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SHELTON MUNICIPAL COURT
Local Court Rules
Table of Rules
Administrative Rules
ARSMC 1.1 Court Proceedings
ARSMC 1.2 Community Service Fee
Criminal Rules
CrRSMC 3.4 Video Conference Proceedings
CrRSMC 3.6.1 3.6 Hearings
CrRSMC 6.1.1 Confirmation of Jury Trial
CrRSMC 6.13.1 Evidentiary Hearings
Infraction Rules
IRSMC 2.4.1 Time Payments on Infractions
IRSMC 2.4.2 Liability Insurance Infractions
IRSMC 2.4.3 No Valid Operator's License
IRSMC 2.4.4 Expired Vehicle License Infractions
IRSMC 2.4.5. Expired Vehilce License Infractions City Ordinance Violation
IRSMC 2.4.6 Parking in a Disabled Space Without Proper Parking Placard
IRSMC 2.6(A)(2) Infraction Witness Fees
IRSMC 2.4.7. Failure to License Dog
IRSMC 3.5 Decision on Written Statements
ARSMC 1.1.
COURT PROCEEDINGS
Court Proceedings will be conducted with appropriate decorum. The consuming of
any food or beverage other than pure water is prohibited. Additionally,
appropriate dress will be required. Shorts, tank tops, or exposure of the
midriff will not be considered to be acceptable attire.
Additionally, all recording devices, cell phones, text messaging devices and items
attached to the internet, other than the court computers, are to be turned off.
No head coverings are allowed unless required by a recognized religious faith.
[Effective September 1, 2009]
ARSMC 1.2
COMMUNITY SERVICE FEE
Anybody who is granted the option of performing community service for
substitution of either jail time or fines and or penalties shall pay a twenty
dollar ($20.00) fee to the clerk's office as reimbursement of the
administrative cost of overseeing the community service.
[Effective September 1, 2009]
CrRSMC 3.4
VIDEO CONFERENCE PROCEEDINGS
A. Criminal: Preliminary appearances as defined by CrRLJ 3.2.1(d), arraignments as defined
by CrR 3.4 and 4.1 and CrRLJ 3.4 and 4.1, bail hearings as defined by CrR3.2 and CrRLJ 3.2, and
trial settings as defined by CrR 3.3 and CrRLJ 3.3(f), and pre-trial hearings as determined by the
court, conducted via video conference in which all participants can simultaneously see, hear, and
speak with each other shall be deemed held in open court and in the defendant's presence for the
purposes 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 court. Any party may request an in-person hearing which may, in the
court's discretion, be granted.
B. Agreement: Other trial court proceedings including the entry of a Statement of Defendant on
Plea of Guilty as defined by CrR 4.2 and CrRLJ 4.2 may be conducted by video conference only by
agreement of the parties. The defendant will be deemed to have agreed to voluntarily participate in
court proceedings in Shelton Municipal Court by video conference unless the defendant or counsel
for the defendant notifies the court at the time of the proceeding that he/she objects to the proceeding
being conducted via video conference. The right to object to video conference proceedings will be
deemed waived if not exercised prior to the start of the video conference hearing.
C. Standards for Video Conference Proceedings: The Judge, counsel, all parties, and the
public must be able to see and hear each other during proceedings, and speak as permitted by the
court. Video conference facilities must provide for confidential communications between attorney and
client and security sufficient to protect the safety of all participants and observers. In interpreted
proceedings, the interpreter must be located next to the defendant and the proceeding must be
conducted to assure that the interpreter can hear all participants.
D. For purposes of video conference proceedings, the facsimile or scanned and printed
signature(s) of the defendant, counsel, interested parties and the court will be treated as if they were
an original signature. This includes all Orders on Judgments & Sentence, No Contact Orders, any
Orders purporting to be a final resolution of the case, Time Pay Agreements, and other documents
as the court shall determine are appropriate or necessary.
CrRSMC 3.6.1
3.6 HEARINGS
The court shall not set any 3.6 Hearings without the 3.6 Motion being submitted
to the court prior and the Judge or the Judge Pro tem reviewing the motion and
authorizing the hearing.
[Effective September 1, 2009]
CrRSMC 6.1.1
CONFIRMATION OF JURY TRIAL
1) When a case is set for jury trial, there will be a Jury Status Conference
at 8:45 a.m., the Wednesday before the trial is scheduled to begin. That
conference shall initially be off the record. The parties shall discuss the
case and prepare a stipulation, signed by the Prosecuting Authority, Defense
Counsel, and Defendant that supplies the following:
a) The projected length of the trial and scheduling if the case is
going to proceed to trial;
b) The defense to be offered which will be listed as,
i) General denial;
ii) Lawful Use of Force;
iii) Duress;
iv) Insanity
v) Diminished Capacity;
vi) Alibi;
vii) Other, ___________________________________;
c) Any legal issues, discovery issues or evidentiary issues that need to be
resolved prior to trial;
d) Whether the case has been settled or if there are any plea negotiations
still being conducted and, without divulging any offers, the likelihood
of the case resolving without trial.
2) If the parties have reached a settlement, the court, may in its
discretion, allow the settlement to be placed on the record, that day, after
nine o'clock. If not, the disposition will be heard on the scheduled jury
trial date, with the court setting a backup jury trial date, the following jury
trial day. The stipulation form shall contain a waiver of speedy trial, if the
case is being placed on for disposition, with a follow up jury trial date.
3) If the parties are unable to agree on the trial issues or whether the case
is ready to go to trial, the matter will be placed on the 9 o'clock calendar
and be heard as soon as feasible.
4) Failure of the defendant to appear at the Jury Status Conference will
result in a bench warrant and the striking of the jury trial date.
5) If a case is confirmed for jury trial and does not proceed to jury trial,
such that jurors and witnesses are needlessly brought into court on the date
assigned, the Court may impose sanctions including, but not limited to, jury
costs, witness fees, and such other terms as the Court may find appropriate and just.
[Effective September 1, 2009]
CrRSMC 6.13.1
EVIDENTIARY HEARINGS
Any party wishing to produce witnesses in any court proceeding other than a
Jury or Bench Trial shall provide a minimum of one weeks notice to the court
and the opposing party through counsel if the party is represented along with
estimation as to the length the hearing will be. Any party failing to comply
with this rule may be subject to sanctions and the court rescheduling the
hearing to another time to accommodate the length of the hearing.
[Effective September 1, 2009]
IRSMC 2.4.1
TIME PAYMENTS ON INFRACTIONS
Any person who has been served with a notice of infraction and who desires to
use option (1) as provided in IRLJ 2.4(b)(1), may either pay the penalty in
full or arrange time payments of the monetary penalty with the clerk. The
clerk is authorized to enter a finding that the infraction was committed, and
make appropriate notations in the court record, relieving the person of any further
obligation to appear in court in connection with the infraction, provided the
person has responded to the infraction as required and pays the penalty as directed.
[Effective January 1, 2003]
IRSMC 2.4.2
LIABILITY INSURANCE INFRACTIONS
(A) If a person who has been cited with a violation of RCW 46.30.020,
as now enacted or hereafter amended, presents to the court clerk evidence
that the person had in effect at the time of the citation liability insurance
as required by RCW 46.30.020, and that person has had no previous violations
of RCW 46.30.020, then the case shall be dismissed and the court clerk shall
be authorized to make appropriate notation of the dismissal in the court file
provided the person has responded timely to the notice of infraction.
(B) If a person who has been cited with a violation of RCW 46.30.020, as
now enacted or hereafter amended, presents to the court clerk evidence that the
person had in effect at the time of the citation liability insurance as required by
RCW 46.30.020, and that person has had prior violations of RCW 46.30.020, then,
upon payment of twenty-five dollars ($25.00) administrative costs, the case shall
be dismissed and the court clerk shall be authorized to make appropriate notation
of the dismissal in the court file provided the person has responded timely to
the notice of infraction.
(C) If a person charged with violation of RCW 46.30.020, as now enacted or
hereafter amended, is able to show evidence that the person has subsequently obtained
liability insurance in conformity with the requirements of RCW 46.30.020, and has
had no previous violation of the same statute, then the penalty shall be reduced to
one hundred and twenty five dollars ($125.00) and upon payment of the one hundred and
twenty five ($125.00) penalty, or arranging a payment agreement with the clerk, the
clerk shall be authorized to enter a finding that the infraction was committed, and 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, provided the person has
responded to the notice of infraction as required and pays the penalty in full or as
set forth by the payment agreement.
(D) If a person has had a previous violation of RCW 46.30.020, then the person must
pay the penalty in full or in the alternative request a hearing either to contest or
mitigate the notice of infraction within fifteen days of the date the infraction was issued.
(E) The court may, without amendment to this rule, adjust the penalties, fees, or costs
to be imposed under this rule, to be proportionate with changes in the statewide bail
schedule, fees or costs as changes are made by the Supreme Court or the Washington State
Legislature, provided the Presiding Judge so orders and the Order is on file in the
office of the Shelton Municipal Court.
[Effective September 1, 2003]
IRSMC 2.4.3
NO VALID OPERATOR'S LICENSE
(A) If a person charged with violation of RCW 46.20.005, No Valid Operators
License With Valid Identification. as now enacted or hereafter amended, is able
to show proof of subsequently acquiring a valid operators license, then upon
payment of One Hundred and One dollars ($101.00) or arrangement of a payment
agreement with the clerk, the citation will be amended to the infraction
RCW 46.20.015, No Driver's License on Person with a finding of committed and
the court clerk shall be authorized to make appropriate notation in the court file,
provided the defendant has responded to the citation as required and pays the penalty
in full or as set forth by the payment agreement.
(B) If a person charged with violation of RCW 46.20.015, No Valid Operators License
On Person, as now enacted or hereafter amended, is able to subsequently show proof of
having a Valid Operators License and has had no previous violations regarding Operator
Licenses, then the case shall be dismissed and the court clerk shall be authorized to make
appropriate notation of the dismissal in the court file provided the person has responded
timely to the notice of infraction.
(C) If a person charged with violation of RCW 46.20.015, No Valid Operators License On
Person, as now enacted or hereafter amended, is able to subsequently show proof of
having a Valid Operators License and has had previous violations regarding Operator
Licenses, then upon payment of twenty-five dollars ($25.00) administrative costs, the case
shall be dismissed and the court clerk shall be authorized to make appropriate notation
of the dismissal in the court file provided the person has responded timely to the notice
of infraction.
(D) The court may, without amendment to this rule, adjust the penalties, fees, or costs
to be imposed under this rule, to be proportionate with changes in the statewide bail
schedule, fees or costs as changes are made by the Supreme Court or the Washington State
Legislature, provided the Presiding Judge so orders and the Order is on file in the
office of the Shelton Municipal Court.
[Effective September 1, 2003]
IRSMC 2.4.4
EXPIRED VEHICLE LICENSE INFRACTIONS
(A) If a person who has been cited with a violation of RCW 46.16.010 as now
enacted or hereafter amended, presents to the court clerk evidence that the person
had in effect at the time of the infraction a valid vehicle license as required by
RCW 46.16.010 but had failed to display it on the vehicle license plate and that
person has had no previous violations of RCW 46.16.010, then the case shall be
dismissed and the court clerk shall be authorized to make appropriate notation of
he dismissal in the court file provided the person has responded timely to the
notice of infraction.
(B) If a person who has been cited with a violation of RCW 46.16.010, as now
enacted or hereafter amended, presents to the court clerk evidence that the person
had in effect at the time of the infraction a valid vehicle license as required by
RCW 46.16.010 but had failed to display it on the vehicle license plate, and the
person has had prior violations of RCW 46.16.010, then, upon payment of
twenty-five dollars ($25.00) administrative costs, the case shall be dismissed and
the court clerk shall be authorized to make appropriate notation of the dismissal
in the court file provided the person has responded timely to the notice of infraction.
(C) If a person charged with violation of RCW 46.16.010, for failure to renew an
expired vehicle license, as now enacted or hereafter amended as now enacted or hereafter
amended, is able to show evidence that the person has subsequently obtained the vehicle
license in conformity with the requirements of RCW 46.16.010, and has had no previous
violation of the same statute, then the penalty shall be reduced to one hundred and
forty five dollars ($145.00) if the vehicle license has been expired for over two months and
fifty-five dollars ($55.00) if the vehicle license has been expired for less than two
months and upon payment of the penalty, or arrangement of a payment agreement with the
clerk, the clerk shall be authorized to enter a finding that the infraction was committed,
and 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, provided the person has
responded to the notice of infraction as required and pays the penalty in full or as
set forth in the payment agreement.
(D) If a person has had a previous violation of RCW 46.16.010, as now enacted or hereafter
amended, then the person must pay the penalty in full or in the alternative request a
hearing either to contest or mitigate the notice of infraction within fifteen days of the
date the infraction was issued.
(E) The court may, without amendment to this rule, adjust the penalties, fees, or costs
to be imposed under this rule, to be proportionate with changes in the statewide bail
schedule, fees or costs as changes are made by the Supreme Court or the Washington State
Legislature, provided the Presiding Judge so orders and the Order is on file in the
office of the Shelton Municipal Court.
[Effective January 1, 2003]
SMCIR 2.4.5.
EXPIRED VEHILCE LICENSE INFRACTIONS CITY ORDINANCE VIOLATION
(A) If a person who has been cited with a violation of Ordinance 11.24.070, as
now enacted or hereafter amended, presents to the court clerk evidence that the
person had in effect at the time of the infraction a valid vehicle license as
required by RCW 46.16.010 but had failed to display it on the vehicle license plate
and that person has had no previous violations of RCW 46.16.010 or Ordinance 11.24.070,
then the case shall be dismissed and the court clerk shall be authorized to make
appropriate notation of the dismissal in the court file provided the person has
responded timely to the notice of infraction.
(B) If a person who has been cited with a violation of Ordinance 11.24.070, as now
enacted or hereafter amended, presents to the court clerk evidence that the person had in
effect at the time of the infraction a valid vehicle license as required by RCW 46.16.010
but had failed to display it on the vehicle license plate, and the person has had prior
violations of RCW 46.16.010 or Ordinance 11.24.070, then, upon payment of ten dollars ($10.00)
administrative costs, the case shall be dismissed and the court clerk shall be authorized
to make appropriate notation of the dismissal in the court file provided the person has
responded timely to the notice of infraction.
(C) If a person charged with violation of Ordinance 11.24.070, as now enacted or
hereafter amended, is able to show evidence that the person has subsequently obtained the
vehicle license in conformity with the requirements of RCW 46.16.010, and has had no
previous violation of the same statute or Ordinance 11.24.070, then the penalty shall be
reduced to fifteen dollars ($15.00) and upon payment of the penalty, or arrangement of a
payment agreement with the clerk, the clerk shall be authorized to enter a finding that
the infraction was committed, and 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, provided the person has responded to the notice of infraction as required and
pays the penalty in full or as set forth in the payment agreement.
(D) If a person has had a previous violation of RCW 46.16.010 or Ordinance 11.24.070,
then the person must pay the penalty in full or in the alternative request a hearing
either to contest or mitigate the notice of infraction within fifteen days of the date
the infraction was issued.
[Effective January 1, 2003]
IRSMC 2.4. 6
PARKING IN A DISABLED SPACE WITHOUT PROPER PARKING PLACARD
If a person charged with violation of city ordinance 11.24.120 or RCW 46.16.381,
for parking in disabled space without proper parking placard, license plate or picture
identification. as now enacted or hereafter amended, presents to the court clerk
evidence that the person had in effect at the time of citation the required parking
placard, and an identification card bearing picture, name and date of birth of the permit
holder, as well as the placard's serial number, then the infraction shall be dismissed
and the court clerk shall be authorized to make appropriate notation of the dismissal
in court records.
[Effective September 1, 2003]
IRSMC 2.6.(A) (2)
INFRACTION WITNESS FEES
In an infraction or other non-criminal proceeding, the party requesting the
witness shall pay the witness fees and mileage expenses due that witness. 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 the party.
[Effective September 1, 2009]
IRSMC 2.4.7.
FAILURE TO LICENSE DOG
(A) If a person who has been cited with a violation of Ordinance 7.04.030, as now
enacted or hereafter amended, presents to the court clerk evidence that the person had
in effect at the time of the infraction a valid license for the person’s dog as
required by Ordinance 7.04.030 but had failed to display it on the dog and that person
has had no previous violations of Ordinance 7.04.030, then the case shall be dismissed
and the court clerk shall be authorized to make appropriate notation of the dismissal
in the court file provided the person has responded timely to the notice of infraction.
(B) If a person who has been cited with a violation of Ordinance 7.04.030, as now
enacted or hereafter amended, presents to the court clerk evidence that the person had in
effect at the time of the infraction a valid license for the dog as required by Ordinance
7.04.030 but had failed to display it on the dog, and the person has had prior violations
of Ordinance 7.04.030, then, upon payment of twenty-five dollars ($25.00) administrative
costs, the case shall be dismissed and the court clerk shall be authorized to make
appropriate notation of the dismissal in the court file provided the person has responded
timely to the notice of infraction and pays the penalty in full or as set forth in the
payment agreement.
(C) If a person charged with violation of Ordinance 7.04.030, as now enacted or hereafter
amended, is able to show evidence that the person has subsequently obtained a valid license
for the dog in conformity with the requirements of Ordinance 7.04.030, and has had no previous
violation of Ordinance 7.04.030, then the penalty shall be reduced to fifty-five dollars ($55.00)
and upon payment of the penalty, or arrangement of a payment agreement with the clerk,
the clerk shall be authorized to enter a finding that the infraction was committed, and 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, provided the person has responded
to the notice of infraction as required and pays the penalty in full or as set forth in the
payment agreement.
(D) If a person has had a previous violation of Ordinance 7.04.030, as now enacted or
hereafter amended, then the person must pay the penalty in full or in the alternative
request a hearing either to contest or mitigate the notice of infraction within fifteen days
of the date the infraction was issued.
(E) The court may, without amendment to this rule, adjust the penalties, fees, or costs
to be imposed under this rule, to be proportionate with changes in the fees or costs as
changes are made by the Washington State Legislature, provided the Presiding Judge so orders
and the Order is on file in the office of the Shelton Municipal Court.
[Effective September 1, 2003]
IRSMC RULE 3.5
DECISION ON WRITTEN STATEMENTS
Pursuant to IRLJ 3.5, the court is authorized to enter decisions based upon
written statements on infraction cases involving contested and mitigation hearings and
requests for deferred findings. Such written statements may be submitted to the
court for consideration either by mail or email by the respondent but must certify or
declare under penalty of perjury that the statement is true and must contain a
statement that if it is determined that the respondent committed the cited infraction,
the respondent promises to pay the monetary penalty authorized by law and assessed by the court.
(A) Generally. In infraction cases where the respondent has requested, the court will
conduct a mitigation hearing as authorized by RCW 46.63.100 as now enacted or hereafter
amended, or consider a petition to defer the finding, or conduct a contested hearing
based upon the upon the written statements of the City’s witness(es) if provided, and the
Respondent, pursuant to IRLJ 3.5.
The examination shall take place within 90 days after the respondent 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.
(B) Factual Determination. In contested cases, the court shall determine whether the
plaintiff has proved by a preponderance of all evidence submitted that the defendant
has committed the infraction.
(C) A petition for a deferred finding which is denied by the Court will be treated as
a request for a mitigation hearing on written statements.
(D) Disposition. If the court determines that the infraction has been committed, or
the review was based upon a request for mitigation or a deferred finding, the court
may assess a penalty in accordance with rule 3.3.
(E) Notice to Parties. The court shall notify the parties in writing whether an
infraction was found to have been committed and/or what penalty, if any, was imposed.
(F) No Appeal Permitted. There shall be no appeal from a decision on written statements.
[Effective September 1, 2003.]
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