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WAPATO MUNICIPAL COURT
LOCAL COURT RULES
Table of Rules
WMLAR 1.1 Preamble
WMLAR 1.2 Citation
WMLAR 1.3 Place of Court
WMLAR 1.4 Sessions
WMLAR 1.5 Order of Docket
WMLAR 1.6 Office Hours
WMLAR 1.7 Probation Department
WMLAR 1.8 Judges Pro Tempora
WMLAR 9 Disclosure of Records
WMLAR 11 Forms
Rules for Appeal
WMLRA 6.3 Transcription or Copies Recording
Civil Rules
WMLCR 1A CRLJ Adopted
WMLCR 4.0 (g) Forms
WMLCR 8.1 (c) Limitation of Applicability
Criminal Rules
WMLCrRLJ 3.1 Withdrawal of Lawyer
WMLCrRLJ 3.2 Release of Accused
WMLCrRLJ 3.3 Time for Trial
WMLCrRLJ 3.4 Mandatory Appearance
WMLCrRLJ 3.6 Suppression Procedure
WMLCrRLJ 4.1 Arraignment
WMLCrRLJ 4.2 Pleas
WMLCrRLJ 4.7 Discovery
WMLCrRLJ 4.11 Status Conference
WMLCrRLJ 6.1 Restitution
WMLCrRLJ 6.1.1 Trial by Jury
Infractions
WMLI.2.4 Response to Notice
WMLI.2.6 Scheduling of Hearings
WMLI.2.7 Deferred Finding
WMAR 1.1
PREAMBLE
These local rules for Criminal matters, Infractions and Appeals 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 CrRLJ, ARLJ, CRLJ, and IRLJ.
WMAR 1.2
CITATION
These Rules should be cited as WMAR, WMCrR, WMCR, or WMIR
WMAR 1.3
PLACE OF COURT
Unless otherwise ordered, the court shall sit in the Courtroom of the Wapato
Law and Justice Center at 205 S. Simcoe Ave, Wapato, Washington. The clerk's
office shall be at the Wapato Law and Justice Center, 205 S. Simcoe Ave.
Wapato, Washington.
WMAR 1.4
SESSIONS
Regular Court sessions shall be held every Monday afternoon for In Custody
matters along with out of custody, Arraignment, Mitigation, Contested and
Probation Violations and the first and third Thursday of the month for
pre-trial and bench trials. Holidays and Court Holidays excluded.
WMLAR 1.5
ORDER OF DOCKET
(a) During sessions, the docket shall proceed according to the calendar posted
and available from the clerk of the Court, except as modified from time to time
by the court or except as provided by WMLAR 1.5 (b).
(b) Unusually complicated or lengthy trials and hearings may be specially set
by the Court so as to expedite the matter and minimize the impact of the
regular business of the Court. Parties in such cases may move the Court for a
special setting, which motion shall be heard upon written affidavits, or may be
granted upon the stipulation of the parties, The court may, sua sponte,
schedule a special setting for a matter.
(c) Civil matters, other than infractions, shall be set as special settings,
provided that no civil trial or hearing shall be set absent full compliance
with CRLJ 40.
(d) For good cause shown, the Court may set any matter at other times and days.
WMLAR 1.6
OFFICE HOURS
The Clerk's Office shall be open Monday through Friday {except legal holidays}
from 8:00 AM to 1:00 PM and from 2:00 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.
WMLAR 1.7
PROBATION DEPARTMENT
The Court shall contract with Yakima County Probation Services to provide
services in all matters requiring supervision of defendants. The department
shall be staffed with a full time probation officer and assistants as may be
deemed necessary.
WMLAR 1.8
JUDGES PRO TEMPORE
Except as limited by statute, Judges Pro Tempore shall have the authority of
a regular Judge during regular Court sessions for which he or she is appointed.
WMLAR 9
DISCLOSURE OF RECORDS
(g)(1) The following records and files are deemed confidential:
a. Affidavits, transcriptions or electronic records for search warrants prior
to the return of service of such warrant;
b. Pre-sentence or after-sentence investigation reports;
c. Mental health, psychiatric and medical reports and records;
d. Alcohol, drug and controlled substance evaluations;
e. Deferred Prosecution Petitions and Stipulations
f. Certified copies of driving and criminal records unless duly admitted
into evidence; and
g. Judge's notes and working documents, whether written or electronic.
(g)(2) Access to confidential records is strictly limited to persons or
entities authorized by statute or Court order to obtain such records.
(g)(3) Requests for access to Court Records shall be made in writing on
the form provided by the court, and shall be granted or denied only by the
judge, who shall state reasons for denial in writing.
(g)(4) Costs of copying and transcription shall be borne by the person or
entity requesting any copies. Unless otherwise ordered by the Court, copy
costs shall be $.15 per page and $5.00 for certification of requested
document.
(g)(5) Copies of Audio Court Proceedings shall be $20 per CD.
(g)(65) No documents or electronic data may be removed from the court
office, chambers, court room, or probation department, except for storage,
without prior written order of the Court.
WMLAR 11
FORMS
The Court may require pleadings, written motions, petitions or orders to be in a
prescribed form and style or submitted on preprinted forms provided by the Court.
WMLRA 6.3
COPIES OF RECORDING
On appeal, the appellant shall make a written request for duplicates of CD's
of court recording, and shall specify the name and number of the case and
the date of trial. Unless waived by statute, constitutional provision, or
the court, duplicates of CD's and of any log or index thereto shall not be
delivered until full payment of the actual preparation costs as determined
by the Court Administrator.
WMLCR 1A
CRLJ ADOPTED
Except as modified by these rules from time to time, the Washington Civil
Rules for Courts of Limited Jurisdiction shall apply to all civil actions
filed and tried in Wapato Municipal Court.
WMLCR 4.0 (g)
FORMS
All filings pursuant to CRLJ 40 shall be in substantial compliance with
requirements of LCR 40 of the Superior Court of the State of Washington in
and for the County of Yakima, provided that no statement of arbitrability
shall be appended.
WMLCR 8.1 [c]
LIMITATION OF APPLICABILITY
These rules do not apply to civil infractions unless otherwise provided by
WMCR or CRLJ.
WMLCrRLJ 3.1(e)
WITHDRAWAL OF LAWYER
(e) Unless a Notice of Appeal has been filed, an attorney appointed at
public expense shall be deemed automatically withdrawn from representation
thirty days following a final decision of the court as defined in RALJ
without need to file any document with the court.
WMLCrRLJ 3.2
RELEASE OF ACCUSED
(n) Domestic Violence Cases. A defendant arrested on domestic violence
offences shall be detained without bail until arraignment on the next judicial
day. Standard bail for domestic violence cases after arraignment shall be
$1,000, but the court may reduce or increase the amount of bail in an
individual case giving due consideration to the factors specified in CrRLJ 3.2.
(p) In any case where bail has been required, such bail shall not be waived
or reduced without a hearing at which the defendant shall be present.
(r)(i) Cash deposited as bail is presumed to be the property of the accused
regardless of who actually made such deposit. Such bail may be forfeited or
applied to any fines and assessments.
(p)(i) A payor may request a hearing pursuant to these rules by filing a
request in person and in writing with the clerk of the court within 30 days of
the entry of the order forfeiting such bail. Such payor shall have the burden
of proving by a preponderance of evidence that the bail was either unjustly
forfeited or that the funds were neither the property of nor a gift to the
defendant.
(p)(ii) At such hearing, the court may consider written evidence, properly
presented, such as promissory notes or loan statements, but such evidence alone
shall not be deemed decisive.
WMLCrRLJ 3.3
TIME FOR TRIAL
WMCrRLJ 3.3 (h)(3): Any agreed order or stipulation for continuance, or
resetting shall be signed by the parties or their attorneys, prior to
presentation to the judge or commissioner. Unsigned stipulations, agreed
orders for continuance or resetting shall be deemed incomplete and not
entertained by the court.
WMCrRLJ 3.3 (h)(4): Properly prepared agreed orders or stipulations for
continuance or resetting may be granted without hearing, but the clerk shall
make the appropriate docket entry.
WMCrRLJ 3.3 (h)(5): The Court may impose terms for continuance or resetting.
WMCrRLJ 3.3 (k)(1): The Clerk shall set a status conference on each
case set for trial.
WMCrRLJ 3.3 (k)(2): Status conferences shall be set not less than two
weeks prior to this trial date.
WMCrRLJ 3.3 (k)(3): Failure of a defendant to appear at the status
conference shall be grounds for striking the trial date and issuance of a
warrant for defendant's arrest.
WMCrRLJ 3.3 (k)(4): Failure of a defendant to contact counsel prior to
the status conference may result in such terms and attorney's fees as the
court may deem necessary being imposed against the defendant.
WMCrRLJ 3.3 (k)(5): Failure of a defendant to appear at the time and
date scheduled for any mandatory hearing or trial, or appearing after the
time set for the case it shall be considered a failure to appear for speedy
trial purposes, apprehension or subsequent appearance.
WMLCrRLJ 3.4
MANDATORY APPEARANCE
(d) Defendants under the age of eighteen shall be accompanied by a parent or
guardian at the time of arraignment, pre-trial, trial, and sentencing hearings.
The Court may continue proceedings in the case until the presence of the parent
or guardian can be secured, or the Court may waive the presence of the parent
or guardian if satisfied that the minor is capable of understanding the
proceedings and his or her peril.
(e) All defendants must be present at arraignment, status conference,
suppression hearings, trial or other hearings, except the Court may, upon
filing of a written notice of 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 and as provided by WMCrR 4.1, waive
attendance at arraignment, or hearings on motions for continuance.
(f) Without exception, a defendant accused of Domestic Violence and DUI must
be actually present at arraignment, status conferences, suppression hearings,
trial or other hearings.
WMLCrRLJ 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.
WMLCrRLJ 4.1
ARRAIGNMENT
(e)(i) The defendant's personal presence is mandatory when the charging
document states that one or more of the charges involves DUI or domestic
violence. This requirement shall not be waived.
(f) Deferred Prosecution. A petition for Deferred Prosecution and Order
Deferring Prosecution may be considered by the court if it meets the statutory
requirements.
(1) Defendant must include the cause/citation number for each Petition
for Deferred Prosecution and proposed Order Deferring Prosecution for on which
Deferred Prosecution is sought.
(2) Defendant must file copies of all offense reports and related
materials, including, but not limited to, breath test printouts, blood test
results, abstracts of the defendant's driving record, evaluation and treatment
plan at the time the Petition and Order for Deferred Prosecution are filed.
Defendant must file a sufficient number of copies of the aforementioned
documents for the court file of each cause/citation number, probation and
treating agency. Defendant shall also provide copies of the Petition, proposed
Order, evaluation and proposed treatment agency. Defendant shall also provide
copies of the Petition, proposed Order, evaluation and proposed treatment plan
for review by the Prosecuting Authority.
(3) In addition to the statutory conditions and requirements of deferred
prosecution, each defendant shall pay the monitoring assessment to the
Municipal Curt in the amount of $150 plus any other costs related to the case,
All defendants placed on a deferred prosecution will also be placed on five-
year probation: Active Supervised Probation for two years and Monitored
Probation for three years, They will be required to pay the fees for Probation.
Restitution is required as a condition of a deferred prosecution if applicable.
Deferred Prosecution defendants will have ignition interlock installed on all
person vehicles, which they drive, during their period of Active Supervised
Probation. An order will not enter without the written signed contract for
treatment being presented to the Court.
WMLCrRLJ 4.2
PLEAS (1)
A guilty plea may be entered at any time, provided that in cases wherein a
defendant is represented by an attorney, not less than one day actual notice
of such plea shall be given to the city, and provided further that a
defendant may, at any hearing or trial scheduled in the case, enter a plea
of guilty with or without notice.
WMLCrRLJ 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 4 days, or as soon as is reasonably possible, prior to the
date set for trial.
WMLCrRLJ 4.11
STATUS CONFERENCES
(a) The Clerk of the Court shall set a pre-trial status/readiness
hearing for every case set for jury trial. The conference shall be set two
weeks prior to jury trial date. All parties must be in attendance at the
readiness hearing in order to proceed to trial. Should the defendant fail to
appear for the readiness hearing, the trial will be stricken, the F T A will
be noted and a summons will be ordered for the appearance of the defendant.
WMLCrRLJ 6.1
RESTITUTION
Where the court orders that a defendant pay restitution, but does not set an
amount at the time of disposition, a restitution hearing shall be scheduled.
The prosecuting attorney shall file a restitution order with supporting
documentation at the time of the hearing. If the Prosecutor does not file a
restitution order at the time of the hearing, the matter of restitution
shall be deemed waived unless otherwise authorized by the court. If the
defendant does not object, the proposed amount shall be entered as judgment.
Payment of restitution shall be made through the clerk of court unless
otherwise ordered by the court.
WMLCrRLJ 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 instruct counsel that
should there be a settlement the clerk of court must be notified by 3:00
P.M. one day prior to trial which both 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.
WMLIR 2.4
Response to Notice
(b)(5) Written responses to mitigate an infraction or request a deferred
finding, pursuant to RCW 46.63.070 (5), may be permitted
(b)(6) Upon request of the defendant, the clerk shall provide information
so that the defendant may comply with this requirement. The defendant must
respond within fifteen (15) days of the date the infraction was personally
served or within eighteen (18) days of the date the notice was mailed.
Responses by mail must be post marked within 15 days of personal receipt or
18 days of the date the notice was mailed.
(d) An attorney appearing on behalf of a defendant shall file and
serve a written notice of appearance, which notice shall be substantially in
the same form as the notice of appearance in a criminal case.
(e) A request for a speed measuring device expert (SMD) shall be made
in writing and served upon all parties within fourteen (14) days prior to
the contested hearing. The court shall set a hearing to include the SMD
expert in accordance with the SMD expert's schedule.
WMLIR 2.6
SCHEDULING OF HEARINGS
(a)(3) 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.
WMLIR 2.7
DEFERRED FINDINGS ON INFRACTIONS
The clerk of court is authorized to resolve an infraction through a deferred
finding as authorized b RCW 46.63.070 (5). The conditions of a deferred
finding are that the defendant waives their contested/mitigation hearing,
have no deferred findings within the prior seven years, pay an
administrative fee of $150 within 120 days, and within one year complete
defensive driving school and have no other traffic infractions, Successful
compliance with the conditions shall result in a dismissal of the
infraction. Failure of a defendant to comply with any of the terms of the
deferred finding shall result in a finding of committed and assessment of
the original infraction penalty as well as any assessment mandated by the
State. Any monies previously paid shall not be credited toward the penalty
imposed or the assessment. For non-moving violations for a deferred finding
the conditions shall be $150 administrative fee and no violations for a
period of one year. Upon successful completion of the deferred finding the
violation will be dismissed.
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