CrR 1.3 - Effect

• Proposed Changes to CrR 1.3 - Effect (in Word Format)
• No comments are available at this time.

GR 9 COVER SHEET

Suggested Amendments to

SUPERIOR COURT CRIMINAL RULES (CrR)

CrR 1.3 - EFFECT

A. Name of Proponent:

William D. Pickett, President, Washington State Bar Association

B. Spokesperson:

Jefferson Coulter

Chair of Court Rules and Procedures Committee

NW Justice Project

1702 W. Broadway Ave.

Spokane, WA 99201 (Phone: 509-324-9128)

Staff Liaison/Contact:

          Nicole Gustine, Assistant General Counsel

          Washington State Bar Association (WSBA)

          1325 Fourth Avenue, Suite 600

          Seattle, WA 98101-2539 (Phone: 206-727-8237)

C. Purpose:

The proposed amendment is intended to clarify the rule and be consistent with case law. The Criminal Rules were first enacted in 1973, and subsection (a) was designed to provide continuity in procedure for cases pending on the date the rules first became effective. As that is no longer a concern, the proposed amendment would eliminate the language about what rules apply in which situation. This would make the language consistent with case law that new criminal rules apply to pending cases, regardless of when the case began, unless the court finds the interest of justice would be served by adhering to the prior formulation. State v. Matlock, 27 Wn. App. 152, 157, 616 P.2d 684 (1980); State v. Olmos, 129 Wn. App. 750, 757, 120 P.3d 139 (2005). The language of the rule still gives a court the authority to apply the prior rules of procedure “in the interests of justice.”

The committee received no stakeholder feedback about these suggested amendments.

The proposed revisions were circulated widely to the Washington State Bar Association’s (WSBA) list of stakeholders, including representatives from the Supreme Court, the three Courts of Appeal, the Superior Court Judges Association, and the District and Municipal Court Judges Association; specialty bars (the Washington Defense Trial Lawyers, Washington Association for Justice, Northwest Justice Project, Washington Association of Criminal Defense Lawyers, Washington Appellate Lawyers Associations, International Association of Defense Counsel, Washington Association of Prosecuting Attorneys, Washington State Association of Municipal Attorneys, Public Defenders Association, American Civil Liberties Union of Washington, Columbia Legal, and section leaders for the WSBA’s sections); and local and minority bar associations.

D. Hearing: A hearing is not requested.

E. Expedited Consideration: Expedited consideration is not requested.