Misdemeanor Judgment and Sentencing Forms
Memorandum Regarding Usage
June 16, 2006
| TO: | District Court Administrators, Municipal Court Administrators, Prosecuting Attorneys, Defense Attorneys, and Law Libraries
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| FROM: | Merrie Gough, Legal Analyst
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| SUBJECT: | MISDEMEANOR JUDGMENT AND SENTENCING FORMS INFORMATION REGARDING CrRLJ 7.2 AND 7.3* AND NOTES ON USAGE
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The Misdemeanor Judgment and Sentence forms and the Supplemental Record of Sentencing Proceedings are prescribed by the Administrative Office of the Courts and the Washington Pattern Forms Committee pursuant to CrRLJ 7.2 and 7.3. Each judgment and sentence form has a companion Rights, Conditions and Warnings document. The courts must keep both the judgment and sentence form and the supplemental record of sentencing proceedings in perpetuity. Courts connected to DISCIS may keep electronic records on DISCIS.
Courts are encouraged to modify the judgment and sentence form and supplemental record to conform to the custom and practice of the court. However, all of the elements of the prescribed forms must appear in either the modified judgment and sentence form or the modified supplemental record.
The elements that must be kept in perpetuity pursuant to CrRLJ 7.3 are:
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(a) |
Defendant’s name; |
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(b) |
Defendant’s ID numbers; |
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(c) |
The charge, as well as any amendments to the original charge; |
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(d) |
Arraignment date; |
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(e) |
The plea, and date entered; |
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(f) |
Representation by or waiver of lawyer, as well as date of lawyer’s appearance or waiver; |
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(g) |
The parties present, including but not limited to the judge, attorneys, prosecutor, defense counsel, witnesses; |
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(h) |
Verdict or findings, and the date entered; |
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(i) |
Adjudication and sentence, and the date entered; |
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(j) |
Conditions or requirements of the sentence, including but not limited to a specified schedule for the payment of a fine, restitution, or other costs, performance of community service, counseling or treatment; |
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(k) |
The outcomes of any hearings held on the case, including but not limited to noncompliance hearings reviews. |
NOTES ON USAGE:
Practice point: Please be aware that violations of RCW 46.61.5249, RCW 46.61.500, and RCW 9A.36.050 require verification of the defendant’s criminal history and driving record if they are knock downs from charges originally filed as violations of RCW 41.61.502 and RCW 41.61.504. Courts may write in the violation on line 2 of the caption on the DUI Judgment and Sentence Form and use that form. Or, courts may use the generic form with the following language added to the first paragraph (as in the DUI Judgment and Sentence Form): “…and the court verified the defendant’s criminal history and driving record and made findings orally or as follows:
_______________________________________________________________.”
If you have any questions or comments, please contact me at (360) 357-2128, or merrie.gough@courts.wa.gov, or at the address on this memorandum.
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| Disclaimer |
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If you choose to use a form as provided here in Word 6.0/97 format, please be advised that the appearance, page breaks, margins, fonts, and other aspects of the document that you prepare based on the form will be affected, and may be altered, by the version of Word or another word processor you use and by the printer you use. Please be sure that the completed document conforms with all rules governing acceptable document formats, particularly those stated in General Rule (GR) 14. This includes but is not limited to the requirement that writing/printing shall appear on one side of the page only. See the Model form for an example. |
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