GR 9 COVER SHEET

Suggested Amendments

CRIMINAL RULES FOR COURTS OF LIMITED JURISDICTION (CrRLJ)

Rule 8.2 - MOTIONS

______________________________________________________

A.    Name of Proponent:      

William D. Pickett, President, Washington State Bar Association

B.     Spokesperson:

Jefferson Coulter

Chair of Court Rules and Procedures Committee

NW Justice Project

1702 W. Broadway Ave.

Spokane, WA 99201 (Phone: 509-324-9128)

Staff Liaison/Contact:

Nicole Gustine, Assistant General Counsel

Washington State Bar Association (WSBA)

1325 Fourth Avenue, Suite 600

Seattle, WA 98101-2539 (Phone: 206-727-8237)

C.    Purpose:  

There is currently a conflict in the case law as to whether the criminal rules allow a motion for reconsideration.  State v. Batsell, No. 33340-0 (Wash. Ct. App. May 2, 2017) (unpublished), http://www.courts.wa.gov/opinions/pdf/33400_unp.pdf (issued May 2, 2017), illustrates that there is some confusion as to whether a motion for reconsideration is allowed under the criminal rules.  The Batsell court noted that State v. Gonzalez, 110 Wn.2d 738, 744, 757 P.2d 925 (1988), noted that civil rules are instructive as to matters of procedure on which the criminal rules are silent.  However, State v. Keller, 32 Wn. App. 135, 647 P.2d 35 (1982), held that CR 59 did not apply in criminal cases.  In contrast, as the Batsell court noted, “at least two reported decisions in criminal appeals have involved motions for reconsideration without questioning CR 59’s application in criminal cases.”  Batsell, slip op. at 7 (citing State v. Englund, 186 Wn.App. 444, 459, 345 P.3d 859, review denied, 183 Wn.2d 1011, 352 P.3d 188 (2015); State v. Chaussee, 77 Wn. App. 803, 806-07, 895 P.2d 414 (1995)).

This confusion results in inconsistency across courts.  It also presents a problem when a party in a criminal case wishes to move for discretionary review, as the time for filing a notice of discretionary review runs from the entry of an order deciding a timely motion for reconsideration pursuant to RAP 5.2(b).

The district court criminal rules do not have an express provision for motions for reconsideration.  To be consistent with the superior court rule it is recommended that District Court Criminal Rule 8.2 also be amended.