GR 9 COVER SHEET

Suggested Amendment to

WASHINGTON STATE COURT RULE:

CrRLJ 1.3: EFFECT

Submitted by the District & Municipal Courts Judges Association

_____________________________________________________________________

A.        Name of Proponent:          District & Municipal Courts Judges’ Association

B.        Spokesperson:                   Judge Samuel Meyer, President

DMCJA

C.        Purpose:      

The proposed amendment is intended to clarify the effect of the rule and be consistent with case law. When the Criminal Rules were first enacted, subsection (a) was designed to provide continuity in procedure for cases pending on the date the rules first became effective. As that is no longer a concern, the proposed amendment would eliminate the language about what rules apply in which situation. This would make the language consistent with case law that new criminal rules apply to pending cases, regardless of when the case began, unless the court finds the interest of justice would be served by adhering to the prior formulation. State v. Olmos, 129 Wn. App. 750, 757, 120 P.3d 139 (2005); State v. Matlock, 27 Wn. App. 152, 157, 616 P.2d 684 (1980). The language of the rule still gives a court the authority to apply the prior rules of procedure “in the interests of justice.”

The Washington State Bar Association has proposed amendments to CrR 1.3 pertaining to the effect of court rules, to clarify the language and comport with case law. Adoption of a similar proposal would help clarify CrRLJ 1.3 and would have the added benefit of keeping the trial court rules congruent.

D.        Proposed Amendments:

Current Rule 1.3:

            Except as otherwise provided elsewhere in these rules, on their effective date:

            (a) Any acts done before the effective date in any proceedings then pending or any action taken in any proceeding pending under rules of procedure in effect prior to the effective date of these rules are not impaired by these rules.

            (b) These rules also apply to any proceedings in court then pending or thereafter commenced regardless of when the proceedings were commenced, except to the extent that in the opinion of the court, the former procedure should continue to be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedures of these rules.

Proposed Amendment:

On their effective date these rules apply to any proceedings in court then pending or thereafter commenced regardless of when the proceedings were commenced, except to the extent that in the opinion of the court, the former procedure should continue to be made applicable in a particular case in the interest of justice.