Proposed Rules Archives

CrRLJ 8.11 - Disclosure of Records


GR 9 Cover Sheet

Suggested Amendments to
CRIMINAL RULES FOR THE COURTS OF LIMITED JURISDICTION

Repeal CrRLJ 8.11: Disclosure of Records

Submitted by the District & Municipal Courts Judges Association

Purpose:   The Supreme Court requested the District and Municipal Court Judges Association (DMCJA) review the apparent conflict between GR 31 and ARLJ 9 and provide a recommendation to resolve the conflict. The DMCJA has determined that because access to court records in courts of limited jurisdiction is governed by two court rules that are not entirely consistent with each other, GR 31 and ARLJ 9, it may create confusion for courts and the public. DMCJA therefore recommends the repeal of ARLJ 9 and related rules CrRLJ 8.10 and 8.11, with the simultaneous amendment to GR 31 by adding a new section (l).

In its entirety, CrRLJ 8.11 provides: "Disclosure of records of courts of limited jurisdiction shall be governed by ARLJ 9 and by RCW 10.97." As DMCJA has requested repeal of ARLJ 9, and the Court of Appeals has determined that Chap. 10.97 RCW does not apply to court records, State v. Young, 152 Wash. App. 186, 189, 216 P.3d 449 (2009), this rule is archaic and potentially misleading. The DMJCA recommends that it be repealed.

 

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