Port Orchard Municipal Court
Local Court Rules
Table of Rules
Criminal Rules
LCrRLJ 3.2.2 Release Of Accused
LCrRLJ 3.4 Presence of the Defendant
LCrRLJ 4.5 Pre-Trial Hearing
Infraction Rules
LIRLJ 2.4(b) Response to Notice
LIRLJ 3.1(e) Contested Hearings-Preliminary Proceedings
LIRLJ 3.3(b) Representation by Lawyer
LIRLJ 3.4 Hearing on Mitigating Circumstances
LIRLJ 3.5 Decision on Written Statements (Local Option)
LIRLJ 6.2(d) Penalty Schedule
LIRLJ 6.6(e) Speed Measuring Device: Design And Construction Certification
Administrative Rules
LARLJ 11 Oath of Interpreter
LARLJ 9(c)(5) Deferred Prosecution
Forms
Pre-Arraignment Domestic Violence No Contact Order
LCrRLJ 3.2.2
RELEASE OF ACCUSED
(1) Any person arrested on Probable Cause (without a
warrant) for an offense classified as a Domestic Violence
offense under Chapter 10.99 of the Revised Code of
Washington as the same exists or shall hereafter be amended
shall be held in jail pending the defendant’s first appearance.
(2) Notwithstanding paragraph (1), a person being held for
a Domestic Violence offense classified as a felony may be
released from custody prior to defendant’s first appearance
upon (a) the posting of $50,000 bail or bond; and (b) the
person’s affixing his or her signature at the appropriate
location on a Pre-Arraignment Domestic Violence No Contact
Order described in paragraph (4) prohibiting the arrested
person from having contact with the protected person or from
knowingly coming within, or knowingly remaining within, 500
feet of the protected person’s residence, place of work, or school.
(3) Notwithstanding paragraph (1), a person being held for
a Domestic Violence offense classified as a misdemeanor or
gross misdemeanor may be released from custody prior to
defendant’s first appearance upon (a) the posting of $5,000
bail or bond; and (b) the person’s affixing his or her
signature at the appropriate location on a Pre-Arraignment
Domestic Violence No Contact Order described in paragraph
(4) prohibiting the arrested person from having contact with
the protected person or from knowingly coming within, or
knowingly remaining within, 500 feet of the protected
person’s residence, place of work, or school.
(4) The following Pre-Arraignment Domestic Violence No
Contact Order, or one that is substantially similar to it,
is hereby approved for use under this rule.
[Adopted Effective July 1, 2003]
LCRRLJ 3.4 PRESENCE OF THE DEFENDANT (IN WORD FORMAT) The contents of this item are only available on-line.
LCrRLJ 4.5
PRE-TRIAL HEARING
(a) Confirmation of Trial. A case set for trial shall be set
for either bench or jury trial at the pre-trial hearing. To
ensure the presence of a jury and/or witnesses, a party must
confirm the trial with the court clerk at (360) 876-1701 no later
than 1:30 p.m. the Friday prior to the date set for trial. If
the Friday falls on a court holiday, the party must confirm with
the court no later than 1:30 p.m. one court day prior to the
Friday prior to the date set for trial. If a party wishes to
change an election of a jury trial to a bench trial on the date
set for jury trial, a party shall notify the court of the
election change no later than at confirmation of the trial.
[Adopted effective September 1, 2001.)
LIRLJ 2.4(b)(5)
RESPONSE TO NOTICE
(5) The procedure authorized in IRLJ 2.4(b)(4) for explaining
mitigating circumstances is adopted by this Court.
[Adopted effective September 1, 2005; Amended effective September 1, 2007.]
LIRLJ 3.1(e)
CONTESTED HEARINGS - PRELIMINARY PROCEEDINGS
(e) Preparing Subpoena by the Court Clerk. If the defendant
wishes to subpoena a witness, including a law enforcement
officer, the defendant shall deliver to the court clerk at the
Port Orchard Municipal Court office located at 216 Prospect
Street, Port Orchard, Washington 98366, in person or by mail at
least 28 days prior to the date of the hearing, a written request
for the issuance of the subpoena and for instructions regarding
service of the subpoena. The written request must state the case
number, date and time of the hearing, the complete address of the
location of the hearing, and the name and address of the witness
to be named in the subpoena. The defendant shall also include a
self-addressed, stamped envelope along with the written request.
Upon receipt of the written request, the court clerk shall
prepare a subpoena and present it to the judge for signature.
The clerk shall then mail the subpoena along with a return of
service form to the defendant in the self-addressed, stamped envelope.
[Adopted effective September 1, 2001; Amended effective September 1, 2007.]
LIRLJ 3.3(b)
Representation by Lawyer.
(1) At a contested hearing, when the respondent is represented by a
lawyer, the plaintiff shall be represented by a lawyer representative
of the prosecuting authority.
(2) No attorney shall appear for a respondent without first filing a
Notice of Appearance no less than seven (7) days prior to any
scheduled hearing. Upon the filing of a Notice of Appearance, the
Court shall reset the contested hearing to the appropriate calendar.
Failure to timely submit a notice of appearance may result in the
contested hearing being held beyond the 120 days required by IRLJ 2.6(a).
[Adopted effective September 1, 2007.]
LIRLJ 3.4(d)
HEARING ON MITIGATING CIRCUMSTANCES
(d) Request for Penalty Reduction on Written Statement. If a
defendant submits a timely request for a hearing to mitigate an
infraction, the defendant may elect to seek a reduction of the
infraction penalty by written statement pursuant to the provisions of
IRLJ 2.4(b)(4), IRLJ 3.5(b), LIRLJ 2.4(b)(5), LIRLJ 3.5(c).
(1) A defendant electing to proceed for a penalty reduction by
written statement must notify the court in writing within 30 days
prior to the date set for the in-court mitigation hearing to request
the appropriate paperwork.
(2) The completed form to request a reduction by written
statement shall be filed with the court no later than fourteen (14)
days prior to the date set for the in-court mitigation hearing.
(3) A defendant who elects to mitigate an infraction by written
statement shall be deemed to have waived an in-court hearing to
mitigate the infraction in person.
(4) A written statement submitted pursuant to this rule shall be
executed in compliance with RCW 9A.72.085.
[Adopted effective September 1, 2005; Amended effective September 1, 2007.]
LIRLJ 3.5(c)
DECISION ON WRITTEN STATEMENTS
(Local Option)
(c) Adoption of Procedure. The procedure authorized in IRLJ 3.5(b)
is adopted by this Court.
[Adopted effective September 1, 2005; amended effective September 1, 2007.]
(f) Adoption of Procedure.
[Rescinded effective September 1, 2007]
LIRLJ 6.2(d)(5)
LIRLJ 6.2(d) PENALTY SCHEDULE
(5) Unscheduled Infractions. The base penalty for any unscheduled
infraction not listed in this rule, sections (1) through (4), shall be
established by local ordinance adopted by the City of Port Orchard and set
forth in the Port Orchard Municipal Code (POMC) or by state statute as adopted by
the Washington State Legislature and set forth in the Revised Code of Washington (RCW).
[Adopted effective September 1, 2011.]
LIRLJ 6.6(e)
SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION CERTIFICATION
(e) Appearance of Speed Measuring Device Expert. Any request to
produce a speed measuring device expert must be filed in accordance
with IRLJ 6.6(b). The court may allow the speed measuring device
expert to testify from a location other than the courtroom, via
speakerphone or other electronic means acceptable to the court.
[Adopted effective September 1, 2007.]
LARLJ 11
OATH OF INTERPRETER
All language interpreters serving in a legal proceeding, whether
certified or uncertified, shall abide by the following:
(a) GR 11.1 and 11.2
(b)Annually, each language interpreter wishing to practice in
the Port Orchard Municipal Court shall complete and sign a
written Oath of Interpreter. (The Oath is available from the
Port Orchard Municipal Court office, 216 Prospect Street,
Port Orchard, WA 98366.) A separate Oath is required for
each language an individual is certified to interpret.
(c)At the time of interpretation of any written pleading in the
case, the language interpreter shall sign the Certification
of Translator, which document shall be filed with the Clerk
of the Court and/or be attached to the document filed with
the Clerk of the Court.
So long as the Oath of Interpreter is completed and filed with
the Port Orchard Municipal Court administrative office annually,
the interpreter need only be identified and need not be sworn or
further qualified during the recorded court proceeding, except at
the discretion of the court.
[Adopted effective September 1, 2002.)
LARLJ 9(c)(5)
DEFERRED PROSECUTION
(c) Quasi-Public Documents. The following are not subject to
public review, but are subject to review by the defendant and the
defendant’s attorney:
(5) Deferred Prosecution. Petition for deferred prosecution,
statement of defendant for deferred prosecution, order granting
deferred prosecution, evaluation and recommendation of chemical
dependency agency, status reports from chemical dependency
agency, status reports and/or recommendations from probation, any
aspect of a court docket which reflects the contents of a report
from a chemical dependency agency or probation, any aspect of a
court docket which reflects the conditions set by the court as
the result of an evaluation or status report submitted by a
chemical dependency agency or probation.
[Adopted effective September 1, 2002.)
PRE-ARRAIGNMENT DOMESTIC VIOLENCE NO CONTACT ORDER The contents of this item are only available on-line.
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