North Bonneville Municipal Court

		
		
                                    Rule 4
                    Municipal Court Criminal Justice Rules


Purpose and Construction:  These rules are intended to provide for the just
determination of every criminal proceeding.  They shall be construed to secure
simplicity in procedure, fairness in administration, effective justice, and the
elimination of unjustifiable expense and delay.  These rules are constructed to
supplement and not to supplant the Criminal Rules for Courts of Limited
Jurisdiction (CrRLJ).

    1)  Bail Schedule

    The Court may periodically publish a bail schedule which will include any bail
schedule and penalty schedule promulgated by the Supreme Court of the State of
Washington.  Said bail schedule shall be provided to law enforcement agencies
within the jurisdiction of the Municipal Court.

    2)  Bail

    Misdemeanor bail shall not be combined with felony bail.  If cash funds are
received, it shall be kept separate.  If a bail bondsman posts bail it shall be
with separate bonds for the charged offenses.  If someone other than the
defendant posts cash funds as bail, it will be necessary to obtain the correct
name and address of the posting party to be provided to the Municipal Court
with the bail.

    3)  Bail Forfeiture

        a)  Should the defendant fail to appear as directed by the Court, bail
forfeiture shall be immediately issued.  The bail bondsman shall have 60 days
to locate the defendant and if the bondsman presents the defendant to the Court
before 60 days have elapsed, the bail forfeiture can be rescinded for cost.
The cost shall be $100.00 for failure to appear at arraignment, pre-trial or
sentencing proceeding; $200.00 for failure to appear for trial; or $300.00 for
failure to appear for jury trial.

        b)  Should the permitted 60 days elapse and the defendant has not been brought
before the Court, the bond becomes due and payable immediately.

        c)  Should the defendant fail to appear as directed by the Court, bail
forfeiture shall be immediately issued for any cash funds bail posted by the
defendant or any party posting same on behalf of the defendant.

    4)  Pre-Trial Release

        a)  The arresting officer shall list on the criminal citation for any
defendant, whether or not that person is detained at the jail for a misdemeanor
or gross misdemeanor.

        b)  The arresting officer shall prepare a sworn statement for the Court
describing probable cause for criminal charge for which the defendant has been arrested.

    5)  Arraignment

        a)  The arraignment date and time shall be written on the criminal citation by
the arresting officer.  The date of arraignment shall be no later than 14 days
post-arrest date.  Should the officer fail to put an arraignment date and time,
the Court will set the arraignment date and notify the defendant through the
mail.  The arraignment shall consist of:

            i)   The defendant's true full name, residential address and mailing address,
                 ties to the community, employment status and past criminal history

            ii)  Advise the defendant of the nature of the charges and the maximum
                 penalties that may be imposed upon a finding of guilt

            iii) Advisement of all rights

            iv)  Advisement of right to legal counsel and determination of indigence

            v)   The setting of bail and release conditions

            vi)  Attorneys at law, admitted to practice in the State of Washington, may
                 enter a notice of appearance and plea of not guilty in writing on all cases
                 filed in the Municipal Court

    6)  The Right to Assignment of Counsel

        a)  Unless waived by the defendant, legal counsel shall be provided to any
person who is financially unable to obtain one without causing substantial
financial hardship to themselves for family and pursuant to standards published
by the State of Washington.

        b)  If at any time it appears that a person has retained private counsel, has
funds sufficient to do so, or is otherwise not eligible for defense services,
the appointed attorney may notify the Court and ask it guidance.

        c)  Conversely, it appears that counsel previously retained by a person has
withdrawn, or that a person thought to have funds sufficient to obtain private
counsel is not in fact able to do so, than the Court shall make a re-determination
of eligibility for appointed counsel.

        d)  Unless a written notice to withdraw is approved by the Court, defendant's
attorney must appear at all subsequent Court dates, including post conviction
reviews. If the defendant's attorney fails to appear at any hearing, the Court
may impose terms and any other conditions authorized by law.

    7)  Pre-trial Conference

        a)  The pre-trial conference shall be set by the Court and used for the following purposes:

            i)   Pre-trial hearings shall be within 30 days of defendant's first appearance

            ii)  File any pre-trial motion

            iii) Negotiation for plea-bargaining purposes

            iv)  File petition for deferred prosecution

            v)   Submit a change in plea

            vi)  All pre-trial motions shall be in writing

            vii) To dispose of the case in any other manner

    8)  Witness - Process - Subpoena

    If a witness in criminal matters is to be subpoenaed, shall be requested by
either party and presented to the Court for signature.

    9)  Status conference

        a)  Status conferences shall be set by the Court for the following purposes:

            i)   Defendant and counsel shall appear and failure to appear without just
                 cause shall result in the issue of warrant

            ii)  The purpose of the status conference is to present witness lists to the
                 Court, resolve all issued, determination of jury trial, bench trial, plea
                 offering, or other resolution matters

            iii) The Court shall set trial date

    10)  Reimbursement of Attorney Fees.

        a)  The Court shall determine, on information presented by accused of
defendant's ability to partial to pay appointed attorney fees.

        b)  A person found to be partially eligible for defense services shall be
required to make reimbursement to the Court as agreed at the time of adjudication.

        c)  Any defendant who is placed on probation may be required to reimburse the
city for all or part of the costs of appointed counsel.

        d)  In no case shall appointed counsel set or attempt to obtain personal
reimbursement for the costs of defense services.

        e)  If reimbursement is part of an order of probation, failure to make payment
by the defendant could be sufficient to be a violation of probation.

        f)  The appointed counsel's representation of a client shall include the
ability to oppose an order of the Court requiring reimbursement for defense
services, provided there are arguable legal grounds for such opposition.

    11)  Jury instructions

        a)  Time of submission shall be by 8:00 am the morning prior to trial and an
additional set shall be served upon the opposing party.

    12)  Trials

        a)  Trial briefs shall be filed no later than two days before trial.

        b)  Any motions filed on the date of trial shall begin at 8:15 am and jury
trial shall begin at 8:30 am.

        c)  Should the Court rule in a manner that requires a continuance of the trial
on the morning of the trial, the Court shall assess the costs of the jury
against the attorney who the Court finds, in it's discretion, has failed to
properly recognize, note or resolve the issues at the pre-trial hearing.

        d)  Return of exhibits in a criminal case will be returned to the party who
produced that exhibit for identification. The return shall be made upon written
application, following termination of the time for appeal. Exhibits not
requested to be returned during that period by the producing party may be
delivered by the Court to the local police authority for disposition by law as
abandoned property; or if contraband, for destruction. No exhibit shall be
delivered without being receipted for by the receiving party.