GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED AMENDMENT TO CrRLJ 3.4

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 rule changes include moving definitions to ARLJ 3 for ease of use, changing the word “presence” to “appear” in section (e), correcting the spelling or the word “appearance” in section (e) and changing the definition of the word “appearance” to include additional information regarding stays pursuant to RCW 10.77.

Defense counsel felt strongly regarding the inclusion of language regarding counsel’s representations for a client with pending challenges under RCW 10.77. It is reasonable that an attorney not affirm that their client has waived the right to be present when a

10.77 evaluation is pending. If the client lacks capacity to understand, the client may not have the capacity to waive those rights. The workgroup agreed that it was something to be included in the rule.

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.

5.     Is a Public Hearing Recommended? No.