Proposed Rules Archives

• Proposed Changes to RAP 16.11 - Personal Restraint Petition -- Consideration of Petition (in Word Format)
• Comments Received for RAP 16.11 - Personal Restraint Petition -- Consideration of Petition

Purpose: This amendment is intended to clarify the determination that is made by the court after the State has responded to a petition. While some petitions are frivolous on their face, and should be summarily dismissed pursuant to RCW 10.73.140, this rule, and newly proposed RAP 16.8A, other petitions may reveal themselves to be frivolous only after the State has provided its response. For example, a claim that a defendant’s offender score was miscalculated may be shown to be frivolous once the State provides the plea and sentencing documentation. The rule as formulated makes it clear that such petitions may be decided by the Chief Judge without referring the petition to a panel of judges.