make the
School Zone Speeding and Construction Zone Speeding penalties consistent with
IRLJ 6.2(d) and the obvious intent of the legislature in adopting RCW 46.61.440(3)
and RCW 46.61.527(3).
Pursuant to IRLJ 6.2(b) this rule adopts as the penalty for speeding in a
school zone and speeding in a construction zone the monetary base penalty set
for in IRLJ 6.2(d) for the relevant speed, but then doubled pursuant to RCW
46.61.440(3) and RCW 46.61.527(3). The base penalty, together with the
statutory assessments may not be waived, reduced or suspended.
The fines are as set forth in the published JIS Law Table Update Bulletin
distributed by the Administrative Office of the Courts 07/22/2007.
Speeding in a School Zone Penalty schedule
1-5 mph over limit $189
6-10 mph over limit $210
11-15 mph over limit $271
16-20 mph over limit $353
21-25 mph over limit $456
26-30 mph over limit $558
31-35 mph over limit $661
Over 35 mph over limit $784
Speeding in a Construction Zone Penalty schedule
(if the speed limit is over 40 mph)
1-5 mph over limit $128
6-10 mph over limit $169
11-15 mph over limit $231
16-20 mph over limit $292
21-25 mph over limit $354
26-30 mph over limit $436
31-35 mph over limit $538
36-40 mph over limit $641
Over 40 mph over limit $764
Speeding in a Construction Zone Penalty schedule
(if the speed limit is 40 mph or under)
1-5 mph over limit $169
6-10 mph over limit $190
11-15 mph over limit $251
16-20 mph over limit $333
21-25 mph over limit $436
26-30 mph over limit $538
31-35 mph over limit $641
Over 35 mph over limit $764
Infractions resulting from automated traffic safety cameras will not exceed
$450 pursuant to Chapter 167, Laws of 2005.
(Effective 09/01/12)
LMCLR AR1.1
APPEALS
Purpose: Certain statutes and ordinances vest the Municipal Court with the
authority to hear appeals. This Rule sets forth the procedure for hearing and
decision regarding such appeals. This Rule is intended to provide for the
expeditious consideration of timely filed notices of appeal. Where such
statutes and ordinances are silent, the Court interprets such statutes and
ordinances to mandate no more than a due process hearing to guarantee the
appellant a fair opportunity to understand the basis for the proposed action
and offer argument against such action. The minimum due process hearing is
therefore comparable to the brief adjudicative proceeding set forth in RCW 34.05.485.
1) Timeliness. The appeal must be filed with the Court and a copy filed with
the City Attorney within the timeframe set forth by statute or ordinance, and
accompanied by any applicable filing fee. An untimely appeal shall be dismissed summarily.
2) The notice of appeal must contain a short and plain statement of the basis
of the appeal together with any documents, photographs, or other exhibits in
support of the appeal. A notice of appeal which does not include a short and
plain statement of the basis of the appeal shall not be accepted. The Court
clerk will advise the appellant of the deficiency and require the appeal to be
perfected within ten days. An incomplete notice of appeal will be summarily dismissed.
3) Upon receipt of a properly filed notice of appeal, the Court will set the
matter for hearing on the next available contested infraction calendar. At the
appeal hearing, the City and the Appellant will each be given five minutes to
make an oral argument. No testimony will be received. Documents, photographs,
affidavits, and other offers of proof may be submitted if they are filed with
the Court and served on the opposing party no less than five days before the
appeal hearing. Upon a showing of good cause, the Court may set the matter over
for the taking of testimony or other evidence.
4) The Court may make an oral ruling at the close of oral argument, or may take
the matter under advisement. If the matter is taken under advisement, the Court
will issue a written decision or set the matter for further hearing within 30 days.
5) Rules of Discovery do not apply in these proceedings. Any party may make a
request for discovery in the context of a request to continue the appeal
hearing. Such request shall be made on the record with an offer of proof as to
the need for discovery. No discovery shall be ordered and no continuance shall
be granted in the absence of a showing that a denial would deny the moving
party due process of law.
6) Monetary Judgment. Where authorized by statute or ordinance, the
Court will award monetary recoveries and costs upon timely application of a
prevailing party. The parties shall note at the hearing whether they intend to
seek a monetary recovery, and as part of its decision, the Court will make a
determination whether such recoveries are allowed. In the event that such
recoveries are awarded, and the prevailing party certifies that such recoveries
have not been paid, the Court will certify the monetary award for enforcement
as a civil judgment in accordance with RCW 3.66.020(10).
(Effective 09/01/12)
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