GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED AMENDMENT TO CrRLJ 7.6

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 to change “shall be present” to “physically or remotely appears, or” and changed the term “present” to “appear.” The purpose of the rule change is to allow for remote appearances at probation hearings. The rule continues to require the defendant’s presence at a hearing either physically or remotely, but also gives the court discretion to permit appearance through counsel. The rule maintains the right to physically appear at all evidentiary hearings, but uses the word “appear” instead of “present” consistent with the other court rule changes and ARLJ 3 definitions.

As the workgroup voted, one group member objected to the “physically or remotely appear” and preferred the term “appear.” The member did not agree with the voted language to create a presumption of physical or remote presence. The proposal was ultimately adopted to be proposed by a majority vote of 5:2 with one prosecutor and one defense attorney voting against the propose language and preferring the language of the current rule which was amended in 2023.

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.