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Steilacoom Municipal Court
Local Court Rules
Table of Rules
Local Court General Rules
LR .01 Courtroom Safety
LR .02 Cell Phones, Pagers, and Other Devices
Purpose, Scope and Construction
1.1 Adoption
1.2 Title of Rules
1.3 Effect of Local Rules
1.4 Reservation of Discretion
Continuance Requests
2.1 Infraction and Arraignment Continuances
2.2 Pretrial Conference Continuances
Warrants
3.1 Warrant Costs
3.2 Procedure to Quash Warrant
Bail Forfeitures
4.1 Bail Forfeitures for Specific Crimes - RESCINDED
Infractions
5.1 NVOL with ID
5.2 Mandatory Liability Insurance
5.3 Expired Vehicle Registration
5.4 Decisions on Written Statements
5.5 Deferral of Traffic Infraction
LR .01
COURTROOM SAFETY
No person (except for duly and regularly commissioned law
enforcement officers of the State of Washington and other states
of the United States of America not appearing on their own family
law matter) shall be in the Steilacoom Town Hall (when being used
for court purposes) while armed with ANY firearm or taser or
explosive device or any knife having a blade length of more than
three inches or any billyclub, blackjack, truncheon or bat, nor
shall any such person be in the afore-mentioned area while
possessing any gas gun or other device used for the spraying of
tear gas, mace or other noxious chemical substance, nor any
incendiary device.
Any person found having any of the articles or devices
heretofore mentioned which are banned from the Steilacoom Town
Hall (when being used for court purposes) is subject to having
such articles or devices seized by law enforcement officers,
bailiffs on court order, or as otherwise directed by the Court.
Any person violating this rule shall be subject to
punishment for contempt of court and prosecuted under RCW 9.41.300.
[Adopted effective June 28, 2006, on an emergency basis pursuant
to GR 7(e); adopted as a permanent rule effective September 1, 2006.]
LR .02
CELL PHONES, PAGERS, AND OTHER DEVICES
No person (except for duly and regularly commissioned law
enforcement officers of the State of Washington and other states
of the United States of America not appearing on their own family
law matter) shall be in the Steilacoom Town Hall (when being used
for court purposes) while in possession of a cell phone, pager,
smart phone, hand held device, or other electronic device capable
of producing a ring tone, beep, or other noise or signal unless
such device is turned off or is in a "silent" or "vibrate" mode.
Any person found having any of the articles or devices
heretofore mentioned which are not turned off or in a "silent"
or "vibrate" mode while in the Steilacoom Town Hall (when being
used for court purposes) is subject to having such devices seized
by law enforcement officers, bailiffs on court order, or as
otherwise directed by the Court.
In addition, any person violating this rule shall be subject
to punishment for contempt of court.
[Adopted effective June 28, 2006, on an emergency basis pursuant
to GR 7(e); adopted as a permanent rule effective September 1, 2006.]
SCMLR 1.1
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to GR 7, CrRLJ 1.7, and IRLJ 1.3. The
effective date of these rules shall be September 1, 2011.
SCMLR 1.2
TITLE OF RULES
These rules may be known and cited as Steilacoom Municipal Court Rules and
referred to as SCMLR.
(Effective: September 1, 2011)
SCMLR 1.3
EFFECT OF LOCAL RULES
The provisions of the Local Rules are supplemental to the Rules for Courts of
Limited Jurisdiction as adopted or hereafter amended by the Supreme Court of
the State of Washington and shall not be construed to conflict with them.
(Effective: September 1, 2011)
SCMLR 1.4
RESERVATION OF DISCRETION
The Steilacoom Municipal Court reserves the authority to interpret and/or
suspend or modify these rules in individual cases on motion of a party for good
cause or on a motion of the Court in the interest of justice and/or the
efficient operation of the Court.
(Effective: September 1, 2011)
SCMLR 2.1
INFRACTION AND ARRAIGNMENT CONTINUANCES
If made by the defendant or defendant's attorney at least the day prior to the
scheduled hearing, the following hearings are eligible for a one-time
continuance by the court clerk:
(1) Contested or mitigation infraction hearings
(2) Non-DV and Non-DUI/Physical Control/Driving Under 21 Consuming
Alcohol arraignments
(Effective: September 1, 2011)
SCMLR 2.2
PRETRIAL CONTINUANCES
Pretrial conference continuances may be granted with consent of the prosecutor
and with signed speedy trial waiver, if applicable, prior to and on the date of
the scheduled pretrial hearing.
(Effective: September 1, 2011)
SCMLR 3.1
WARRANT COSTS
The maximum warrant preparation fee permitted under RCW 10.01.160(2) shall be
assessed whenever the Court orders a warrant based on a defendant's failure to
appear for any mandatory court appearance on a misdemeanor or gross misdemeanor offense.
(Effective: September 1, 2011)
SCMLR 3.2
PROCEDURE TO QUASH WARRANT
The Court may quash the warrant under the following circumstances:
(A) The defendant may personally appear at the clerk's office and pay the
amount of the warrant fee in cash. The defendant shall then personally sign a
promise to appear at a hearing set for the next judicial day with a criminal
case docket. The Court will determine the appropriate conditions for the
defendant's continued release at that hearing.
(B) If the Court has ordered a second or subsequent warrant in a particular
case, the defendant may appear at the clerk's office and sign a Request for
Motion Hearing to Quash Active Warrant. The defendant will sign a promise to
appear at a hearing set for the next judicial day with a criminal case docket.
However, the warrant will not be stayed or quashed, and the defendant will
still be subject to arrest on the warrant until the defendant has appeared in
open court and the Judge has quashed the warrant.
(Effective: September 1, 2011)
SCMLR 4.1
BAIL FORFEITURES FOR SPECIFIC CRIMES
Rescinded effective September 1, 2012.
SCMLR 5.1
NVOL WITH ID
(A) If a person charged with violation of RCW 46.20.015 for No Valid
Operator's License with Valid Identification (NVOL with ID) is able to acquire
a valid operator's license and provide proof to the court within 14 days from
the date of violation, or prior to a scheduled mitigation or contested hearing,
then the penalty shall be reduced to $125.
(B) If a If a person charged with violation of RCW 46.20.015 for NVOL with ID
fails to obtain a valid operator's license within 15 days from the date of
violation, or prior to a scheduled mitigation or contested hearing, and the
violation is the first NVOL offense in five years, the penalty shall be reduced
to $150.
(C) If a person charged with violation of RCW 46.20.015 for NVOL with ID fails
to obtain a valid operator's license within 15 days from the date of violation,
or prior to a scheduled mitigation or contested hearing, and the violation is
the second or subsequent violation within five years, the penalty shall be
reduced to $250.
In each case, the clerk shall be authorized to enter a finding that the
infraction was committed to 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.
(Effective: September 1, 2011)
SCMLR 5.2
MANDATORY LIABILITY INSURANCE
(A) If a person charged with a violation of RCW 46.30.020, driving a motor
vehicle without having proof of valid insurance, presents to the court clerk
within 15 days of the date of violation, or prior to a scheduled mitigation or
contested hearing, evidence that they had in effect at the time of the
infraction liability insurance as required by RCW 46.30.020, then, upon payment
of $25 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.
(B) If a person charged with a violation of RCW46.30.020, driving a motor
vehicle without having proof of valid insurance, provides proof to the court
clerk within 15 days of the violation, or prior to a scheduled mitigation or
contested hearing, that they subsequently obtained liability insurance in
conformity with the requirements of RCW 46.30.020, then the penalty shall be
reduced to $200. The clerk shall be authorized to enter a finding that the
infraction was committed and make appropriate notations in the court record.
The person will be relieved of any further need to appear in court in
connection with this charge on the infraction.
(Effective: September 1, 2011)
SCMLR 5.3
EXPIRED VEHICLE REGISTRATION
If a person who has been cited with a violation of RCW 46.16A.030.5, provides
proof to the court clerk within 15 days from the date of violation, or prior to
any scheduled mitigation or contested hearing, that the vehicle registration
was valid at the time of the violation, and that the person has had no previous
violations of RCW 46.16A.030.5, then the case shall be dismissed with no costs.
If a person charged with the violation of RCW 46.16A.030.5.L (Expired Vehicle
Registration Less than Two Months) is able to acquire valid registration and
provide proof to the court within 15 days of the date of violation, or prior to
any scheduled mitigation or contested hearing, then the penalty shall be
reduced to $65.00 and a finding of committed entered.
If a person charged with the violation of RCW 46.16A.030.5.O (Expired Vehicle
Registration Over Two Months) is able to acquire valid registration and provide
proof to the court within 15 days from the date of violation, or prior to any
scheduled mitigation or contested hearing, then the penalty shall be reduced to
$100 and a finding of committed entered.
In each case, the clerk shall be authorized to enter the appropriate finding
and to 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.
(Effective: September 1, 2012.)
SCMLR 5.4
DECISIONS ON WRITTEN STATEMENTS
The Court authorizes mitigation hearings and contested hearings on written
statements in lieu of a defendant's personal appearance.
(A) If the defendant submits a timely request for a hearing to contest or
mitigate an infraction, the defendant may elect to seek a decision on written
statement pursuant to IRLJ 3.5. A person who elects to contest or mitigate an
infraction by decision on written statement shall be deemed to have waived an
in-court hearing to contest or mitigate the infraction in person.
(B) If a hearing date is set, a request for a decision by written statement in
lieu of personal appearance may be submitted no less than the day prior to that
set for the in-court hearing.
(C) A written statement that does not clearly request to contest a notice of
infraction will be treated as a request to explain mitigating circumstances.
(D) A defendant wishing to proceed by decision on written statement shall
provide a statement which sets forth the facts and/or defense(s) that the
defendant would like the Court to consider. A written statement submitted
pursuant to this rule shall be submitted by declaration containing
substantially the following form:
I certify (or declare) under penalty of perjury under the laws of the
State of Washington that the foregoing is true;
I agree to pay any penalty imposed within 60 days of a decision date.
(E) If the charges are contested, the Court shall review the officer's sworn
statement and declarations submitted by the defendant. The examination may be
held in Chambers and shall not be governed by the rules of evidence. The Court
will then determine whether the plaintiff has proved by a preponderance of
evidence whether it is more likely than not that the defendant has committed
the infraction.
(F) The court shall notify the parties in writing whether an infraction was
found to have been committed and what penalty, if any, was imposed, and the
date by which such payment shall be made to the court.
(G) There shall be no appeal from a decision on written statements, and the
decision of the Judge shall be final for all purposes.
(Effective: September 1, 2011)
SCMLR 5.6
DEFERRAL OF TRAFFIC INFRACTION
The defendant may enter a deferral of traffic infraction for up to one year
pursuant to RCW 46.63.070(5).
(A) The defendant may enter a deferral of traffic infraction without court
hearing upon appearing at the clerk's office, paying the administrative costs
and signing the agreement to abide by the deferral conditions (no new
moving/non-moving violations for six months). Alternatively, the Court may
grant deferral at a scheduled mitigation or contested hearing, setting costs
and conditions.
(B) The court will monitor the defendant's compliance for the stated period of
time. If the defendant successfully completes the conditions, the charge(s)
will be dismissed.
(C) The court may extend the jurisdiction up to a year if the defendant
obtains a new pending violation and no disposition is shown. If the defendant
obtains a new committed violation during the period of jurisdiction or fails to
pay the administrative costs, the deferral will be revoked and the charge(s)
found committed.
(Effective: September 1, 2011)
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