GR 9 COVER SHEET

Suggested Amendment to the

SUPERIOR COURT GENERAL RULES (GR)

GR 27:  COURTHOUSE FACILITATORS

Submitted by the Superior Court Judges’ Association

_____________________________________________________________

A.      Name of Proponent:      Superior Court Judges’ Association

B.      Spokesperson:               Judge Judith Ramseyer, President

                                                 Superior Court Judges’ Association

C.      Purpose:    

In 1993, the legislature created the Washington State courthouse facilitator program with the stated purpose to “provide basic services to pro se litigants in family law cases.”  RCW 26.12.240.  In response, the Supreme Court promulgated General Rule 27 (GR 27) to implement the courthouse facilitator program specified by law. 

The uniform guardianship, conservatorship, and other protective arrangements act (UGCPAA), chapter 11.130 RCW, repealed existing state guardianship laws and replaced them with the UGCPAA, effective beginning January 1, 2021. The UGCPAA consolidated law concerning guardianships, conservatorships, and protective arrangements for both minors and adults. Pertinent to the courthouse facilitator programs, chapter 26.10 RCW was repealed as related to nonparental child custody actions.  GR 27, however, does not include the UGCPAA.

Revisions are needed to GR 27 on an expedited basis so that courthouse facilitator program services will be available under the UGCPAA. Without these needed amendments, courthouse facilitator programs will not be able to assist unrepresented litigants in minor guardianship cases now filed under the new law. Although as the result of compromise chapter. 26.10 RCW is not expected to be repealed until July 1, 2021 so that pending cases have a grace period in which to be resolved, new minor guardianship cases commenced after January 1, 2021, are filed under the UGCPAA.  Accordingly, between January and July 2021, courthouse facilitators may assist parties under both the older provisions and the newly enacted law.  Because GR 27 does not authorize courthouse facilitator program services under the UGCPAA, facilitators may be prevented from serving parties involved in minor guardianship matters commenced in 2021.  The impact can be substantial.  In 2019, 1,682 nonparental child custody petitions were filed in Washington superior courts, often involving more than one child. This proposed amendment includes needed references to the new UGCPAA law, specifically RCW 11.130.165, while retaining for now the reference to the law scheduled for repeal in July.

See recommended changes to GR 27: section (a) Generally; section (c)(2) and (3) Definitions; and section (f) Facilitator Termination.

D.      Hearing:  A hearing is not requested.

E.       Expedited Consideration:  Expedited consideration is requested as exceptional circumstances exist. Without the proposed amendments, GR 27 creates confusion and may result in the denial of services by Courthouse Facilitators to unrepresented litigants in minor guardianship cases commenced under the UGA.