GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED AMENDMENT TO IRLJ 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 changing the language addressing appearance through counsel at contested hearings.

During discussions with the group, there was concern expressed about allowing law enforcement to appear remotely infraction hearing. There was also argument that RCW 46.63.090(2) confers a right to confront the witness in person. Ultimately, the rule was extensively discussed and modified resulting in a unanimous vote by the group as it is presented here. This rule in combination with ARLJ 15, as proposed, addresses the Court’s ability to require in person testimony where deemed appropriate.

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.