GR 9 Cover Sheet

Suggested Changes to CrR 3.1, CrRLJ 3.1 and JuCR 9.3

(A) Name of Proponent: Washington Defender Association

(B)  Spokesperson: Magda Baker, Misdemeanor Resource Attorney, Washington Defender Association

(C) Purpose: The Washington Defender Association (WDA) suggests changes to CrR 3.1(f), CrRLJ 3.1(f) and JuCR 9.3(a) that would ensure that criminal defense attorneys who request funds for experts on behalf of indigent clients in superior courts, courts of limited jurisdiction and juvenile courts do so ex parte. WDA has heard from defenders who have requested expert funds ex parte only to have judges invite prosecutors to weigh in on their requests, which allows opposing counsel a preview of the defense’s trial strategy. The changes we propose would eliminate that practice and any chilling effect it may have on defenders considering requests for expert funds. Such changes would also lead to a more uniform administration of justice throughout the state, since currently some judges seek prosecutorial input on defense requests for expert funding while others do not. Finally, the changes would promote a more level playing field for defenders and prosecutors, since prosecutors can often consult with law enforcement employees as experts or get expert funding from their offices without court approval.