GR 9 COVER SHEET

Suggested Amendment to

CRIMINAL RULES FOR SUPERIOR COURTS, CrR 3.4

PRESENCE OF THE DEFENDANT

 _____________________________________________________________________

A.        Name of Proponent:           

Superior Court Judges’ Association (SCJA) Criminal Law and Rules Committee.

B.        Spokesperson:                   

Laura M. Riquelme

SCJA Criminal Law and Rules Committee, Chair

Skagit County Superior Court Judge

C.        Purpose:

On February 1, 2021, CrR 3.4 was amended pursuant to Order No. 25700-A-1319 upon the suggestion of the Washington Defender Association. Subsections pertaining to Videoconference Proceedings (subsection (e)) and Videoconference Proceedings under chapter 10.77 RCW (subsection (f)) were unchanged in this most recent amendment to CrR 3.4. The Superior Court Judges’ Association (SCJA) suggests a robust update to CrR 3.4(e) and (f).  

The COVID-19 pandemic forced our courts to implement better infrastructure for remote proceedings.  CrR 3.4 should be updated to utilize this technology while also establishing standards for conducting remote hearings.  The SCJA recognizes that fewer required physical appearances for defendants would likely lead to fewer missed court dates and warrants. This reduction should decrease daily court congestion and allow for a more expeditious case resolution while improving access to justice. 

The FOURTH REVISED AND EXTENDED ORDER REGARDING COURT OPERATIONS, Order No. 25700-B-646, was used as a foundation to develop the suggested amendments. These suggested amendments are necessary for fair administration of justice in a postpandemic Washington State.

The suggested amendments address issues such as standards for audio and video quality, the use of electronic signatures, access to interpreters, and visibility of the public during a remote proceeding. The same safeguards suggested in subsection (e) are suggested for Remote Proceedings under chapter 10.77 RCW in subsection (f).

D.        Hearing:

The proponents do not believe a public hearing is needed.

E.        Expedited Consideration:

The proponents believe exceptional circumstances justify expedited consideration of the suggested amendment to CrR 3.4(e) and (f) and request that the Rules Committee proceed to an abbreviated comment period.