Superior Court Statistical Reporting Manual

ct8held

7. PROCEEDINGS HELD

A proceeding is a matter held in open court with at least one of the parties present in a case which is actually heard (i.e., oral argument or testimony is given), other than an ex parte action. Ex parte hearings held in open court where oral argument or testimony is given should be recorded as proceedings. See Ex Parte Actions on page 8-13.

An adjudicatory hearing is a contested proceeding conducted by a judge or commissioner to determine the guilt or innocence of a juvenile respondent. An adjudicatory hearing is distinguished from other proceedings based on the following criteria.

(1) Both parties are present or represented,

(2) Issues are contested as demonstrated by the opening argument being made, waived, or reserved.

A proceeding should be recorded with a proceeding-held docket code entry on the day the proceeding commences. For a multi-day proceeding (i.e., a non-adjudicatory hearing or adjudicatory hearing conducted on two or more days), record the proceeding-held docket code only on the first day.

Each proceeding is counted in the offense reporting category that corresponds to the most serious charge current at the time the proceeding was held.

A case reopened is treated like any other case when scheduling a proceeding or docketing a proceeding that has occurred. The definition for a reopened case is discussed on page 8-7.

Recording Proceeding Time - The use of sub-docket codes to record the length of proceeding times is a local option, and does not affect caseload statistics. For information on recording proceeding time, see the proceedings-held section of the Guide to Docketing in Washington State.

Multiple Proceeding Types - For any given case, a single session of the court can result in the occurrence of one or more proceedings. When multiple proceedings are held during a given court appearance, the Case Management Advisory Committee (CMAC) decided that the single proceeding category which best reflects the nature of the appearance should be recorded. The Superior Court Statistics/Codes Committee adopted rules for selecting the most appropriate category to be reported. These rules will be fully implemented when the Courts Automated Proceedings (CAPS) computer application is available. However, partial implementation of these rules is now possible because of the adoption of the ARGPSH and ARGPOH proceeding-held codes discussed below.

When multiple proceedings are held during a single court appearance for a given case, docket in accordance with the following rules.

    (1) If, at the first arraignment hearing, the defendant enters a plea of guilty, and that plea is processed but no sentencing occurs during the same court session record "ARGPOH” (arraignment and guilty plea hearing). Also record “ARGPOH” if, at the first arraignment hearing, the defendant declines to contest the charges by way of an Alford plea.

    (2) If, at the first arraignment hearing, the defendant enters a plea of guilty, and sentencing occurs during the same court session record "ARGPSH” (arraignment, guilty plea, and sentencing hearing). Also record “ARGPSH” if the court accepts an Alford plea and sentences the defendant at the initial arraignment.

(3) Docket each type of proceeding held during a single session of the court only once. For example, even if multiple motions are made during a proceeding, docket only one motion hearing ("MTHRG").

(4) Do not docket a motion hearing ("MTHRG") through an adjudicatory hearing duration.

Consolidated Cases or Multiple Juvenile Respondents - Juvenile offender cases may be consolidated for a hearing or several co-respondents may be involved in a single court session. For proceedings involving consolidated cases or multiple co-respondents, record the appropriate proceeding-held code(s) for each case or respondent in order to maintain the legal docket record.

PROCEEDING CATEGORIES - Definitions for these proceeding categories are given below. For each category all applicable SCOMIS proceeding-held docket codes are given in parentheses. Only docket codes shown here (also found in the juvenile offender proceeding-held section of the Guide to Docketing in Washington State) will be included in juvenile offender proceeding statistical counts on the caseload report.

7.A. PRELIMINARY APPEARANCE (PLMHRG)

Any hearing held (1) prior to case filing involving issues of detainment in jail or court-authorized conditions of release, or (2) after filing of an information, but prior to arraignment, to advise the respondent of charges, penalties, and rights to counsel.

7.B. DETENTION HEARING (DETHRG)

A hearing before the court to determine whether probable cause exists to detain a juvenile.

7.C. DECLINATION HEARING (DECHRG)

A hearing before the court to determine whether a juvenile should be transferred by order to adult court for all subsequent proceedings.

7.D. INITIAL ARRAIGNMENT (ARRAIGN)

A separate hearing held in open court that consists of the first arraignment in a case (i.e., stating the substance of the charge, and advising the defendant of his or her rights for the purpose of allowing the defendant to enter a plea).

Only the first or initial arraignment hearing should be recorded with this code. "ARRAIGN" should not be used for subsequent arraignments held. Any subsequent arraignment held should be recorded as "NGPH" (not guilty plea hearing), "GPOH" (guilty plea only hearing), "ALFHRG" (Alford hearing), or "GPSH" (guilty plea and sentence hearing). If the charges are read but the defendant does not enter a plea at that time, record the hearing as a "MTHRG" (motion hearing).

Note that if an initial arraignment and a guilty plea occur during a single court session, then docket “ARGPOH.” If sentencing also occurs, then docket “ARGPSH.” See items 7.J and 7.R below.

7.E. OTHER PRE-RESOLUTION HEARING

Status Conference (STAHRG) - A status conference is a hearing before the court to determine the condition or state of a case, generally occurring at the midpoint in the life of a case.

Motion Hearing (MTHRG) - A motion hearing is a proceeding before the court for an order to set forth specific relief as requested.

Pre-Trial Management Hearing (PTMHRG) - A hearing whereby the court considers compliance with discovery and motion deadlines, attempts to frame issues of fact and law for trial, sets a briefing schedule, and makes further rulings as necessary, including the determination of readiness for trial.

Warrant Identification Hearing (WID) - A hearing at which a defendant is identified on a bench warrant arrest and at which conditions of release are determined. It should not be confused with the issuing of a warrant. It should also not be confused with the PLMHRG code used for hearings on new arrests or original warrants.

Status conferences, motion hearings, and warrant identification hearings held prior to or on the same day as case resolution are counted as "other pre-resolution" hearings.

7.F. EVIDENTIARY HEARING (EVIHRG)

A hearing to determine the admissibility, relevancy, weight, and sufficiency of evidence before the court; includes 3.5 and 3.6 suppression hearings.

7.G. NOT GUILTY PLEA HEARING (NGPH)

Any subsequent arraignment hearing held in open court in which a juvenile respondent enters a plea of not guilty to the amended information filed. Do not use this code if a guilty plea is entered on any one of the amended charges. Use "ARRAIGN" (initial arraignment) if the respondent is arraigned with the original information.

7.H. CONTINUED PROSECUTION HEARING (CTOPHRG)

A hearing in which a respondent accepts court supervision with specific conditions of behavior resulting from a continued order of prosecution.

If prosecution is resumed following non-compliance with a continued prosecution agreement, record the hearing(s) under the type(s) of proceeding(s) held (e.g., guilty plea only hearing, Alford hearing, guilty plea and sentencing hearing, adjudicatory hearing, adjudicatory and sentencing hearing, sentencing hearing, or dismissal hearing).

Continued prosecution (deferred adjudication) for juvenile offenders (RCW 13.40.125) was repealed effective July 1, 1997. Continued prosecution hearings, therefore, should not be docketed in juvenile offender cases involving charges with violation dates after July 1, 1997. Chapter 13.40 (RCW 13.40.127) was amended to provide for deferred dispositions with juvenile offenders. Deferred disposition agreements are established during adjudicatory hearings (ADJHRG). Do not use the CTOPHRG code with deferred dispositions.

7.I. GUILTY PLEA ONLY HEARING

Guilty Plea Only Hearing (GPOH) - A hearing or subsequent arraignment in which a defendant formally admits guilt, and the court accepts the plea and finds the defendant guilty but does not impose a sentence. If a guilty plea only hearing occurs with an initial arraignment, docket "ARGPOH"(arraignment and guilty plea hearing). If the court also sentences the defendant during this session, docket “ARGPSH” (arraignment, guilty plea, and sentencing hearing).

Alford Hearing (ALFHRG) - A hearing in which a defendant formally declines to contest charges by way of an Alford plea (i.e., does not plead guilty but admits the evidence is sufficient for a likely finding of guilt), and the court accepts the plea. If an Alford hearing occurs with an initial arraignment, docket "ARGPOH"(arraignment and guilty plea hearing). If the court also sentences the defendant during this session, docket “ARGPSH” (arraignment, guilty plea, and sentencing hearing).

7.J. ARRAIGNMENT AND GUILTY PLEA HEARING (ARGPOH)

    If, at the first arraignment hearing, the defendant enters a plea of guilty, and that plea is processed but no sentencing occurs during the same court session record "ARGPOH” (arraignment and guilty plea hearing). Do not record separate arraignment and guilty plea only hearings in this instance.

    Also record “ARGPOH” if, at the first arraignment hearing, the defendant declines to contest the charges by way of an Alford plea.

7.K. GUILTY PLEA AND SENTENCING HEARING (GPSH)

A hearing in which a defendant formally admits guilt, is convicted, and the sentence is imposed. If a guilty plea and sentencing occurs with an initial arraignment, docket “ARGPSH” (arraignment, guilty plea, and sentencing hearing).

7.L. DISMISSAL HEARING (DSMHRG)

A hearing before the court in which the case is dismissed.

7.M. STIPULATED ADJUDICATORY HEARING (STRIAL)

A hearing at which issues of fact and law are to be determined by the judicial officer’s review of the previously stipulated facts when a defendant fails or opts out of a drug court program or fails to satisfy the conditions of behavior specified in a continued prosecution agreement. The determination of guilt and sentencing may occur at a stipulated trial. Unlike adjudicatory hearings, however, stipulated trials do not involve arguments by attorneys, the testimony of witnesses, or the presentation of evidence.

7.N. ADJUDICATORY HEARING BY AFFIDAVIT (AFTRIAL)

An adjudicatory hearing in which the issues of fact and law are to be determined by the judicial officer of a court or competent jurisdiction based on the agreed statement of facts contained in one or more affidavits.

7.O. ADJUDICATORY HEARING (ADJHRG)

An adjudicatory hearing (trial) in which the issues of fact and law are to be determined by the judicial officer of a court of competent jurisdiction; sentencing occurs in a subsequent proceeding. Record an adjudicatory hearing when the first witness is sworn, the first piece of evidence is presented, or when opening argument is made, waived, or reserved, whichever comes first. Do not docket any motion hearings through the adjudicatory hearing duration.

To document the number of days and length of time per day in a multi-day adjudicatory hearing, see Recording Proceeding Time, page 8-14.
7.P. ADJUDICATORY AND SENTENCING HEARING (ADSNHRG)

An adjudicatory hearing (trial) in which the issues of fact and law are to be determined by the judicial officer of a court of competent jurisdiction, and in which the respondent receives the sentence imposed. Record an adjudicatory and sentencing hearing when the first witness is sworn, the first piece of evidence is presented, or when opening argument is made, waived, or reserved, whichever comes first. Do not docket any motion hearings through the adjudicatory and sentencing hearing duration.

To document the number of days and length of time per day in a multi-day adjudicatory hearing, see Recording Proceeding Time, page 8-14.

7.Q. SENTENCING HEARING (SNTHRG)

A hearing in which a convicted juvenile respondent receives the sentence imposed.

7.R. ARRAIGNMENT, GUILTY PLEA, AND SENTENCING HEARING (ARGPSH)

If, at the first arraignment hearing, the defendant enters a plea of guilty, and sentencing occurs during the same court session record "ARGPSH” (arraignment, guilty plea, and sentencing hearing). Do not record separate arraignment, guilty plea, and sentencing hearings in this instance.

Also record “ARGPSH” if the court accepts an Alford plea and sentences the defendant at the initial arraignment.

7.S. FINANCIAL REVIEW HEARING (FNRHRG)

A hearing to monitor a convicted juvenile respondent's performance in complying with legal financial obligations.

7.T. SENTENCE CONDITIONS VIOLATION HEARING (SCVHRG)

A sentence conditions violation hearing is to seek a modification or revocation of an existing sentencing order, or to consider additional penalties for the violation(s).

7.U. OTHER POST-RESOLUTION HEARING

A hearing occurring after all charges were previously resolved.

Motion Hearing (MTHRG) - A motion hearing is a proceeding before the court for an order to set forth specific relief as requested.

Review Hearing (RVWHRG) - A review hearing is a proceeding to monitor a convicted juvenile respondent's performance in meeting non-financial sentence obligations.

Warrant Identification Hearing (WID) - A hearing at which a defendant is identified on a bench warrant arrest and at which conditions of release are determined. It should not be confused with the issuing of a warrant. It should also not be confused with the PLMHRG code used for hearings on new arrests or original warrants.

Motion hearings, review hearings, and warrant identification hearings held after the case resolution date are counted as "other post-resolution" hearings.

7.V. NON-CHARGE RESOLUTION HEARING (NCHRG)

A non-adjudicatory hearing that leads to the final resolution of all non-charge related issues (e.g., motion hearing leading to a non-charge case resolution).


 

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