GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED AMENDMENT TO CrRLJ 3.3

1.     Proponent Organization: BJA Remote Proceedings Work Group

2.     Spokesperson & Contact Info:

Judge Angelle Gerl, Co-Chair BJA Remote Proceedings Work Group – CLJ level Email: AGerl@cawh.org

Phone: (509) 244-2773

3.     Purpose of Suggested Rule Amendment

Proposed amendments to the rule include removal of the definition of “appearance” which is now in ARLJ 3, changing the word “presence” to “appearance” in (c)(2)(ii), changing “presence” to “remote or physical appearance” in section (f)(1), changing the word “in” to “by” in section (d)(1), and changes to the resetting of the commencement date in section (c)(2)(ii).

The changes to this rule assist in facilitating remote proceedings and continuances. The changes work in conjunction with CrRLJ 3.4, ARLJ 3 and ARLJ 15. There was much discussion and debate regarding section (c)(2)(ii) regarding speedy trial and resetting of commencement dates. The question centered around whether an appearance through counsel should reset a commencement date for speedy trial. The group came to the consensus that the commencement date could be reset by “the defendant’s next physical appearance, remote appearance, or appearance through counsel in the court’s discretion.” This rule was ultimately approved unanimously after extensive editing by the workgroup.

4.     Is Expedited Consideration Requested?

Yes. Expedited consideration is essential. The Supreme Court Emergency Order will be lifted soon and some form of amended or new rules addressing remote proceedings should be passed before the Order is lifted.

(1)     Is a Public Hearing Recommended? No.