General Orders of Division III

In Re the Matter of Court Administration Order: Procedures for Transfer of APA and LUPA Appeals from Superior Court to The Court of Appeals

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

     WHEREAS, the Court of Appeals recognizes the extraordinary backlog in Superior Court cases caused by the COVID-19 pandemic; and

     WHEREAS, on May 13, 2021 the Governor signed Senate Bill 5225, facilitating the transfer and certification of direct appeals to the court of appeals for cases brought under the Administrative Procedure Act (APA) and the Land Use Petition Act (LUPA); and

     WHEREAS, Senate Bill 5225 was enacted as an emergency measure and takes effect 30 days after it is signed into law; and

     WHEREAS the current Rules of Appellate Procedure do not account for the transfer and certification process contemplated by Senate Bill 5225;

     AND WHEREAS Rule 1.2(c) of the Rules of Appellate Procedure permits the appellate court to waive or alter the provisions of the Rules of Appellate Procedure in order to serve the ends of justice.

IT IS HEREBY ORDERED:

     Effective June 14, 2021, the Court of Appeals will accept APA or LUPA appeals that have been ordered transferred to the Court of Appeals by the Superior Court pursuant to Senate Bill 5225. Cases that have been transferred to the Court of Appeals under SB 5225 shall be treated as direct appeals. Transfer shall occur administratively, between the superior court and the governing division of the court of appeals.

     A party contesting a superior court's order denying transfer of an APA appeal shall follow the procedures for discretionary review set forth in RAP 5.2 and 6.2. A party contesting a superior court's order granting transfer of an APA appeal shall file a motion with the court of appeals within 15 days of the order granting certification. The motion shall explain the basis for the objection and shall be governed by the procedures set forth in Title 17 of the Rules of Appellate Procedure.

     To the extent the existing RAP 6.3 is inconsistent with the terms of this General Order, the General Order shall control.

     Unless superseded by court rules or a further general order, this general order shall expire on July 1, 2026.

DATED this 7th day of June, 2021

FOR THE COURT:

David S. Mann, Chief Judge
Division I

Linda CJ Lee, Chief Judge
Division II

Rebecca L. Pennell, Chief Judge
Division III