| |
Seatac Municipal Court
Local Rules
Table of Rules
Local Rules
STMCLR 1.7 Adoption of Local Rules
STMCLR 1.8 Title of Rules
STMCLR 1.9 Readiness for Trial Hearings
STMCLR 1.10 Use of Collection Agency and Assessment as Court
Costs of Amounts Paid for Collection Services
STMCLR 1.11 Refunding of Posted Bail
STMCLR 2.2 Requirements for Payment on Courtesy Warrant Calendar
STMCLR 3.2 Bail in Domestic Violence Cases
STMCLR 3.4 Video Conference Proceedings
STMCLR 4.1 Authorization for Continuance of Arraignments
STMCLR 4.5 Petitions for Deferred Prosecution
STMCLR 6.1 Trial By Jury
STMCLR 10.1 Antiharassment Protection Orders
Local Infraction Rules
STMCLIR 1.3 Adoption of Local Rules
STMCLIR 1.4 Title of Rules
STMCLIR 1.5 Requirements for Payment Following Infraction Hearings
STMCLIR 2.4 Handling of Requests for Contested Hearings after Failure to Respond
STMCLIR 3.5 Authorizing Decisions on Written Statements
STMCLIR 6.2 Mandatory Liability Insurance Violations – Proof of Insurance
STMCLIR 6.6(d) Speed Measuring Device: Design and Construction Certification
STMCLR 1.7
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to CrRLJ 1.7
[Adopted effective September 1, 2003]
STMCLR 1.8
TITLE OF RULES
These rules may be known and cited as the SeaTac Municipal
Court Local Rules and shall be referred to as STMCLR.
[Adopted effective September 1, 2003]
No. 1.9
READINESS FOR TRIAL HEARINGS
A Readiness Hearing shall be held before the Municipal Court Judge in
every case in which a timely demand for jury is made. Notice shall be given in
open court by the Judge to all parties indicating the date and time for this
hearing. At the Readiness Hearing the Prosecuting Attorney, the Defendant, and
the Defendant's counsel (if any) must be present. Furthermore, parties shall
advise the court if the case can be settled in a manner other than a jury
trial. The court will strike the scheduled Jury Trial and may issue a Bench
Warrant for any Defendant that does not appear at the Readiness Hearing.
[Effective date: September 1, 2011]
STMCLR 1.10
USE OF COLLECTION AGENCY AND ASSESSMENT
AS COURT COSTS OF AMOUNTS PAID FOR COLLECTION SERVICES
The court shall use the services of a collection agency for
the purposes of collecting unpaid and delinquent penalties
on infractions, criminal fines, costs, assessments and
forfeitures, on the terms and conditions of the contract for
collection services between the City of SeaTac and said
collection agency, and as may be subsequently amended.
The collection agency’s fee or charge, as set forth in said
contract, shall be added by the collection agency as a court
cost to the total judgment of the court against each
defendant whose account is referred by the court to said
collection agency.
[Adopted effective September 1, 2003]
STMCLR 1.11
REFUNDING OF POSTED BAIL
Any defendant who has bail or bond posted on their case
shall have their bail or bond exonerated upon order of the
Court. If cash bail was posted subsequent to the issuance
of a bench warrant, the Clerk of the Court is authorized to
deduct a warrant fee prior to refunding bail. This rule
shall also apply if a person other than the Defendant posted bail.
[Adopted effective September 1, 2003]
STMCLR 2.2
REQUIREMENTS FOR PAYMENT ON
COURTESY WARRANT CALENDAR
a) A defendant who has been charged with a criminal
violation and has an outstanding warrant in the SeaTac
Municipal Court may request to attend the Courtesy Warrant
Calendar.
b) Prior to appearing on the Courtesy Warrant Calendar,
the defendant must pay all outstanding warrant fees to the
SeaTac Municipal Court.
c) All warrant fees collected pursuant to this rule must
be paid in cash.
d) A defendant may only appear on the Courtesy Warrant
Calendar once per cause number.
[Adopted effective September 1, 2003]
STMCLR 3.2
BAIL IN DOMESTIC VIOLENCE CASES
A Defendant who is detained in jail after the initial arrest for a misdemeanor
or gross misdemeanor shall be released upon posting bail in the amount of $500 for
a misdemeanor and $1,000 for a gross misdemeanor, except for the following offenses:
1. Domestic Violence Offenses: Defendants shall be held in non-bailable
status pending hearing the next court day following booking for any crime
alleging domestic violence under RCW 10.99.020(5) or applicable ordinance.
2. Driving Under the Influence/Physical Control: Defendants shall be
held in non-bailable status pending hearing the next court day following
booking for Driving Under the Influence (RCW 46.61.502) or Physical Control of
a Motor Vehicle While Under the Influence (RCW 46.61.504).
[Effective date: September 1, 2011]
STMCLR 3.4
VIDEO CONFERENCE PROCEEDINGS
(1) Authorization. Preliminary appearances held pursuant to CrRLJ
3.2.1(d), arraignments held pursuant to CrRLJ 3.4 and CrRLJ 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 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 SeaTac Municipal Court Judge or Judge Pro-Tem. Any party may
request an in-person hearing, which may be granted at the discretion
of the SeaTac Municipal Court Judge or Judge Pro-Tem.
(2) 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 SeaTac Municipal Court Judge or Judge Pro-Tem.
(3) 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 judge.
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.
[Effective Date: September 1, 2007]
STMCLR 4.1
AUTHORIZATION FOR CONTINUANCE
OF ARRAINGMENTS
If a defendant requests a continuance of his or her
arraignment date, the court clerk is authorized to continue
and reset the arraignment to a date not later than fourteen
(14) days after the date on which the arraignment was
initially set, without the matter needing to come before the
court in open session to consider the request for a
continuance of the arraignment, on the following conditions:
1. That the defendant who is requesting the continuance of
the arraignment shall have had no previous warrants issued
involving any criminal case for a failure to appear or a
failure to comply with a court order;
2. That the defendant shall sign a waiver of his/her right
to a speedy trial, with that waiver waiving speedy trial
rights for a period of at least 90 days from the date of the
rescheduled-continued arraignment.
This authorization for continuance of arraignment shall
not apply to cases involving alleged Domestic Violence
Assaults, harassments or any other case where a Protection
or No Contact Order has been requested.
Any other requests for continuance of arraignment, whether
for a period of time longer than that authorized herein
above or for cases not meeting the above criteria shall be
presented to the court in open session for consideration of
the continuance request.
[Adopted effective September 1, 2003]
STMCLR 4.5
PEITITONS FOR DEFERRED PROSECUTION
All petitions for deferred prosecution shall be in strict
compliance with the requirements of RCW 10.05. Copies shall
be served on the City of SeaTac Prosecuting Attorney.
Findings of Fact, Conclusions of Law, and Order shall be
submitted on SeaTac Municipal Court form Order Granting
Deferred Prosecution.
[Adopted effective September 1, 2003]
STMCLR 6.1
TRIAL BY JURY
(1) Any case confirmed for jury trial at the
readiness hearing shall remain set for a jury trial.
(2) On the last regular judicial preceding the
trial date, the Prosecuting Attorney, and the
defense attorney or the defendant, if appearing
pro se, shall confirm the jury trial in writing or
by telephone to the Clerk of the Court before
noon, or advise that some other disposition has been reached.
Any party that fails to confirm a jury trial as
required will be in contempt, and will subject the
party to the imposition of terms.
(3) If on the date scheduled for trial, the
defendant waives his/her right to a confirmed jury
trial, whether by entry of a plea or otherwise,
the Defendant shall be responsible for payment to
the Municipal Court in the amount of the actual
costs incurred by the Municipal Court for jury fee
payments and mileage reimbursements, unless the
Judge presiding over the case specifically
determines that those fees and costs or the full
amount of those fees and costs shall not be paid
under the circumstances of the Defendant’s case.
[Adopted effective September 1, 2003]
STMCLR 10.1
ANTIHARASSMENT PROTECTION ORDERS
1. By adoption of this local rule, the SeaTac Municipal
Court hereby exercises jurisdiction and cognizance of any
civil actions and proceedings brought under RCW 10.14.150,
as now or hereafter amended, except the SeaTac Municipal
Court shall transfer such actions and proceedings to the
superior court when it is shown that the respondent to the
petition is under eighteen years of age.
2. The SeaTac Municipal Court's jurisdiction pursuant to
this rule shall be limited to situations:
a. When the alleged acts of unlawful harassment
occurred within the SeaTac city limits; or
b. When the respondent resides within the SeaTac
city limits at the time the petition is filed; or
c. When the respondent may be served within the
SeaTac city limits if it is the same county or judicial
district where a respondent resides.
3. The Clerk of the Municipal Court may charge a filing
fee in an amount equal to that charged by the King County
District Court for the filing of a Petition for an
Antiharassment Protection Order, but such filing fee shall
not be less than fifty-one dollars ($51.00). The Municipal
Court Judge has discretion to waive or reduce the filing fee
upon a showing of indigence, financial hardship, or other
good cause.
[Adopted effective September 1, 2005]
STMCLIR 1.3
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to IRLJ 1.3
[Adopted effective September 1, 2003]
STMCLIR 1.4
TITLE OF RULES
These rules may be known and cited as the SeaTac Municipal
Court Local Infraction Rules and shall be referred to as STMCLIR.
[Adopted effective September 1, 2003]
STMCLIR 1.5
REQUIREMENTS FOR PAYMENT FOLLOWING INFRACTION HEARINGS
1. If a defendant who has been charged with a traffic or
other infraction filed with the SeaTac Municipal Court is
found to have committed that infraction, absent extenuating
circumstances, the defendant shall make payment in full of
the amount of the penalty at the time of the hearing in
which the defendant was found to have committed the infraction.
2. Time payments on infractions will be permitted only
upon a showing of exceptional and exigent circumstances in
court, at the time of the hearing on the contested
infraction. The decision by the judge to authorize time
payments in infraction cases shall be subject to the
conditions set at the time of the order authorizing time payments.
3. Failure to make payment on the penalties for committed
infractions shall be enforceable pursuant to otherwise
applicable court rule, state law or administrative code regulations.
Notice
Pursuant to SeaTac Local Court Rule 11, the SeaTac
Municipal Court will not permit time payments following
infraction hearings. Therefore, if a monetary penalty is
imposed by the Judge, it will be necessary for you to be
prepared to pay the penalty in full immediately following
the conviction. Failure to pay the penalty amount
immediately following the hearing will result in an
additional $47.00 penalty and a suspension of your driver's
license by the Department of Licensing.
[Former Rule 11 adopted September 15, 1994; amended and
renumbered as STMCLIR 1.5 effective September 1, 2003]
STMCLIR 2.4
HANDLING OF REQUESTS FOR CONTESTED
HEARINGS AFTER FAILURE TO RESPOND
1. If a defendant who has failed to appear or respond to a
notice of infraction, as required by RCW 46.63.070 and Rule
2.4 of the Infraction rules for Courts of Limited
Jurisdiction (IRLJ) requests that the court set his/her case
for a contested hearing, the court clerk shall be authorized
to et a date for a contested hearing, and retrieve pleadings
and/or correspondence from the Department of Licensing
reflecting the failure to respond or appear, if any was
sent, on the following conditions:
A. The defendant, within one week of the date by which a
request for a contested hearing should have been received by
the curt, delivers to the court an envelope containing
his/her request for a contested hearing, with a postmark
clearly indicating that the envelope was addressed and
mailed to the Municipal Court within the time frame for
requesting contested hearings pursuant to statue and court
rule, and with the envelope indicating that it was returned
to the defendant, for whatever reason; or,
B. The court, within one week of the date by which a
request for a contested hearing should have been received by
the court, receives in the mail an envelope containing the
defendant’s request for a contested hearing, with the
envelope showing a postmark clearly indicating that the
envelope was mailed to the Municipal Court within the time
frame for requesting contested hearings pursuant to statute
and court rule.
2. In all other cases, the defendant shall not be entitled
to a contested hearing, and the disposition of his/her
infraction shall be dealt with as provided for in the
statute and/or court rule for failures to respond or appear.
[Adopted effective September 1, 2003]
STMCLIR 3.5
AUTHORIZING DECISIONS ON
WRITTEN STATEMENTS
Upon receipt of written statements on infraction cases
involving contested hearings and mitigation hearings, the
court is authorized to enter decisions based upon such
written statements, pursuant to IRLJ 3.5.
[Adopted effective September 1, 2003]
STMCLIR 6.2
MANDATORY LIABILITY INSURANCE
VIOLATIONS –PROOF OF INSURANCE
1. If a person cited with a violation RCW 46.30.020
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, then, upon payment of twenty-five
dollars ($25.00) statutory court costs, 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 cited with violation of RCW 46.30.020 has
subsequently obtained liability insurance in conformity with
the requirements of RCW 46.30.020, and proof is provided to
the Court prior to the date of contested hearing, then the
monetary penalty shall be reduced to one hundred fifty
dollars ($150.00). Upon payment of the one hundred and
fifty dollar ($150.00) monetary penalty, the court clerk
shall be authorized to enter a finding that the infraction
was committed, and make appropriate notations in the court
record. The person cited will be relieved of any further
need to appear in court in connection with the infraction if
full payment is received prior to the date of the scheduled
court hearing.
3. Payment of any monetary penalty assessed pursuant to
this rule shall be made by cash or money order.
[Adopted effective September 1, 2003]
STMCLIR 6.6(d)
Speed Measuring Device: Design and Construction
Certification.
(d) Payment of Expert. Any person who requests production
of an electronic speed measuring devise (SMD) expert, and
who is thereafter found by the Court to have committed the
infraction, may be required to pay the fee charged by the
expert as a cost incurred by that party, as provided in
RCW 46.63.151.
[Adopted effective May 21, 1996]
|
|
