SUMNER MUNICIPAL COURT
LOCAL RULES
Table of Rules
Local Court General Rules
Rule 1 Untitled
Rule 2 Untitled
1. Purpose, Scope and Construction
1.1 Adoption
1.2 Title of Rules
1.3 Effect of Local Rules
1.4 Reservation of Discretion
3. Rights of Defendant
3.1 Arraignment Date
4. Procedures Prior to Trial
4.1 Appearance of Defendant
4.2 Continuances
4.3 Pretrial Conference
4.4 Trial Readiness Hearing
6. Procedures at Trial
6.1 Jury Instructions
8. Infractions
8.1 Decision on Written Statements
8.2 Citations for no Insurance
8.3 Citations for no Handicapped Placard/Identification
8.4 Citations for Dog/Cat License Requirements
9. Miscellaneous
9.1 Schedule of Fees
10.1 Public Records Request
Local Court General Rule 1
Any party or attorney to a proceeding or subpoenaed witness who fails to appear
within thirty minutes of the time scheduled for hearing or trial shall be
deemed having failed to appear unless previously excused by the Court or timely
notice having been provided to the Court for determination of an acceptable
reason for such absence. The Court retains complete authority to reschedule
the matter, issue warrant(s), or dismiss the case or proceeding.
Local Court General Rule 2
Sixty days after sentencing and/or final disposition of a criminal case or
civil infraction, the attorney of record except for the matters appointed the
public defender at City of Sumner expense, unless a notice of appeal has been
filed, shall file a written notification with the court indicating the
attorneys desire to remain as the attorney of record on the case.
{Adopted effective June 30, 2009}
1.1
ADOPTION
These rules are adopted pursuant to CrRlJ 1.7 and GR 7 and supersede any and
all Local Court Rules heretofore adopted by the Sumner Municipal Court.
{Adopted effective September 1, 2002}
1.2
TITLE OF RULES
These rules shall be known and cited as Sumner Municipal Court Local Rules, and
shall be referred to as SUMCLR.
{Adopted effective June 30, 2009}
1.3
EFFECT OF LOCAL RULES
The provisions of the Local Rules are supplemental to the Rules for the Courts
of Limited Jurisdiction, as adopted or hereafter amended by the Supreme Court
of the State of Washington, and shall not be construed to be in conflict with
State court rules as hereby exist or are hereafter amended or modified.
{Adopted effective June 30, 2009}
1.4
RESERVATION OF DISCRETION
The Sumner 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.
{Adopted effective September 1, 2002}
3.1
ARRAIGNMENT DATE
The arresting officer shall set the defendant's arraignment date and time when
issuing a citation in all cases charging a criminal traffic and criminal non-
traffic offense. The arraignment date set shall be the next regularly
scheduled arraignment date, except as provided below. For citations charging
Driving Under the Influence, Driver Under Twenty-one Consuming Alcohol, or
Physical Control of Vehicle under the Influence, as defined in R.C.W.
46.61.502, 503 or 504, or any Domestic Violence offense as defined in R.C.W.
10.99.020 as enacted or hereinafter amended, the arraignment date shall be the
next regularly scheduled Court session.
{Adopted effective September 1, 2002}
4.1
APPEARANCE OF DEFENDANT
Pursuant to CrRLJ 3 and 4, an attorney may enter an appearance and/or plea of not
guilty on behalf of a defendant in any criminal non-traffic or criminal traffic
offense, if said appearance or plea is made in writing or made in open court.
However, the defendant must personally appear before the court for arraignment in
cases where the appearance is mandated by statute, e.g., Driving under the influence,
Driver under twenty-one consuming alcohol, or Physical control of vehicle under the
influence, as defined in R.C.W. 46.61.502, 503 and 504, any Domestic violence
offense as defined in R.C.W. 10.99.020 as enacted or hereinafter amended, or the
following crimes required by this local rule:
. Sexual misconduct with a minor in the second degree as defined in RCW 9A.44.096
as enacted or hereinafter amended;
. Communicate with a minor for immoral purpose as defined in RCW 9.68.090 as
enacted or hereinafter amended;
. Indecent exposure as defined in RCW 9A.88.010 as enacted or hereinafter amended;
. Crimes with sexual motivation, other than sex offenses as defined in RCW 9.94A.030;
. Crimes involving assault or sexual motivation that were forwarded to the County
prosecutor for charging as a felony but were not charged by the County and returned
to the municipality for charging as misdemeanor;
. Leaving a child unattended in a parked automobile as defined in RCW 9.91.060 as
enacted or hereinafter amended;
. Abandonment of a dependent person in the third degree as defined in RCW 9A.42.080 as
enacted or hereinafter amended;
. Aiming or discharging firearms, dangerous weapons as defined in RCW 9.41.230 as enacted
or hereinafter amended; and
. Neglect of a child or dependent person as defined in Sumner Municipal Code (SMC) 9.04.100
as enacted or hereinafter amended.
{Adopted effective September 1, 2012}
4.2
CONTINUANCES
(a) All motions for continuance shall be in writing and shall set forth the
reason for the requested continuance, and if available, the dates of prior
continuances indicating which party requested each.
(b) Requests for Continuance of Jury Trial after readiness hearing shall not
be granted except in extraordinary circumstances as permitted by the court.
Failure to comply with this rule may result in the imposition of terms relating
to the expense incurred by the Court including, but not limited to, the costs
of jury fee payments and mileage reimbursements.
{Adopted effective June 30, 2009}
4.3
PRETRIAL CONFERENCE
(a) Hearing to be set. In all cases in which a defendant has entered a plea
of not guilty, a pretrial conference shall be set. The hearing shall provide
an opportunity for plea negotiations, resolution of all discovery issues, and
trial setting. If the case is to be set for trial, an order shall be entered
setting forth the following, if applicable:
(i) discovery schedule;
(ii) date and nature of pretrial motions;
(iii) date of readiness hearing;
(iv) date of trial; and
(v) time for filing witness lists.
(b) Presence Required. The prosecuting attorney, defense attorney and
defendant shall be required to attend the pretrial conference. Personal
appearance of any of these parties shall not be waived without prior Court approval.
{Adopted effective June 30, 2009}
4.4
TRIAL READINESS HEARING
(a) Readiness Hearing Set. The Court shall set jury trial readiness hearings
in criminal cases set for trial. No readiness hearings will be set for bench trials.
(b) Appearance. Appearance by the prosecuting attorney, defense attorney
and the defendant is required. Appearance by the attorneys who will be trying
the case is preferred. For good cause, substitute counsel may attend on behalf
of trial counsel so long as counsel is prepared to answer the inquiries of the Court.
(c) Procedure at Hearing. At the trial readiness hearing, the Judge may
inquire as to whether the case is expected to go to trial, whether the
defendant expects to waive his/her right to jury, the number of witnesses
expected to be called, the anticipated length of the trial, the number and
nature of any motions and any other matter necessary to administer the trial
efficiently. Any motions other than motions in limine that can be handled in a
short time prior to jury selection shall be set on a separate motion date prior
to jury trial date. Any anticipated problems should be brought to the Court's attention.
(d) Failure to Appear at Hearing. The Court will strike the jury trial and may
issue a bench warrant for a defendant who fails to appear at the Readiness Hearing.
{Adopted effective June 30, 2009}
6.1
JURY INSTRUCTIONS
Standard WPIC jury instructions shall be filed with the Court and provided to
the opposing party on the day of trial, unless otherwise ordered by the Court.
Any specialized instructions (crafted by the individual attorneys based upon
case law or other statutory authority) shall be submitted for the opposing
parties and courts review no later than readiness hearing without specific
authority granted by the court. Two sets of instructions shall be filed with
the Court, one with citations, and one without citations. The set with
citations shall be assembled in numbered sequence and stapled together. The
set without citations shall be submitted to the Court in the same order as the
cited set, and shall be paper clipped together. One copy of the set with
citations shall be provided to the opposing counsel or party.
{Adopted effective June 30, 2009}
8.1
DECISIONS ON WRITTEN STATEMENTS
Mitigation and Contested infraction 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.
8.2
CITATIONS FOR NO INSURANCE
If a defendant who was cited with a violation of RCW 46.30.020 presents to a
court clerk or administrator evidence that the person had in effect at the time
of the citation liability insurance as required by that statute, then upon the
payment of twenty-five ($25) administrative costs, the case shall be dismissed
and the court clerk/administrator shall be authorized to make appropriate
notation of the dismissal in the Court file.
If a defendant who was cited with a violation of RCW 46.30.020, for failure to
have liability insurance is able to show evidence that the person did not have
insurance at the time of the citation but has subsequently obtained liability
insurance in conformity with the requirements of the statutes, then the
penalty upon a first violation of such statute shall be reduced to two hundred
seventy-five dollars ($275); upon a second violation shall be reduced to three
hundred seventy-five dollars ($375); in either event the court
clerk/administrator shall be authorized to enter a finding that the infraction
was committed, and make appropriate notations in the Court record, and the
person shall be relieved of any further need to appear in court in connection
with that particular infraction.
8.3
CITATIONS FOR NO HANDICAPPED PLACARD/IDENTIFICATION
If a person is cited more than one time in a two year period with a violation
for improper parking in a disabled space without proper parking placard,
license plate or picture identification, presents to the court
clerk/administrator evidence that the person had in effect at the time of the
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 upon payment of a twenty-five dollar ($25) administrative
cost, the infraction shall be dismissed and the court clerk/administrator shall
be authorized to make appropriate notation of the dismissal in the Court record.
{Adopted effective June 30, 2009}
8.4
CITATIONS FOR DOG/CAT LICENSE REQUIREMENTS
If a defendant who was cited with a violation of SMC 6.04.030 for failure to
have a dog and/or cat license presents to a court clerk or administrator
evidence that although the person did not have a license for their dog/cat at
the time of the citation but has obtained a license in conformity with the
requirements of the ordinance within 21 days from date of issuance then the
penalty upon a first violation within a 5 year period shall be reduced to two
hundred seventy five dollars ($275); upon a second violation shall be reduced
to three hundred seventy-five dollars ($375); in either event the court
clerk/administrator shall be authorized to enter a finding that the infraction
was committed, and make appropriate notations in the Court record, and the
person shall be relieved of any further need to appear in court in connection
with that particular violation.
{"Corrected" amended rule effective September 1, 2012}
9.1
SCHEDULE OF FEES
The Sumner Municipal Court shall charge fees consistent with R.C.W. 3.62.060.
Any other expenses including but not limited to postage shall be imposed per
the current expense to the City of Sumner.
JIS Data dissemination charges will be set in accordance with the
Administrative Office of the Courts.
This rule does not apply to law enforcement agencies, governmental agencies,
or other departments within the City of Sumner, or criminal cases involving
indigent defense counsel.
{Adopted effective June 30, 2009}
10.1
PUBLIC RECORDS REQUEST
Public Records Requests must be submitted in writing on the Sumner Municipal
Court Public Records Request Form noting fees may apply and must be paid prior
to dissemination of information.
{Adopted effective June 29, 2010}
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