General Orders of Division II

2001-1 In Re the Consideration of Personal Restraint Petitions

     WHEREAS the fair and efficient administration of justice requires a limited alteration in RAP 16.11 to accommodate the consolidation of personal restraint petitions with appeals, and

     WHEREAS CAR 16(c)(7) permits this court to alter and add to the duties assigned to its commissioners under the rules, and

     WHEREAS commissioners are authorized to decide criminal matters under the standards set forth in RAP 18.14,See also State v. Rolax, 104 Wn.2d 129 (1985).

      It is ORDERED that beginning June 18, 2001, if a personal restraint petition is consolidated with an appeal, and that appeal is considered by a commissioner of this court pursuant to RAP 18.14, the commissioner will also consider the merits of the petition. If the commissioner determines that the petition is frivolous, the commissioner shall dismiss the petition. If the commissioner determines that the petition is not frivolous, the commissioner will sever it and refer it to a panel of judges.