Renton Municipal Court
Local Court Rules
Table of Rules
Renton Municipal Court Local Rules
RMCLR 1.7. Adoption of Local Rules
RMCLR 1.8. Title of Rules
RMCLR 1.9. Courtroom and Office Hours
Forms
Advice of Rights(005a)
Motion to Recall Order Prohibiting Contact & Request for Hearing for Hearing (065)
RMCLR 3.1 Right to a Lawyer
Forms
Waiver of Lawyer - Arraignment(061)
Waiver of Lawyer - Trial(062)
RMCLR 3.1.1 Withdrawal of Attorney
RMCLR 3.2 Bail
RMCLR 3.3 Video Conference Proceedings
RMCLR 4.1. Appearance and Pleadings by Attorneys
RMCLR 4.2 Off-Record Continuances
RMCLR 4.5 Petitions for Deferred Prosecution
Forms
Order Granting Deferred Prosecution (DUI)(058)
Order on Pretrial Conference (048)
RMCLR 6.13 Evidence
RMCLR 7.2 Sentencing
Renton Municipal Court Local Infraction Rules
RMCLIR 1.0 Mitigation Hearings
RMCLIR 1.1 Subpoenas
RMCLIR 1.2 Motions
RMCLIR 1.3 Objection to Hearing Date
RMCLIR 1.4 {Reserved}
RMCLIR 1.5 Decisions on Written Statements
RMCLR 1.7.
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to CrRLJ 1.7.
[Adopted Effective September 1, 2001]
RMCLR 1.8.
TITLE OF RULES
These rules shall be known as Renton Municipal Court Local Rules and
shall be referred to as RMCLR.
[Adopted Effective September 1, 2001]
RMCLR 1.9.
COURTROOM AND OFFICE HOURS
(a) Court Hours. The Renton Municipal Court shall be in session on all
judicial days from 8:00 a.m. to 11:00 p.m. and 1:00 p.m. to 5:00 p.m.
For schedule of hearing types see http://rentonwa.gov/living/default
then follow the links to Renton Municipal Court.
(b) Clerk's Office. The Renton Municipal Court Clerk's Office shall be
open on all judicial days 8:00 a.m. to 5:00 p.m.
(c) Temporary Orders for Protection. Motions for a Temporary Order For
Protection may be filed on judicial days from 8:30 a.m. until 3:30 p.m.
(d) Walk-in Calendar. Bench warrants may be quashed on Wednesdays only. To
qualify for a hearing a defendant must appear at the Court clerk's
office before 9:00 a.m. Photo identification is required without
exception. A warrant fee will be required to be placed on the calendar.
[Adopted Effective September 1, 2001; Amended effective September 1. 2002;
Amended effective September 1, 2007; Amended effective September 1, 2011]
**Insert Form - Advice of Rights(005a)
**Insert Form - Motion Recalling No Contact Order(065)
RMCLR 3.1
RIGHT TO A LAWYER
(a) The right to a lawyer shall extend to all criminal proceedings for
offenses punishable by loss of liberty.
(b) Unless waived, a lawyer shall be provided to any person who is
financially unable to obtain one without causing substantial hardship
to the person or to the person's family. A lawyer shall not be denied
to any person merely because his or her friends or relatives have
resources adequate to retain a lawyer or because he or she has posted
or is capable of posting bond.
(c) The ability to pay part of the cost of a lawyer shall not preclude
assignment. The assignment of a lawyer may be conditioned upon partial
payment pursuant to an established method of collection.
(d) The court, upon motion of a defendant, shall screen said defendant for
the purposes of determining whether the defendant is indigent. The
court may consider any factors regarding indigence it deems
appropriate. The court may require proof of income at its discretion.
(e) A defendant may waive their right to be represented by an attorney. The
court shall require all defendants entering a plea of guilty in the
absence of an attorney to complete a Renton Municipal Court Waiver of
Right to Attorney form. The court shall enter findings regarding
whether the defendant made a knowing and voluntary waiver of an
attorney before accepting a guilty plea or setting a case for trial.
[Adopted Effective September1, 2001]
RMCLR 3.1.1
WITHDRAWAL OF ATTORNEY
Pursuant to CrRLJ 3.1(e), no attorney may withdraw except upon
consent of the court for good cause shown when a case has been set for
trial. The motion shall be made in open court with notice to interested
parties. Except in cases where withdrawal is mandated by the Rules of
Professional Conduct, the court should not permit withdrawal unless
there is simultaneous substitution of a lawyer who is prepared to
proceed on the scheduled trial date. A substitution of counsel not
mandated by the Rules of Professional Conduct which is accompanied by a
motion to continue the trial date should only be granted upon actual
payment of terms and/or costs.
[Adopted Effective September 1,2001]
RMCLR 3.2
BAIL
When required to reasonably assure appearance in court for those
persons arrested and detained in jail for new offenses, bail shall be
set in accordance with a schedule approved by the presiding judge and
available from the Court Administrator. Bail shall not be set for an
accused arrested for new offenses involving domestic violence (Assault
Fourth Degree, Interfering with the Reporting of Domestic Violence,
Violation of a No Contact Order, Violation of a Protection Order) or
alcohol related driving offenses (Driving Under the Influence, Physical
Control, Minor Operating Motor Vehicle after Alcohol Consumption,
Negligent Driving 1st (Alcohol)). Persons held in custody accused of
domestic violence or alcohol related driving offenses shall personally
appear before a judge the next judicial day following booking into jail.
[Amended Effective September 1,2006]
RMCLR 3.3
VIDEO CONFERENCE PROCEEDINGS
(a) 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 Renton 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.
(b) 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 Renton Municipal Court judge, judge-pro tem or court commissioner.
(c) 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, 2011]
RMCLR 4.1.
APPEARANCE AND PLEADINGS BY ATTORNEYS
(1) Pursuant to CrRLJ 4.1, except in cases involving domestic violence
or alcohol related driving crimes, an attorney may enter an
appearance and/or plea of not guilty on behalf of an accused in
any criminal or traffic offense if said appearance or plea is made
in writing or made in open court on the record. Appearance must
be accompanied by an acknowledgement by defendant that they have
been advised of their rights as a person accused of a crime.
(2) A defendant must personally appear in court in cases involving
domestic violence (Assault Fourth Degree, Interfering with the
Reporting of Domestic Violence, Violation of a No Contact Order,
Violation of a Protection Order).
(3) A defendant must personally appear in court for arraignment in
cases where the crime charged is Driving Under the Influence of
Alcohol and/or Drugs or Physical Control.
(4) Unless previously commenced by an appearance made in open court, a
written appearance shall commence the running of the time periods
established in CrRLJ 3.3 from the date of receipt by the court. A
written appearance waiving an arraignment, but without a plea,
shall be considered a plea of not guilty, made in writing or in
open court, and obviates the need for further arraignment and
waives any defects in the complaint other than failure to state a crime.
(5) Telephonic requests or notice by defendant or defense counsel
shall not constitute an arraignment, appearance or plea, and shall
not commence the time periods under CrRLJ 3.3.
[Adopted Effective September 1, 2001]
RMCLR 4.2
OFF-RECORD CONTINUANCES
The court may continue cases at the pre-trial hearing off the
record at its discretion. No off-record continuance will be allowed if
pre-trial conditions of release have been ordered. Motions to continue
cases where a prior continuation of the pre-trial hearing was approved
shall be taken on the record.
[Adopted Effective September 1,2001]
RMCLR 4.5
PETITIONS FOR DEFERRED PROSECUTION
Petitions for deferred prosecution pursuant to RCW 10.05 shall be
submitted no later than seven days prior to the date of presentation.
Copies shall be served on the City of Renton Prosecuting Attorney and
the court. All petitions shall be in strict compliance with the
requirements of RCW 10.05. Findings of Fact, Conclusions of Law, and
Order shall be submitted on Renton Municipal Court form Order Granting
Deferred Prosecution.
[Adopted Effective September 1, 2001]
RMCLR 6.13
EVIDENCE
(a) Rules of Evidence. The rules of evidence are applicable to
criminal prosecutions.
(b) Rules of Evidence-Infractions. The rules of evidence and
statutes that relate to evidence in infraction cases shall apply
to contested hearings. The court may consider the notice of
infraction and any other written report made under oath submitted
by the officer who issued the notice or whose written statement
was the basis for the issuance of the notice in lieu of the
officer's personal appearance at the hearing, unless the defendant
has caused the officer to be served with a subpoena to appear.
(c) Request for Speed Measuring Device. The court shall follow
the provisions of CrRLJ 6.13(d) concerning the request for a
speed measuring device (SMD) expert, except that a request for a
SMD expert shall be in writing and must be received by the court
clerk at least seven court days prior to the original trial or hearing date.
[Adopted Effective September 1, 2001]
RMCLR 7.2
SENTENCING
The court shall follow the provisions of CrRLJ 7.2 on Sentencing.
[Adopted Effective September 1, 2001]
RMCLIR 1.0
MITIGATION HEARINGS
A defendant charged with an infraction who requests a
hearing to explain mitigating circumstances per IRLJ 2.4(3)
or RCW 46.63.070(4) shall appear before a magistrate. The
magistrate's determination shall be final and is not
subject to review before a judge.
[Adopted Effective September 1, 2001]
RMCLIR 1.1
SUBPOENAS
A defendant who requests a hearing to contest the determination that
an infraction was committed may file upon the court a written demand
that the court subpoena the officer who issued the Notice of
Infraction, or whose written statement was the basis for the issuance
of the notice if the demand is filed with the court at least 14 days
prior to the first setting of the contested hearing. A defendant is
responsible for obtaining and serving subpoenas in accordance with
IRLJ 3.1 in all other circumstances.
[Adopted Effective September 1, 2001]
RMCLIR 1.2
MOTIONS
All motions, except those motions pursuant to IRLJ 2.2(d), shall be
filed with the court and served on all interested parties no later
than 14 days prior to the date of the Contested Hearing. Failure to
comply with this rule shall constitute a waiver of the motion.
[Adopted Effective September 1, 2001]
RMCLIR 1.3
OBJECTION TO HEARING DATE
A defendant who objects to the hearing date set by the court pursuant
to IRLJ 2.6 shall file with the court and serve upon the City Attorney
a written motion for a speedy hearing date. Such motion shall be filed
and served no later than 10 days from the date of written notice of
the contested hearing date. Failure to comply with this rule shall
constitute a waiver of the objection.
[Adopted Effective September 1, 2001]
RMCLIR 1.4
{Reserved}
[Adopted Effective September 1, 2001; Rescinded Effective September 1, 2011]
RMCLIR 1.5
DECISIONS ON WRITTEN STATEMENTS
Mitigation and contested hearings based on written statements, given
under penalty of perjury as provided for in IRLJ 2.4(b)(4) and IRLJ
2.6(c) are authorized. The procedures authorized by IRLJ 3.5 are
adopted by this court. To be considered, the written statement(s)
must be received by the court pursuant to written instructions
provided to the defendant.
[Adopted effective September 1, 2007]
ADVICE OF RIGHTS (005A) The contents of this item are only available on-line. MOTION TO RECALL ORDER PROHIBITING CONTACT & REQUEST FOR HEARING FOR HEARING (065) The contents of this item are only available on-line. WAIVER OF LAWYER - ARRAIGNMENT (061) The contents of this item are only available on-line. WAIVER OF LAWYER - TRIAL (062) The contents of this item are only available on-line. ORDER GRANTING DEFERRED PROSECUTION (DUI) (058) The contents of this item are only available on-line. ORDER ON PRETRIAL CONFERENCE (048) The contents of this item are only available on-line.
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