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Marysville Municipal Court
Local Court Rules
Table of Rules
General Rules
1.1 Indigent Defense Certification
Criminal Rules
1.1 Adoption and Title
1.2 Arraignment - Defendant's Presence Required
1.3 Pre-Trial Hearings and Confirmation of Jury Trials
1.4 Deferred Prosecution
Infraction Rules
1.1 Adoption
1.2 Representation by Lawyer
1.3 Contested Hearings - Preliminary Proceedings
1.4 Liability Insurance
1.5 Decisions on Written Statements
1.6 Monetary Penalty for Unscheduled Infractions
General Rule 1.1
Indigent Defense Certification
The Supreme Court of Washington having set forth Standards for Indigent
Defense and Certification of Compliance with the Standards for Indigent Defense
shall be filed with the court, effective October 1, 2012, the Marysville
Municipal court adopts this emergency local court rule.
1.2 Certificates of Compliance with the Standards for Indigent Defendants
required by CrRLJ 3.1 shall be filed and kept at the Marysville Municipal
Court clerk's office. Certification of Compliance shall be submitted
electronically in the form provided by the court or in a substantially similar
format. Certifications shall be filed quarterly with the court and are due:
January 1, April 1, July 1, and October 1, or the next court day, if the filing
day falls on a weekend or holiday.
1.1
Adoption and Title
These local court rules are adopted pursuant to GR 7, and CrRLJ 1.7. These rules
shall be known as the Marysville Municipal Court Local Criminal Rules, and may be
cited as "MMCLCR."
(Effective Date: September 1, 2002)
1.2
Criminal
1.2(A) A lawyer may enter a written notice and plea of not guilty on behalf of
any defendant, including a waiver of formal arraignment, except for those
criminal charges listed in MMCLCR1.2(B).
1.2(B) Arraignment - Defendant's Presence Required: A lawyer may not
enter a written plea of not guilty on behalf of a defendant if the charging
document states that one or more of the charges involve domestic violence,
harassment, violation of an anti-harassment or protection order, stalking,
driving while under the influence, being in physical control of a vehicle while
under the influence, or driving while under the age of 21 after having consumed
alcohol. For such charges, the defendant must appear in person for arraignment,
and the court shall determine the necessity of imposing conditions of pre-trial
release. Where legislation mandates the defendant's appearance on the next
judicial day following arrest, the term "next judicial day" shall be the next
regularly scheduled court session.
1.2(C) Defendants booked into custody on charges of Assault - Domestic
Violence, Driving Under Influence, or Physical Control shall personally appear
before a judge the next judicial day following booking into jail.
(Amended effective 9-1-08)
1.3
Pre-Trial Hearings and Confirmation of Jury Trials
(a) Pre-Trial and Trial Dates: All cases set for trial shall be assigned
both a pre-trial hearing date and a trial date. The defendant, and the
defendant's attorney if the defendant is represented, shall appear at the pre-
trial hearing. The court will inquire whether the case is expected to go to
trial, the number of witnesses to be called by each side and the anticipated
length of trial, and if all motions, discovery and plea negotiations have been
concluded. Any case confirmed for trial at the pre-trial hearing shall remain
set for the assigned trial date. A defendant's failure to personally appear at
the pre-trial hearing, as required herein, shall constitute a waiver of the
defendant's speedy trial rights, and may result in a bench warrant for the
defendant's arrest and forfeiture of any bail or bond.
(b) Confirmation of Jury Trial Required: 2 days prior to the
date of the assigned jury trial, the defendant, if not represented by an
attorney, or the defendant's attorney if represented by legal counsel, and the
City Prosecutor shall contact the Jury Confirmation Line at 360.363.8071
between 9:00 AM and 3:00 PM, and confirm that the case is going to proceed to
jury trial or that another disposition has been reached.
(c) Failure To Confirm: Failure of a party to confirm the jury trial or to
advise the Court Clerk that another disposition has been reached may cause the
case to be stricken from the jury trial calendar. Failure of the defendant, if
appearing pro se, or the defendant's attorney if represented by counsel, to
confirm the jury trial or to advise the court clerk that another disposition
has been reached shall constitute a waiver of the defendant's speedy trial
rights. Failure of the defendant to appear on the jury trial date may result in
the issuance of a bench warrant for the defendant's arrest and forfeiture of
any posted bail, unless it is confirmed by the City Prosecutor and defendant
that a disposition is to be proposed to the court. Dispositions will be heard
on the jury trial date, or on another date as the court may direct.
(d) Costs and Sanctions: Any case confirmed for jury under this rule, and
not proceeding to jury trial shall be subject to such sanctions, including but
not limited to jury costs, witness fees and terms, as deemed appropriate by the court.
(Amended effective 9-1-08)
1.4
Deferred Prosecution
(a) Petition for Deferred Prosecution: A petition for deferred prosecution
pursuant to RCW 10.05 must be filed with the Court and the prosecuting
authority no later than seven (7) days prior to proposed entry, unless good
cause exists for the delay.
(b) An order deferring prosecution will not be granted without written
verification that the defendant has actually begun treatment in the program
contained in the petition and order for deferred prosecution.
(c) An order deferring prosecution will not be granted unless
the petition, order and treatment plan have been reviewed and approved by the
Court's probation officer, no later than seven (7) days prior to the proposed
entry, to insure compliance with RCW 10.05.
(d) An order deferring prosecution must identify the assessment utilized in
support of deferred prosecution, and must state the name of the agency
providing treatment.
(e) No changes in treatment, nor changes in treatment provider, shall be
permitted without prior written authorization from the Court.
(Amended effective 9-1-08)
1.1
Adoption
These Local Traffic Rules are adopted pursuant to IRLJ 1.3. These
rules shall be known as the Marysville Municipal Court Local Infraction
Rules "MMCLIR".
(Effective Date: September 1, 2002)
1.2
Representation By Lawyer
At a contested hearing where an attorney has appeared for the defendant
or witnesses have been subpoenaed, a lawyer representative of the City
Prosecutor's office shall personally appear at the time of hearing. A
defendant issued a Notice of Infraction and represented by an attorney
must provide a written Notice of Appearance to the City Prosecutor for
the municipality issuing the Notice, together with filing a copy of the
Notice of Appearance with the Court Clerk. The Notice of Appearance shall
be filed not later than 10 days following the date defendant's request for
a contested hearing has been filed with the Court Clerk. Upon receipt of
a Notice of Appearance, the Court Clerk shall set, or reset the contested
hearing to an appropriate calendar. The failure to timely file a notice of
appearance may result in the contested hearing being continued beyond the
120 days from the date the Notice of Infraction was issued.
(Effective Date: September 1, 2002)
1.3
Contested Hearings - Preliminary Proceedings
(a) Speed Measuring Device Expert: As provided in RCW 46.63.151,
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. A request for the presence
of a SMD Expert must be submitted, in writing, to the City Prosecutor of
the municipality issuing the Notice of Infraction not less than 30-days
prior to the scheduled date of the contested hearing. A untimely request
for the presence of a SMD Device Expert may be treated by the Court as
a request for a continuance to the next date on which the City Prosecutor
has scheduled the appearance of the SMD Expert.
(b) Costs and Fees For Other Witnesses: Each party is responsible for
cost incurred by that party, including witness fees as set forth in RCW
46.63.151. In cases where a party requests a witness to be subpoenaed,
the party requesting the witness shall pay the witness fees and mileage
expenses due the witness.
(Effective Date: September 1, 2002)
1.4
Liability Insurance
If a defendant is cited, with driving a motor vehicle without having proof
of valid insurance pursuant to RCW 46.30.020, and the defendant presents
satisfactory evidence that they have subsequently obtained valid liability
insurance to the Court Clerk, within 15 days of the date of the Notice
of Infraction, for the vehicle the defendant was operating on the day
he or she was cited, then the bail for the offense shall be reduced to
$255.00. If the defendant presents satisfactory evidence that they were in
compliance with the requirements of RCW 46.30.020(1) at the time the
Notice of Infraction was issued, which evidence must be presented
within 15 days from the date of the notice, the infraction shall be
dismissed, and a administrative cost of $25.00 shall be assessed
and paid by the defendant.
(Effective Date: September 1, 2002)
1.5
Decisions On Written Statements
(a) Written Submissions: Traffic infractions may be heard by the Court
on the basis of written documents submitted by the City and a defendant,
as provided in IRLJ 2.4(b)(4) and IRLJ 2.6. A written submission must
be received by the Court no later than 7 days prior to the scheduled
date of the contested or mitigation hearing, or the submission will
not be considered.
(b) Generally: The Court shall examine the citing officer's report and
any written documents submitted by the defendant. The examination shall
take place within 120 days after the defendant filed the response to the
notice of infraction. The examination may be held in chambers and shall
not be governed by the Rules of Evidence.
(c) Factual Determination: For purposes of a contested infraction hearing,
the Court shall determine whether the City has established, by a preponderance
of all submitted evidence, that the defendant committed the infraction.
(d) Disposition: If the Court determines that the infraction has been committed,
it may assess a penalty amount, and any appropriate and permitted costs to be
paid by the defendant.
(e) Notice to Parties: The Court shall notify the parties in writing, whether
an infraction was found to have been committed and what penalty, if any, was imposed.
(f) No Appeal Permitted: There shall be no appeal from a Court determination based
upon written statements.
(Effective Date: September 1, 2002)
1.6
MONETARY PENALTY FOR UNSCHEDULED INFRACTIONS
The Administrative Office of the Courts (AOC) has
interpreted School Zone Speeding pursuant to RCW 46.61.440
to be an "unscheduled" infraction under IRLJ 6.2 (b). On
the assumption that this is a correct interpretation, the
Marysville Municipal Court has by this rule established a
local rule as permitted by IRLJ 6.2 (b) to make the School
Zone Speeding penalties consistent with IRLJ 6.2 (d) and the
obvious intent of the legislature in adopting RCW 46.61.440 (3).
Pursuant to IRLJ 6.2 (b) this rule adopts as the penalty for
speeding in a school 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). The base penalty, together
with the statutory assessments may not be waived, reduced or
suspended. The court will not consider a request for
deferred findings under RCW 46.63.070 (5) in a school zone speeding case.
Penalty schedule
1-5 mph over limit $157.00
6-10 mph over limit $177.00
11-15 mph over limit $239.00
16-20 mph over limit $321.00
21-25 mph over limit $423.00
26-30 mph over limit $526.00
31-35 mph over limit $628.00
Over 35 mph over limit $751.00
(Effective 09/01/2006)
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