RULES OF THE UNION GAP MUNICIPAL COURT
Table of Rules
UGAR 1.1 Preamble
UGAR 1.2 Scope and Effective Date
UGAR 1.3 Citation
UGAR 1.4 Place of Court
UGAR 1.5 Sessions
UGAR 1.6 Order of Docket
UGAR 1.7 Office Hours
UGAR 1.8 Probation Department
UGAR 1.9 Judges Pro Tempore
UGAR 1.10 Disclosure of Records
Criminal Rules
UGCrR 2.5 Procedure on Failure to Obey Citation or Notice
UGCrR 3.2 Release of Accused
UGCrR 3.3 Time for Trial
UGCrR 3.4 Mandatory Appearance
UGCrR 3.5 Bail/Bond
UGCrR 3.6 Suppression Procedure
UGCrR 4.2 Pleas
UGCrR 4.7 Discovery
UGCrR 4.11 Status Hearings
UGCrR 6.1.1 Trial by Jury
Infraction Rules
UGIR 2.4 Response to Notice
UGIR 2.6 Scheduling of Hearings
UGAR 1.1
PREAMBLE
These local rules are assembled and numbered to conform with
the numbering system and format adopted by the Supreme Court
of the State of Washington as required under GR 7. These
rules supplement the Criminal Rules for Courts of Limited
Jurisdiction as well as the Infraction Rules for Courts of
Limited Jurisdiction.
UGAR 1.2
SCOPE AND EFFECTIVE DATE
The Court may modify or suspend these local rules in any
given case upon good cause being shown or upon the Court's
own motion when justice so requires.
These rules shall be effective on September 1, 1999.
UGAR 1.3
CITATION
These Rules should be cited as UGAR {Administrative Rules},
UGCrR {Criminal Rules}, or UGIR {Infraction Rules}
UGAR 1.4
PLACE OF COURT
Unless otherwise ordered, the Court shall sit in the
Courtroom of the Union Gap City Hall, Union Gap, Washington.
The clerk's office shall be at the Union Gap City Hall, Union Gap,
Washington.
UGAR 1.5
Sessions
Mondays, Thursdays and Wednesdays are hereby designated as Judicial Days. If a
Judicial Day falls on a legal holiday , the Court shall, unless otherwise
ordered by the Presiding Judge, be in session on the next following day,
excluding Saturdays, Sundays, and legal holidays.
(Amended 6/30/08, effective September 1, 2008)
UGAR 1.6.
Order of Docket
The docket of the Court shall be arranged, generally, in the following fashion:
Monday
8:00 a.m. All matters concerning defendants in custody.
9:30 a.m. Status Hearings, Probation Violation Arraignments and Hearings on
such other matters as the Court may direct.
11:00 a.m. Status Hearings, Probation Violation Arraignments and Hearings on
such other matters as the Court may direct.
1:30 p.m. Status Hearings, Probation Violation Arraignments and Hearings on
such other matters as the Court may direct.
Wednesday
9:00 a.m. All matters set for jury trial.
Thursday
8:00 a.m. All matters concerning defendants in custody.
9:30 a.m. Out of custody, arraignments, motions requiring the testimony,
trials, and probation violation arraignments and such other matters
as the Court may direct, including Jury trials
1:30 p.m. Hearings on infractions and special-set for criminal hearings or
trials or such other matters as the Court may direct.
(Amended 3/27/08, effective date 9/1/08)
UGAR 1.7
OFFICE HOURS
The Clerk's Office shall be open Monday through Friday
{legal holidays excepted} from 8:00 AM to 12:00 and 1:00 PM
to 5:00 PM. The Court may, under extraordinary
circumstances, authorize closure of the Clerk's Office for a
specific period of time during its otherwise normal hours of
operation.
UGAR 1.8
Probation Department
Yakima County Probation Services is designated to provide services in all
maters requiring supervision of defendants. The court shall specify, by
written order, the defendants subject to such supervision and the terms of
such supervision.
In connection with Probation Orders, Orders Deferring Prosecution, or
Stipulated Orders for Continuance, if the Court issues an order staying the
same, Probation Services is relieved of any duty to supervise the subject of
the order, pending further directive of the Court.
(Amended 6/27/08, effective date 9/1/08)
UGAR 1.9
JUDGES PRO TEMPORE
Judges Pro Tempore shall have the full powers of the regular
judge during regular Court sessions for which he or she is
appointed. Judges Pro Tempore may also, in the absence or
unavailability of the Presiding Judge, have such powers as
may be necessary to carry out the essential functions of the Court.
UGAR 1.10
DISCLOSURE OF RECORDS
{1} The following records and files of this Court are
declared confidential:
(a) Affidavits for search warrants before a return of
service has
been filed;
(b) Affidavits for probable cause for arrest warrants
before the warrant has been served and returned to the Court:
(c) Pre-sentence and after-sentence reports;
(d) Mental health, psychiatric, and medical reports;
(e) Alcohol and drug evaluations;
(f) Deferred Prosecution petitions and stipulations of rights;
(g) Unless admitted into evidence, certified copies of
driving records, abstracts of driving records, and compiled
reports of arrests and convictions;
(h) Judges' notes and work sheets.
(2) Access to confidential records is limited to persons
authorized by statute or Court order.
(3) Persons requesting access to court records shall file a
written request. on a form provided by the Court. Any person
objecting to a denial of access may file a Motion for
Reconsideration, which will be set, by the Clerk, for
hearing and determination by the Court.
(4) A charge of 50 cents per page shall apply to
photocopies of all documents.
(5) Requests for duplicates of recorded tapes shall be in
writing on a form prescribed by the court. Duplicates of
tapes and photocopies the log for the record shall be
delivered only after payment of the costs for the same,
unless payment is excused from payment by statute or
appropriate order of the court.
UGCrR 2.5
PROCEDURE ON FAILURE TO OBEY CITATION OR NOTICE
(1) Warrant Costs. The maximum warrant preparation fee
permitted under RCW 10.01.160 shall be assessed whenever the
Court orders a warrant based on a defendant's failure to
appear for any mandatory court appearance on a jailable
offense. The fee shall include any costs for service of the
warrant.
(2) Quashing Warrants. The Court, in its discretion, may
quash a 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 no later than the next judicial day. The Court
will determine the appropriate conditions for the
defendant's continued release at that hearing.
(b) Nothing in this rule shall be construed to limit the
Court's power to quash a warrant when justice otherwise
requires.
UGCrR 3.2
RELEASE OF ACCUSED
Cash deposited as bail is presumed to be the property of the
accused, unless otherwise shown upon the record of the Court.
UGCrR 3.3
TIME FOR TRIAL
(1) The clerk shall set a status hearing on each case set
for trial.
(2) Status hearings shall be set not less than two weeks
prior to the trial date.
(3) Failure of a defendant to appear at the status hearing
shall cause the trial date to be stricken.
(4) Failure of a defendant to contact counsel prior to the
status hearing may result in the imposition of terms upon
the defendant if such results in delay or inconvenience to
the plaintiff.
(5) The Court may continue a case pursuant to CrRLJ 3.3(d)(1).
UGCrR 3.4
MANDATORY APPEARANCE
(1) Defendants under the age of eighteen shall be
accompanied by a parent or guardian at the time of
arraignment, status, trial, and sentencing hearings. The
Court may continue such proceedings until the presence of
the parent or guardian can be secured.
(2) Defendants charged with Domestic Violence Offenses as
defined in RCW 10.99, DUI (RCW 46.61.502), Driver Under 21
Years of Age Consuming Alcohol (RCW 46.61.503), Physical
Control (RCW 46.61.504) and Negligent Driving in the First
Degree (RCW 46.61.5249) must appear for arraignment on the
next judicial day following arrest or signing of a promise
to appear on a citation.
(3) Appearance at arraignment for defendants charged with
other offenses may be waived by the Court upon filing of a
written appearance as provided under CrRLJ 4.1(d) by an
attorney admitted to practice in the State of Washington,
and upon such conditions as the Court may deem necessary.
UGCrR 3.5
Bail/Bond
Upon a defendant's being released from jail on bail or bond, unless otherwise
directed by court, the defendant shall appear in Union Gap Municipal Court, at
9:30 a.m. on the next Monday or Thursday thereafter, unless it is a legal
holiday, in which case the defendant shall appear at 9:30 a.m.on the next
immediately following Monday or Thursday.
(Adopted 6/30/08, effective 9/1/08)
UGCrR 3.6
SUPPRESSION PROCEDURE
(1) A hearing pursuant to CrRLJ 3.5 and/or 3.6 may be held
immediately prior to jury selection or at such other time as
set by the Court.
(2) At the time of the status conference, appropriate
arrangements shall be made to set a date and time for CrRLJ
3.5 and/or 3.6 hearings.
UGCrR 4.2
PLEAS
Pleas of Guilty may be entered on any regular court day, but
may be subject to terms pursuant to UGCrR 6.1.1(f).
UGCrR 4.7
DISCOVERY
(1) Unless otherwise ordered by the Court, the prosecutor
shall provide all discoverable materials in the prosecutor's
possession to the defense within 14 days of arraignment or
as soon as is reasonably possible, and without written
demand.
(2) Unless otherwise ordered by the Court, the defendant
(if appearing pro se) or the defendant's attorney shall
provide, without written demand, all discoverable materials
to the prosecutor not less than three days prior to the
status hearing, or in cases where there no status hearing
has been set, not less than 14 days, or as soon as is
reasonably possible, prior to the date set for trial.
UGCrR 4.11
STATUS HEARINGS
(1) The status-hearing is designed to determine the
readiness of the case for trial, to provide accurate
information to the Court as to which cases are actually
expected to proceed to jury trial, or where appropriate,
bench trial, and to address pre-trial issues.
(2) The parties and/or their attorneys should be prepared
to exchange witness lists, address pre-trial motions and
stipulations, discuss jury instructions where applicable,
evidentiary issues other than those requiring a hearing
pursuant to CrRLJ 3.5 and 3.6, the amount of time required
for trial, whether or not a jury will be waived, and any
other relevant issues.
(3) Petitions or Notices of Intent to File for Deferred
Prosecution may
be filed at the status hearing and then scheduled for
subsequent hearing by the Court.
UGCrR 6.1.1
TRIAL BY JURY
(1) Any case confirmed for jury trial at the status hearing
shall remain set for a jury trial, unless the Clerk of the
Court is advised by the parties that the jury panel need not
be summoned or that the jury panel may be called off.
(2) At the time of the status hearing, the Court will set a
specific date and time by which the parties can advise the
Clerk that the jury panel need not be summoned.
(3) Otherwise, in any case confirmed as a jury trial and
not proceeding to a jury trial, whether by entry of a plea
or otherwise, terms, including costs for an unused jury
panel, costs incurred in summoning a jury panel and witness
fees, may be imposed by the Court.
UGIR 2.4
RESPONSE TO NOTICE
(1) Written responses either contesting or mitigating an
infraction shall be permitted, provided such statement shall
be either notarized or certified in the manner provided in
IRLJ 2.4(b)(4).
(2) Upon request of the defendant, the clerk shall provide
information so that the defendant may comply with this
requirement, in substantially the following form:
"You have requested a hearing on your written statement ( )
contesting ( ) mitigating an infraction. Under the Court
rules, your statement must bear the following language: "I
hereby certify under penalty of perjury of the laws of the
State of Washington that the foregoing is true and correct."
Sign and date the statement and note next to your signature
the place where you signed it; i.e. Yakima WA, Seattle WA
etc. Your statement must also contain your written promise
to pay the monetary penalty that may be imposed if the
infraction is found to be committed.
YOUR RESPONSE MUST BE POSTMARKED BY:________TO BE CONSIDERED.
UGIR 2.6
SCHEDULING OF HEARINGS
(1) Hearings on infractions may be scheduled at the same
time as hearings or trials on criminal matters arising out
of the same occurrence. Multiple infractions arising out of
the same occurrence may be heard at the same time, whether
denoted as mitigation or contested.
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